# The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009, Article 17: Modifications to the General Teaching Council for England (Disciplinary Functions) Regulations 2001


(1) The General Teaching Council for England (Disciplinary Functions) Regulations 2001 have effect subject to the following modifications.
(2) In regulation 9—
(a) after paragraph (1)(b) insert—
“; or
(ba) the Independent Barring Board, established under section 1 of the Safeguarding Vulnerable Groups Act 2006 (“IBB”) has included, or is considering whether to include, a registered teacher in either of the barred lists maintained under section 2 of that Act”;
(b) for paragraph (3), substitute—
“(3) Where the Council is in receipt of documents concerning a registered teacher in which a relevant issue arises the Council shall refer those documents—
(a) where paragraph (1)(b) applies, to the Secretary of State for his consideration;
(b) where paragraph (1)(ba) applies, to IBB.”.
(c) for paragraph (4), substitute—
“(4) Where a Committee is considering allegations of unacceptable professional conduct or serious professional incompetence against a registered teacher or that he has been convicted of a relevant offence and a relevant issue arises, the Committee shall refer those allegations, or if the relevant issue forms part of a wholly separate allegation, that allegation, and all relevant documents or copies of documents—
(a) where paragraph (1)(b) applies, to the Secretary of State for his consideration;
(b) where paragraph (1)(ba) applies, to IBB.”.
(d) for paragraph (5), substitute—
“(5) Where a prohibition order is made in relation to a person on grounds of unacceptable professional conduct or a conviction for a relevant offence the Council shall refer the case and copies of all relevant documents—
(a) where paragraph (1)(b) applies, to the Secretary of State for him to consider the further exercise of his own powers;
(b) where paragraph (1)(ba) applies, to IBB.”.

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Source: https://www.legislation.gov.uk/ukdsi/2009/9780111480892/article/17 (the official version)
Page: https://openlegislation.uk/draft-safeguarding-vulnerable-groups-act-2006-regulated-activity-miscellaneous-and-transitional-provisions-and-commencement-no-5-order-2009/article-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.