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The Education Workforce Council (Membership and Appointment) (Wales) Regulations 2014

W.S.I. 2014/2365 · Made 3 September 2014 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 9 August 2018.

Education, Wales

Made 3 September 2014

Laid before the National Assembly for Wales 5 September 2014

Coming into force

29 September 2014

except as provided for in regulation 1(1)

The Welsh Ministers in exercise of the powers conferred on them by sections 2(2) and 47(1) of, and by paragraphs 4, 9(2) and 12 of Schedule 1 to, the Education (Wales) Act 2014f1 make the following Regulations:

Annotations to the whole text

Footnotes

f1

2014 anaw 5.

Contents

  1. 1Title, commencement and application
  2. 2Revocation
  3. 3Interpretation
  4. 4Membership
  5. 5Eligibility for appointments
  6. 6Members appointed by the Welsh Ministers after nomination
  7. 7Members appointed by the Welsh Ministers without nomination
  8. 8Vacancies
  9. 9Appointment of chief officer
  10. 10Chief officer selection panel
  11. Signature
  12. Schedule 1REGULATIONS REVOKED
  13. Schedule 2: ORGANISATIONS ENTITLED TO NOMINATE PERSONS FOR APPOINTMENT TO THE COUNCIL
  14. Part 1
  15. 1Paragraph 1
  16. 2Paragraph 2
  17. 3Paragraph 3
  18. 4Paragraph 4
  19. 5Paragraph 5
  20. 6Paragraph 6
  21. 7Paragraph 7 Repealed
  22. 8Paragraph 8
  23. 9Paragraph 9
  24. 10Paragraph 10
  25. 11Paragraph 11
  26. 12Paragraph 12
  27. 13Paragraph 13
  28. Part 2
  29. 14Paragraph 14
  30. 15Paragraph 15
  31. 16Paragraph 16
  32. 17Paragraph 17
  33. 18Paragraph 18
  34. 19Paragraph 19
  35. 20Paragraph 20
  36. 21Paragraph 21
  37. 22Paragraph 22
  38. 23Paragraph 23
  39. 24Paragraph 24
  40. 25Paragraph 25
  41. 26Paragraph 26
  42. 27Paragraph 27
  43. 28Paragraph 28
  44. 29Paragraph 29
  45. 30Paragraph 30
  46. 31Paragraph 31
  47. Explanatory note

1Title, commencement and applicationI1

(1)

The title of these Regulations is the Education Workforce Council (Membership and Appointment) (Wales) Regulations 2014 and they come into force on 29 September 2014 except for regulation 2 which comes into force on 1 April 2015.

(2)

These Regulations apply in relation to Wales.

2RevocationI1

The Regulations in Schedule 1 are revoked.

3InterpretationI1

In these Regulations—

  • “the 1996 Act” (“Deddf 1996”) means the Education Act 1996f1;

  • “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998f2;

  • “the 2014 Act” (“Deddf 2014”) means the Education (Wales) Act 2014;

  • “the Council” (“y Cyngor”) means the Education Workforce Council;

  • “chief officer” (“prif swyddog”) means the chief officer of the Council; and

  • “member” (“aelod”) means a member of the Council.

4MembershipI1

The Council must consist of 14 members appointed in accordance with regulations 6 and 7.

5Eligibility for appointmentsI1

No person is eligible for appointment under regulations 6 or 7 where—

(a)

the person is barred from regulated activity relating to children within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006f1;

(b)

the person is prohibited from teaching by virtue of a direction under section 142(1)(a) of the Education Act 2002f2;

(c)

the person is prohibited from being employed as a teacher by virtue of a prohibition order under section 141B of the Education Act 2002;

(d)

a disciplinary order is made in respect of the person under Schedule 2 to the 1998 Act by virtue of which the person becomes ineligible for registration under section 3 of the 1998 Act;

(e)

a disciplinary order is made in respect of the person under section 26f3 of the 2014 Act by virtue of which the person becomes ineligible for registration under section 9 of the 2014 Act;

(f)

the person is disqualified from being employed as a teacher in any school by virtue of an order made—

(i)

by an Independent Schools Tribunal under section 470 of the 1996 Actf4, or

(ii)

by the Secretary of State or the Welsh Ministers under section 471 of the 1996 Actf5; or

(g)

the person is ineligible for registration as a teacher, or disqualified from being a teacher in any school or further education institution in another part of the United Kingdom.

6Members appointed by the Welsh Ministers after nominationI1

(1)

The Welsh Ministers must seek nominations for the post of Council member from the organisations set out in Schedule 2.

(2)

The Welsh Ministers must appoint seven members from the list of persons nominated by the organisations set out in Schedule 2.

(3)

In making appointments under paragraph (2) the Welsh Ministers must, so far as possible, ensure that four of the members so appointed are persons nominated by an organisation set out in Part 1 of Schedule 2.

(4)

Where an organisation set out in Schedule 2 changes its name, but its objects are not materially changed, the reference to the organisation in the Schedule is to be read as a reference to the organisation under its new name.

7Members appointed by the Welsh Ministers without nominationI1

Seven members must be appointed by the Welsh Ministers.

8VacanciesI1

(1)

This regulation applies where a vacancy occurs among members otherwise than by the expiry of a member’s term of office.

(2)

If the vacancy is among members appointed under regulation 6 the vacancy must be filled by the Welsh Ministers by appointing a person—

(a)

from the list of persons most recently provided by the nominees who nominated the person who has vacated office;

(b)

if it is not possible to appoint a person in accordance with sub-paragraph (a), from the list of persons most recently provided by any other nominee listed in the same Part of Schedule 2 as the nominee who nominated the person who has vacated office; or

(c)

if it is not possible to appoint a person in accordance with sub-paragraphs (a) and (b), from the list of persons most recently provided by any other nominee listed in either Part 1 or 2 of Schedule 2.

(3)

If the vacancy is among members appointed under regulation 7—

(a)

the vacancy must by filled by an appointment by the Welsh Ministers; and

(b)

where the person that has vacated office was a registered person the appointee must be from the same category of registered person as that which has vacated office.

(4)

A person appointed under this regulation to fill a vacancy holds office until the date on which the term of office of the member whose vacancy that person fills would have expired.

(5)

Where a vacancy has not been filled pursuant to this regulation the Council may fill that vacancy by a temporary appointment.

(6)

Any temporary appointment under paragraph (5) must—

(a)

only be made where the vacancy occurs within 6 months of the date on which the term of office of the member whose vacancy that person fills would have expired;

(b)

be for a term not exceeding the date on which the term of office of the member whose vacancy that person fills would have expired, and

(c)

be on such other terms as the Council determine.

9Appointment of chief officerI1

(1)

Up to and including the 31 March 2015 the General Teaching Council for Wales must appoint the chief officer.

(2)

From and including the 1 April 2015 the Council must appoint the chief officer.

(3)

The terms and conditions of a person’s appointment under paragraph (1) are—

(a)

to be determined by the General Teaching Council for Wales; and

(b)

approved (and any revised terms and conditions) by the Welsh Ministers.

(4)

The terms and conditions of a person’s appointment under paragraph (2) are—

(a)

to be determined by the Council;

(b)

reviewed by the Council every three years; and

(c)

approved (and any revised terms and conditions) by the Welsh Ministers.

10Chief officer selection panelI1

(1)

The Council must advertise any vacancy in the post of the chief officer in such publications circulating throughout England and Wales as it considers appropriate.

(2)

The Council must appoint a selection panel to—

(a)

select for interview such applicants for the post as the selection panel thinks fit;

(b)

interview such of those applicants as attend for the purpose; and

(c)

where the selection panel considers it appropriate to do so, recommend to the Council for appointment one of the applicants interviewed by the selection panel.

(3)

The selection panel must elect a chair from among their number.

(4)

Following a majority vote of the Council members the Council may remove the chair to any selection panel from the office of chair to that selection panel at any time.

(5)

The majority of persons on any selection panel must be council members.

(6)

The membership of a selection panel must include—

(a)

at least one representative of the Welsh Ministers; and

(b)

at least one independent member.

(7)

A person is not to be regarded as independent for the purposes of paragraph (6)(b) if the person is—

(a)

a member or an employee of the Council; or

(b)

an employee of the Welsh Government.

(8)

Where there is an equal decision of votes the chair, or as the case may be, the person who is acting as chair for the purposes of the meeting, has a second or casting vote.

(9)

Any decision of the selection panel must be taken by a vote representing an absolute majority of all the persons on the panel.

Signature

Huw Lewis

Minister for Education and Skills, one of the Welsh Ministers

3 September 2014

Schedule 1REGULATIONS REVOKEDI1

Regulations revokedReferencesExtent of revocation
General Teaching Council for Wales (Constitution) Regulations 1999S.I. 1999/1619Fully
General Teaching Council for Wales (Constitution) (Amendment) Regulations 1999S.I. 1999/3185Fully
General Teaching Council for Wales (Constitution) (Amendment) Regulations 2003S.I. 2003/389 (W. 51)Fully
General Teaching Council for Wales (Constitution) (Amendment) Regulations 2007S.I. 2007/812 (W. 69)Fully
General Teaching Council for Wales (Constitution) (Amendment) Regulations 2009S.I. 2009/1352 (W. 128)Fully
General Teaching Council for Wales (Constitution) (Amendment) Regulations 2012S.I. 2012/169 (W. 28)Fully

1F1

National Education Union.

2I1

National Association of Schoolmasters Union of Women Teachers (Cymru).

3I1

Association of School and College Leaders.

4I1

Professional Association of Teachers.

5I1

National Association of Head Teachers in Wales.

6I1

Undeb Cenedlaethol Athrawon Cymru.

7F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8I1

University and College Union.

9I1

UNISON.

10I1

GMB.

11I1

Unite the Union.

12I1

Aspect Group of Prospect Union.

13I1

Wales TUC.

14I1

CollegesWales.

15I1

Y Coleg Cymraeg Cenedlaethol.

16I1

Association of Directors of Education in Wales.

17I1

Welsh Local Government Association.

18I1

Confederation of School Governors Associations in Wales.

19I1

The Church in Wales.

20I1

The Catholic Education Service.

21I1

Higher Education Wales.

22I1

Universities Council for the Education of Teachers.

23I1

Welsh Independent Schools Council.

24I1

Wales Association of SACREsf1.

25I1

Association of Directors of Social Services Cymru.

26I1

Federation of Small Businesses.

27I1

Wales Council for Voluntary Action.

28F1

Council for Wales of Voluntary Youth Services Cyngor Cymreig y Gwasanaethau Ieuenctid Gwirfoddol.

29F1

Wales Principal Youth Officers’ Group.

30F1

National Training Federation for Wales Ltd.

31F1

Education Training Standards Wales.

Explanatory note

(This note is not part of the Regulations)

Section 2 in Part 2 of the Education (Wales) Act 2014 provides that the General Teaching Council for Wales is to continue to exist but will change its name to the Education Workforce Council (“the Council”). Part 2 makes further provision in relation to the Council. These Regulations make provision in relation to membership of the Council and the appointment of the chief officer and they come into force on 29 September 2014 except for those provisions in regulation 2 which come into force on 1 April 2015 when it is anticipated that the Council will be fully operational.

Schedule 1 to the Education (Wales) Act 2014 (“the 2014 Act”) provides that the Council will have 14 members appointed by the Welsh Ministers. Seven of those members must be appointed from nominees of organisations set out in the Schedule to these Regulations (regulations 4 and 6). The remaining seven will be appointed by the Welsh Ministers without nomination (regulations 4 and 7).

Regulation 5 sets out the grounds on which a person will not be eligible for appointment. This provision mirrors the grounds for removal from office set out in paragraph 6 of Schedule 1 to the 2014 Act.

Regulation 8 makes provision about the filling of vacancies among members of the Council before the expiry of that member’s term of office.

Regulation 9 makes provision about the appointment of the chief officer of the Council.

Regulation 10 makes provision about the selection panel that must be appointed in relation to the appointment of the chief officer.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.