Regulation 4 Amendment of the General Teaching Council for England (Disciplinary Functions) Regulations 2001

Regulation 9 shall be amended as follows.

In paragraph (1)(b), for the words “section 218(6)” to the end substitute “section 142 of the Education Act 2002 because it raises a relevant issue.”.

After paragraph (2) insert the following new paragraphs—

“(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 to the Secretary of State for his consideration.

(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 to the Secretary of State for his consideration.

(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 to the Secretary of State for him to consider the further exercise of his own powers.

(6)

For the purposes of this regulation a “relevant issue” arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of persons under the age of 18.”.