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The General Teaching Council for Wales (Constitution) Regulations 1999

S.I. 1999/1619 · Made 7 June 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

EDUCATION, ENGLAND AND WALES

WALES

Made 7th June 1999

Coming into force in accordance with article 1

In exercise of the powers conferred on the Secretary of State by sections 1(5) and (7) and 42(6) and (7) of, and paragraph 3 of Schedule 1 to, the Teaching and Higher Education Act 1998f1, the Secretary of State for Wales hereby makes the following Regulations, a draft of which has been laid before, and approved by, each House of Parliament:

Annotations to the whole text

Footnotes

f1

1998 c. 30; for the meaning of “prescribed” and “regulations” see section 43(1).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Membership
  4. 4Elected members
  5. 5Eligibility for election, appointments and to vote in elections
  6. 6Scheme for elections
  7. 7Members appointed by the Secretary of State after nomination
  8. 8Members appointed by the Secretary of State without nomination
  9. 9Exercise of power of appointment
  10. 10Term of office
  11. 11Casual vacancies
  12. 12Chairman
  13. Signature
  14. Schedule: ORGANISATIONS ENTITLED TO NOMINATE PERSONS FOR APPOINTMENT BY THE SECRETARY OF STATE
  15. Part ONE
  16. 1Paragraph 1
  17. 2Paragraph 2
  18. 3Paragraph 3
  19. 4Paragraph 4
  20. 5Paragraph 5
  21. 6Paragraph 6
  22. 7Paragraph 7
  23. 8Paragraph 8
  24. Part TWO
  25. 9Paragraph 9
  26. 10Paragraph 10
  27. 11Paragraph 11
  28. 12Paragraph 12
  29. 13Paragraph 13
  30. 14Paragraph 14
  31. 15Paragraph 15
  32. 16Paragraph 16
  33. 17Paragraph 17
  34. 18Paragraph 18
  35. 19Paragraph 19
  36. 20Paragraph 20
  37. 21Paragraph 21
  38. 22Paragraph 22
  39. 23Paragraph 23
  40. 24Paragraph 24
  41. 25Paragraph 25
  42. 26Paragraph 26
  43. 27Paragraph 27
  44. 28Paragraph 28
  45. 29Paragraph 29
  46. 30Paragraph 30
  47. 31Paragraph 31
  48. 32Paragraph 32
  49. 33Paragraph 33
  50. 34Paragraph 34
  51. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the General Teaching Council for Wales (Constitution) Regulations 1999 and shall come into force on the fourteenth day after the day on which they were made.

2Citation, commencement and interpretation

(1)

In these Regulations–

  • “the 1996 Act” means the Education Act 1996f1;

  • “the 1988 Act” means the Education Reform Act 1988f2;

  • “the 1998 Act” means the Teaching and Higher Education Act 1998;

  • “the Council” means the General Teaching Council for Wales;

  • “members” means members of the General Teaching Council for Wales;

  • “primary school” has the meaning assigned to it by section 5(1) of the 1996 Act except that it does not include a special school;

  • “secondary school” has the meaning assigned to it by section 5(2) of the 1996 Act except that it does not include a special school;

  • “special school” has the meaning assigned to it by section 337 of the 1996 Actf3.

(2)

In these Regulations “teacher” means–

(a)

on and after the date of establishment of a register of teachers under section 3 of the 1998 Act, a registered teacher; and

(b)

before that date, a qualified teacher within the meaning of section 218(2) of the 1988 Actf4.

(3)

In these Regulations a reference to a regulation is a reference to a regulation contained herein, a reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and a reference to a Schedule is a reference to the Schedule to these Regulations.

3Membership

The Council shall consist of elected members elected in accordance with regulations 4 and 6 and appointed members appointed in accordance with regulations 7 and 8.

4Elected members

The elected members shall comprise–

(a)

four secondary school teachers;

(b)

four primary school teachers;

(c)

four head or deputy head teachers.

5Eligibility for election, appointments and to vote in elections

(1)

No person shall be eligible for election under regulation 4 or for appointment under regulation 11(1)(a) unless he is–

(a)

employed or engaged to provide his services as a teacher at the date of his election or appointment to the Council or he has been so employed or engaged within one year preceding that date; and

(b)

he has been employed or engaged to provide his services as a teacher for an aggregate period of two years or more in the five years preceding his election or appointment to the Council.

(2)

No person shall be eligible for election under regulation 4, for appointment under regulation 7, 8 or 11 or to vote in an election for elected members under a scheme made under regulation 6 at any time when–

(a)

his employment as a teacher is prohibited or restricted under regulations made under section 218(6) of the 1988 Actf1;

(b)

he is subject to a disciplinary order under Schedule 2 to the 1998 Act by virtue of which he is not eligible for registration as a registered teacher;

(c)

he 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 Act, or

(ii)

by the Secretary of State under section 471 of the 1996 Act; or

(d)

he is ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any provisions of the law of Scotland or of Northern Ireland.

6Scheme for elections

(1)

The election of elected members before the establishment of the Council shall be conducted in accordance with an electoral scheme made by the Secretary of State.

(2)

The election of elected members after the establishment of the Council shall be conducted in accordance with an electoral scheme set out in rules made by the Council with the approval of the Secretary of State.

(3)

An electoral scheme under paragraph (1) may be amended or revoked by a subsequent scheme of the Secretary of State and an electoral scheme under paragraph (2) may be amended or revoked by a subsequent scheme of the Council with the approval of the Secretary of State.

(4)

An electoral scheme under paragraph (1) or (2) shall include provision for–

(a)

the appointment of a returning officer and other staff in connection with the holding of elections;

(b)

the making up of a roll of teacher electors in Wales showing the category of elected member for which each is entitled to vote;

(c)

the determination of the category of elected member for which each elector is entitled to vote;

(d)

the giving of notice of holding of an election;

(e)

the nomination of candidates; and

(f)

any other matter necessary for the holding of elections.

(5)

Elections shall be held every four years.

7Members appointed by the Secretary of State after nomination

(1)

Nine members shall be appointed by the Secretary of State from a list of persons who have been nominated by one or more of the organisations set out in the Schedule.

(2)

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

(3)

The Secretary of State shall not appoint under paragraph (1) a person nominated by an organisation set out in Part One of the Schedule unless that person satisfies the criteria set out in regulation 5(1).

(4)

Members appointed under paragraph (1) shall act as individual members and not as representatives of the organisation which nominated them.

8Members appointed by the Secretary of State without nomination

Four members shall be appointed by the Secretary of State.

9Exercise of power of appointment

In making appointments under regulation 7, 8 or 11(1)(b) or (c) the Secretary of State shall ensure that a majority of the members of the Council satisfy the criteria set out in regulation 5(1).

10Term of office

(1)

The term of office of an elected member is four years.

(2)

The Secretary of State shall specify the term of office of a member appointed under regulation 7, 8 or 11(1)(b) or (c), but the term of office of such a member shall not exceed five years.

(3)

A member may resign at any time by giving notice in writing addressed to the chief officer of the Council.

(4)

A member may be removed from office by a majority vote of other members if without good cause–

(a)

he has been absent from three consecutive Council meetings; or

(b)

he has been absent from meetings for a period of six months or more starting with the date on which he last attended a Council meeting,

provided that he has been given the opportunity to be heard at the meeting at which the vote is taken.

(5)

A member shall cease to hold office if–

(a)

his employment as a teacher is prohibited or restricted under regulations made under section 218(6) of the 1988 Act;

(b)

a disciplinary order is made in respect of him under Schedule 2 to the 1998 Act by virtue of which he is not eligible for registration as a registered teacher;

(c)

he 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 Act, or

(ii)

by the Secretary of State under section 471 of the 1996 Act; or

(d)

he becomes ineligible for registration as a teacher, or he is disqualified from being a teacher in any school, by virtue of any provisions of the law of Scotland or Northern Ireland.

(6)

After their establishment the Council may make rules prescribing further grounds on which a member may be removed from office and the procedure for removal, and rules made under this paragraph may be amended or revoked by subsequent rules.

11Casual vacancies

(1)

Where a vacancy occurs among members otherwise than by the expiry of a member’s term of office–

(a)

if the vacancy is among the elected members, the vacancy shall be filled by the person receiving the next highest number of votes in the election of the member who has vacated office, and if no such person is available the Council shall fill the vacancy by co-opting a person of like electoral qualifications as the member who has vacated office;

(b)

if the vacancy is among members appointed under regulation 7, the vacancy shall be filled by the Secretary of State by appointing a person from the list of nominees most recently provided for the purposes of appointments under that regulation; and

(c)

if the vacancy is among members appointed under regulation 8, the vacancy shall be filled by an appointment made by the Secretary of State.

(2)

A person appointed under paragraph (1)(a) to fill a vacancy holds office until the date on which the term of office of the member whose vacancy he fills would have expired.

(3)

For the purposes of paragraph (1)(a) a person appointed as a replacement for an elected member shall be treated as an elected member.

12Chairman

(1)

Before the Council have been established the Secretary of State may appoint a chairman on such terms as he thinks fit.

(2)

After the Council have been established they shall elect a chairman from amongst their number.

(3)

The chairman–

(a)

may resign as chairman by giving notice in writing addressed to the chief officer of the Council; and

(b)

may be removed as chairman by a two-thirds majority vote of the other members.

(4)

After the Council have been established, the Council may make further rules with respect to the election of the Chairman and as to the period for which he holds office, and rules made under this paragraph may be amended or revoked by subsequent rules.

Signature

Signed by authority of the Secretary of State for Wales

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

7th June 1999

1

National Union of Teachers (Cymru)

2

National Association of Schoolmasters Union of Women Teachers (Cymru)

3

Secondary Heads Association in Wales

4

Professional Association of Teachers

5

National Association of Head Teachers in Wales

6

Undeb Cenedlaethol Athrawon Cymru

7

Association of Teachers and Lecturers

8

NATFHE – The University and College Lecturers' Union

9

Fforwm Ltd

10

Further Education National Training Organisation

11

National Association for Special Educational Needs

12

Wales Special Needs Action Group

13

Association of Directors of Education in Wales

14

Welsh Local Government Association

15

Council of Welsh TECs Ltd

16

Governors Wales (Confederation of School Governors Associations in Wales)

17

Roman Catholic Church in Wales

18

Church in Wales

19

Churches Joint Education Policy Committee

20

Heads of Higher Education Wales

21

University Council for the Education of Teachers Cymru

22

Confederation of British Industry Wales

23

Council for Industry and Higher Education

24

Parent Teacher Associations of Wales

25

Independent Schools Information Service Wales

26

Head Masters' and Headmistresses' Conference

27

Independent Schools Council

28

Welsh Secondary Schools Association

29

Welsh Primary Schools Association

30

Institute of Directors

31

Welsh Association of Standing Advisory Councils on Religious Education

32

Federation of Small Businesses

33

Association of Directors of Social Services in Wales

34

Wales Council for Voluntary Action

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for the constitution of the General Teaching Council for Wales. The Council will consist of twelve elected teacher members, nine members appointed by the Secretary of State from nominees of organisations set out in the Schedule and four members appointed by the Secretary of State.

The Regulations make provision for the initial elections of elected members to be organised in accordance with a scheme made by the Secretary of State. Subsequent elections will be organised by the Council.

The Regulations also make provision for the appointment of the first Chairman and subsequent election of a Chairman by the Council, the vacation of office by members and by the Chairman in certain circumstances, and the filling of such vacancies.