Teaching Council (Amendment) Act 2015

Amendment of section 31 of Principal Act

10. Section 31 of the Principal Act is amended—

(a) in subsection (5) —

(i) by the substitution of the following paragraph for paragraph (b):

“(b) the documentary and other evidence which the Council may request for the purposes of determining an application for registration, including the documentary and other evidence to enable the Council to satisfy itself that a person is a fit and proper person to be admitted to the register;”,

and

(ii) by the substitution of the following paragraph for paragraph (c):

“(c) any other requirements to be met for the purposes of registration which may include requirements relating to—

(i) qualifications,

(ii) teaching experience, and

(iii) medical fitness;”,

(b) by the insertion of the following subsections after subsection (5):

“(5A) The Council may seek a vetting disclosure in respect of a person applying for registration under this section.

(5B) The Council shall not register a person who makes an application under subsection (1) unless the Council—

(a) receives a vetting disclosure in respect of the person, and

(b) is satisfied that the person is a fit and proper person to be admitted to the register, having considered—

(i) subject to subsection (5C), the information contained in the vetting disclosure in respect of that person,

(ii) any submissions made by the person under subsection (5D), and

(iii) any documentary and other evidence submitted by that person to the Council for that purpose in accordance with requirements (if any) prescribed under subsection (5)(b).

(5C) Where a vetting disclosure received by the Council under this section in respect of a person contains specified information and the specified information relates to conduct of the person which occurred prior to the coming into operation of section 10 of the Act of 2015, the Council may not consider that information for the purposes of subsection (5B)(b) unless the conduct concerned would have constituted a criminal offence at the time the conduct occurred.

(5D) Where a vetting disclosure received by the Council under this section in respect of a person contains information referred to in section 14(4)(a) of the Act of 2012 and the Council considers that that information disclosed is of relevance to its consideration as to whether the person making an application under subsection (1) is a fit and proper person to be registered as a teacher under this section, the Council shall notify that person accordingly and invite that person to make submissions in writing to the Council in relation to the disclosure within such time period as is specified in the notice.

(5E) The Council may seek evidence from the person making an application under subsection (1), or any other relevant person, to verify any of the information submitted by the person making that application, for the purposes of registration in accordance with this section.”,

and

(c) in subsection (6) —

(i) in paragraph (a) —

(I) by the insertion of the following subparagraph after subparagraph (i):

“(ia) he or she has failed to provide a declaration of consent or any other information required in accordance with section 31A (inserted by section 12 of the Act of 2015),”,

and

(II) by the substitution of the following subparagraph for subparagraph (ii):

“(ii) at the time the Council makes its decision, the person—

(I) stands removed from the register under Part 5 and is not eligible to apply to be restored to the register under this section, or

(II) stands suspended from the register under Part 5 and the period of suspension has not expired, or”,

(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) shall refuse to register a person where it is not satisfied that he or she is a fit and proper person to be admitted to the register,”,

and

(iii) in paragraph (b), by the substitution of “subject to such conditions (if any) as the Council considers appropriate” for “subject to conditions”.