TEACHING COUNCIL ACT 2001


Number 8 of 2001


TEACHING COUNCIL ACT 2001

REVISED

Updated to 8 November 2016


This Revised Act is an administrative consolidation of Teaching Council Act 2001. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Finance (Certain European Union and Intergovernmental Obligations) Act 2016 (13/2016), enacted 26 October 2016, and all statutory instruments up to and including Teaching Council (Registration) (Amendment) Regulations 2016 (S.I. No. 557 of 2016), made 7 November 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 8 of 2001


TEACHING COUNCIL ACT 2001

REVISED

Updated to 8 November 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Teaching Council Acts 2001 to 2015 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Teaching Council (Amendment) Act 2015 (31/2005), s. 34(2)). The Acts in this group are:

Teaching Council Act 2001 (8/2001)

Teaching Council (Amendment) Act 2006 (2/2006)

Education (Amendment) Act 2012 (14/2012), ss. 1(4), 8, 9, 10

Teaching Council (Amendment) Act 2015 (31/2015), other than s. 32

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1998, may be found may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Teaching Council (Amendment) Act 2015 (31/2015)

Education and Training Boards Act 2013 (11/2013)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012)

Qualifications and Quality Assurance (Education and Training) Act 2012 (28/2012)

Education (Amendment) Act 2012 (14/2012)

Ministers and Secretaries (Amendment) Act 2011 (10/2011)

Teaching Council (Amendment) Act 2006 (2/2006)

All Acts up to and including Finance (Certain European Union and Intergovernmental Obligations) Act 2016 (13/2016), enacted 26 October 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Teaching Council (Registration) (Amendment) Regulations 2016 (S.I. No. 557 of 2016)

Teaching Council (Registration) Regulations 2016 (S.I. No. 444 of 2016)

Teaching Council (Disciplinary Committee Panel Procedures) Rules 2016 (S.I. No. 411 of 2016)

Teaching Council (Evidence, Representations and Examination in Case of Alleged Medical Unfitness) Regulations 2016 (S.I. No. 410 of 2016)

Teaching Council Act 2001 (Commencement) Order 2016 (S.I. No. 407 of 2016)

Teaching Council (Election of Members) Regulations 2015 (S.I. No. 540 of 2015)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

Teaching Council Act 2001 (Commencement) Order 2013 (S.I. No. 419 of 2013)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Teaching Council (Charging, Receipt and Recovery of Fees) Regulations 2012 (S.I. No. 534 of 2012)

Teaching Council Act 2001 (Commencement) Order 2012 (S.I. No. 328 of 2012)

Teaching Council Act 2001 (Amendment of Nominating Bodies) Order 2012 (S.I. No. 73 of 2012)

Teaching Council (Election of Members) (Amendment) Regulations 2011 (S.I. No. 607 of 2011)

Teaching Council (Registration) Regulations 2009 (S.I. No. 595 of 2009)

Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Teaching Council (Charging, Receipt and Recovery of Fees) Regulations 2008 (S.I. No. 609 of 2008)

Teaching Council (Election of Members) Regulations 2008 (S.I. No. 386 of 2008)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Teaching Council Act 2001 (Establishment Day) Order 2006 (S.I. No. 185 of 2006)

Teaching Council Act 2001 (Commencement) Order 2006 (S.I. No. 184 of 2006)

Teaching Council (First Election of Members) Regulations 2004 (S.I. No. 916 of 2004)

All statutory instruments up to and including Teaching Council (Registration) (Amendment) Regulations 2016 (S.I. No. 557 of 2016), made 7 November 2016, were considered in the preparation of this revision.


Number 8 of 2001


TEACHING COUNCIL ACT 2001

REVISED

Updated to 8 November 2016


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title and commencement.

2.

Interpretation.

3.

Establishment day.

4.

Regulations and orders.

PART 2

The Teaching Council

Chapter 1

The Council: General Provisions

5.

Establishment of Teaching Council.

6.

Objects of Council.

7.

Functions of Council.

8.

Membership of Council.

9.

Appointment of members of Council.

10.

Election of members of Council.

11.

Director.

12.

First Director.

13.

Employees.

14.

Superannuation.

15.

Membership of either House of Oireachtas or European Parliament.

16.

Inquiry and removal of members of Council from office.

17.

Indemnification of members of Council.

18.

Accounts and audits.

19.

Gifts.

20.

Power to borrow.

21.

Advances by Minister to Council.

22.

Expenses of Council and Minister.

23.

Fees.

Chapter 2

Committees of Council

24.

Committees.

25.

Membership of Executive Committee.

26.

Functions of Executive Committee.

27.

Membership of Investigating Committee.

28.

Membership of Disciplinary Committee.

PART 3

Registration

29.

The register.

30.

Employment of registered teacher.

31.

Registration.

31A.

Information necessary to obtain vetting disclosure.

32.

Registration subject to conditions.

33.

Renewal of registration.

33A.

Renewal of registration subject to conditions.

33B.

Sharing of information in a vetting disclosure obtained under section 33.

34.

Removal from register for failure to apply for renewal of registration.

35.

Removal from register on application of registered teacher.

36.

Correction of register.

37.

Information to be furnished by employer to Council.

PART 4

Education and Training

38.

Review of standards required for entry into teaching profession.

39.

Continuing education and training and professional development of teachers.

40.

Duty to ensure compliance with minimum standards specified by institutions of European Communities.

PART 5

Fitness to Teach

41.

Professional misconduct.

42.

Inquiry by Investigating Committee.

43.

Inquiry by Disciplinary Committee.

43A.

Use of information in vetting disclosures in inquiry under section 43.

43B.

Offences - panel inquiry.

43C.

Withdrawal of complaint.

44.

Removal or suspension from register or retention subject to conditions.

45.

Compliance with conditions of retention on register.

46.

Termination of suspension from register.

46A.

Notification to Minister, employer and other body of certain matters relating to sanctions.

46B.

Information Council may publish in public interest.

47.

Application by Council to High Court for order suspending registration.

PART 6

Dissolution of Registration Council

48.

Repeal of Intermediate Education (Ireland) Act, 1914.

49.

Dissolution of Registration Council.

50.

Pending legal proceedings.

51.

Transfer of assets and liabilities.

52.

Preservation of certain continuing contracts and adaptation of references.

PART 7

Miscellaneous

53.

Arrangements with persons to assit Council.

54.

Assignment of additional functions.

55.

Annual report.

56.

Offences and penalties in relation to register.

57.

Disclosure of interests.

58.

Disclosure of information.

59.

Privilege in respect of certain matters.

60.

Non-admissibility of certain evidence.

61.

Prosecution of offences.

62.

Service of notices.

SCHEDULE 1

Membership and Meetings of Council

SCHEDULE 2

The Director

SCHEDULE 3

Appointment of Panel under Section 43


Acts Referred to

Companies Acts, 1963 to 1990

Education Act, 1998

1998, No. 51

Education (Welfare) Act, 2000

2000, No. 22

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Intermediate Education (Ireland) Act, 1914

Geo. 4 & 5 c. 41

Local Government (Superannuation) Act, 1980

1980, No. 8

Petty Sessions (Ireland) Act, 1851

14 & 15 Vict., c. 93

Qualifications (Education and Training) Act, 1999

1999, No. 26

Trade Union Acts, 1871 to 1990

Vocational Education Acts, 1930 to 1999


Number 8 of 2001


TEACHING COUNCIL ACT 2001

REVISED

Updated to 8 November 2016


AN ACT TO PROMOTE TEACHING AS A PROFESSION; TO PROMOTE THE PROFESSIONAL DEVELOPMENT OF TEACHERS; TO MAINTAIN AND IMPROVE THE QUALITY OF TEACHING IN THE STATE; TO PROVIDE FOR THE ESTABLISHMENT OF STANDARDS, POLICIES AND PROCEDURES FOR THE EDUCATION AND TRAINING OF TEACHERS AND OTHER MATTERS RELATING TO TEACHERS AND THE TEACHING PROFESSION; TO PROVIDE FOR THE REGISTRATION AND REGULATION OF TEACHERS AND TO ENHANCE PROFESSIONAL STANDARDS AND COMPETENCE; FOR THOSE PURPOSES TO ESTABLISH A COUNCIL TO BE KNOWN AS AN CHOMHAIRLE MHÚINTEOIREACHTA OR, IN THE ENGLISH LANGUAGE, THE TEACHING COUNCIL; TO PROVIDE FOR THE REPEAL OF THE INTERMEDIATE EDUCATION (IRELAND) ACT, 1914, AND TO PROVIDE FOR RELATED MATTERS.

[17 th April, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: