Teaching Council Act 2001

Interpretation.

2

2.—(1) In this Act, except where the context otherwise requires—

F1 [ Act of 1998 means the Education Act 1998 ; ]

F2 [ Act of 2012 means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 ; ]

F3 [ Act of 2015 means the Teaching Council (Amendment) Act 2015; ]

F1 [ centre for education has the same meaning as it has in the Act of 1998; ]

“chairperson” means the chairperson of the Council elected under paragraph 6 of Schedule 1 and includes the deputy chairperson and a member of the Council appointed under paragraph 11(c) of that Schedule to preside at a meeting, while so presiding;

F3 [ child has the same meaning as it has in the Act of 2012; ]

“committee” means a committee established under section 24 ;

F1 [ complainant means a person (including the Council) who makes a complaint under subsection (1) or subsection (1D) , as the case may be, of section 42 ; ]

“Council” means the Teaching Council established under section 5 ;

F1 [ delivery of home tuition shall be construed in accordance with subsection (1A) (inserted by section 2 (b) of the Act of 2015); ]

“Director” means the chief executive officer of the Council appointed under section 11 ;

“Disciplinary Committee” means the committee established under section 24(2)(b)(ii) ;

“establishment day” means the day appointed by the Minister under section 3 to be the establishment day for the purposes of this Act;

“Executive Committee” means the committee established under section 24(2)(a) ;

“first Director” means a person appointed under section 12 to be the first Director of the Council;

F4 [ Garda Central Vetting Unit has the same meaning as it has in the Act of 2012;

GCVU disclosure means vetting information in respect of a person received from the Garda Central Vetting Unit before the commencement of the Act of 2012; ]

F1 [ harm has the same meaning as it has in the Act of 2012; ]

“Investigating Committee” means the committee established under section 24(2)(b)(i) ;

“Minister” means the Minister for Education and Science;

“national association of parents” has the same meaning as in the Education Act, 1998;

F5 [ panel means a panel of the Disciplinary Committee established under section 43(3); ]

F1 [ poor professional performance means, in relation to a registered teacher, a failure by the registered teacher to meet the standards of competence (whether in knowledge, skill or the application of knowledge and skill or both) that can be reasonably expected of a registered teacher; ]

“prescribed” means prescribed by regulations made by the Minister or the Council, as the case may be;

F6 [ ]

“recognised post-primary school” means a recognised school which provides post-primary education to its students and which may also provide courses in adult, continuing or vocational education or vocational training;

“recognised primary school” means a recognised school which provides primary education to its students and which may also provide early childhood education;

“recognised school” means a school which is recognised by the Minister in accordance with section 10 of the Education Act, 1998;

“recognised school management organisations” has the same meaning as in the Education Act, 1998;

“recognised trade union” means a trade union licensed under the Trade Union Acts, 1871 to 1990, that stands recognised for consultation purposes;

“register” means the register of teachers established under section 29 and “registration” and “registered” shall be construed accordingly;

“registered teacher” means a teacher whose name is entered in the register in accordance with Part 3;

“Registration Council” means the Registration Council constituted under section 1 of the Intermediate Education (Ireland) Act, 1914;

F7 [ relevant organisation has the same meaning as it has in the Act of 2012; ]

“renewal fee” means a fee charged under section 23(2)(d) or (e);

F8 [ specified information has the same meaning as it has in the Act of 2012; ]

“teacher” means a person who—

( a) before the establishment day has achieved the qualifications required by the Minister for employment as a teacher in a recognised school, or

( b) in the case of a person to whom paragraph (a) does not apply, is eligible for registration under section 31(5) .

F9 [ vetting disclosure has the same meaning as it has in the Act of 2012;

vetting procedures has the same meaning as it has in the Act of 2012;

vulnerable person has the same meaning as it has in the Act of 2012. ]

F10 [ (1A) In this Act, a reference to the delivery of home tuition is a reference to any work or activity consisting of the provision of home tuition by a person pursuant to a scheme administered and funded by the Department of Education and Skills and known as the Home Tuition Scheme. ]

(2) In this Act—

( a) a reference to a Part, section or Schedule is a reference to a Part or section of, or Schedule to, this Act, unless it is indicated that a reference to some other provision is intended,

( b) a reference to a subsection, paragraph, subparagraph or clause is a reference to the subsection, paragraph, subparagraph or clause of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended,

( c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, by or under any other enactment, including this Act, and

( d) a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.

Annotations:

Amendments:

F1

Inserted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(i), S.I. No. 408 of 2016.

F2

Inserted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(i), S.I. No. 222 of 2016.

F3

Inserted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(i), S.I. No. 222 of 2016.

F4

Inserted (2.11.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(i), S.I. No. 556 of 2016.

F5

Substituted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(ii), S.I. No. 408 of 2016.

F6

Deleted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(iii), S.I. No. 408 of 2016.

F7

Inserted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(i), S.I. No. 222 of 2016.

F8

Inserted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(i), S.I. No. 222 of 2016.

F9

Inserted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(a)(i), S.I. No. 222 of 2016.

F10

Inserted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 2(b), S.I. No. 408 of 2016.