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.