Teaching Council Act 2001

Number 8 of 2001

TEACHING COUNCIL ACT 2001

REVISED

Updated to 23 August 2023

This Revised Act is an administrative consolidation of the Teaching Council Act 2001. It is prepared by the Law Reform Commission in accordance with its function under the 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 the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Teaching Council (Election of Members) Regulations 2023 (S.I. No. 420 of 2023), made 23 August 2023, 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 23 August 2023


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. (Repealed)

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 23 August 2023


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.

[17th April, 2001]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: