Teaching Council Act 2001

30

F24 [ Employment of teacher in recognised school

30. Subject to subsection (8) of section 24 (inserted by section 6 of the Education (Amendment) Act 2012 ) of the Act of 1998, subsection (22) of section 33 (amended by section 14 of the Act of 2015), subsection (6A) (inserted by section 25 (g) of the Act of 2015) of section 44 and subsection (3A) (inserted by section 29 of the Act of 2015) of section 47 , a person who is employed as a teacher in a recognised school but

(a) is not a registered teacher, or

(b) stands removed or suspended from the register under Part 5,

shall not be remunerated in respect of his or her employment out of moneys provided by the Oireachtas. ]

Annotations

Amendments:

F24

Substituted (25.07.2016 and 2.11.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 9, S.I. Nos. 408 of 2016 and 556 of 2016.

Modifications (not altering text):

C5

Application of section restricted by Education Act 1998 (51/1998), s. 24(8), (9) as substituted (27.01.2014) by Education (Amendment) Act 2012 (14/2012), s. 6, S.I. No. 418 of 2013.

[Provisions relating to staff.

24.— ...

(8) Notwithstanding section 30 of the Act of 2001, the Minister, where he or she is satisfied that it is necessary to facilitate the urgent, temporary or occasional staffing needs of recognised schools, may from time to time prescribe both—

(a) the circumstances in which a person, who is not a registered teacher for a reason other than that he or she is suspended or removed from the register under Part 5 of the Act of 2001, may be employed in the place of a registered teacher in a recognised school and be remunerated, in respect of such employment, out of monies provided by the Oireachtas, and

(b) the conditions attaching to the employment of such a person where he or she is, or is to be, remunerated out of monies provided by the Oireachtas.

(9) Notwithstanding section 30 of the Act of 2001, the Minister shall consider the following in satisfying himself or herself for the purposes of subsection (8):

(a) the desirability of ensuring that persons employed in teaching positions in a recognised school are registered teachers;

(b) the need to facilitate the urgent, temporary or occasional staffing needs of schools;

(c) the desirability of minimising disruption to the education of students; and

(d) the qualifications and relevant experience of a person referred to in paragraphs (a) and (b) of subsection (8).

(10) Without prejudice to the generality of subsection (8), regulations made under that subsection may provide for one or more than one of the following:

(a) a requirement that a person referred to in paragraphs (a) and (b) of subsection (8) be employed in the place of a registered teacher in a recognised school in a position remunerated, or to be remunerated, out of monies provided by the Oireachtas if, and only if, no registered teacher is available to take up the position in question;

(b) a limit on the length for which such a person may be so employed in place of a registered teacher;

(c) a requirement that such a person has certain minimum qualifications before he or she can be so employed;

(d) a requirement that the Minister consent to the employment of such a person;

(e) a limit on the subjects or purposes, or both, for which such a person may be so employed;

(f) a requirement that a school retain and furnish to the Minister evidence that it has been unable to employ a registered teacher in the place of a registered teacher in a recognised school; and

(g) a requirement that such a person is subject to An Garda Síochána vetting and clearance in accordance with standard practice for registered teachers.

... ]

Editorial Notes:

E30

Information in relation to registered teachers to be provided by Teaching Council specified by Education Act 1998 (51/1998), s. 24(7), as substituted (6.06.2012) by Education (Amendment) Act 2012 (14/2012), s. 6, S.I. No. 190 of 2012.