Teaching Council Act 2001

Registration.

31

31.—(1) Subject to subsections (2) and (3), a person may apply to the Council for registration.

(2) A person who before the establishment day—

( a) is employed as a teacher in a recognised school and whose remuneration in respect of that employment is paid out of moneys provided by the Oireachtas, or

( b) where he or she is not so employed, he or she is eligible to be so employed,

shall be deemed to be registered for a period of 12 months from the establishment day.

(3) ( a)  A person referred to in subsection (2) shall apply to the Council for registration within the period specified in that subsection and shall, on the making of an application, be registered.

( b) Where a person fails to apply for registration within the specified period, his or her registration shall lapse on the expiration of that period and section 30 shall apply.

(4) The Council may make regulations for the purposes of registration under subsection (3) which shall provide for, but not necessarily be limited to, all or any of the following:

( a) the form and manner in which an application for registration shall be made;

( b) the documentary and other evidence which shall accompany an application for registration.

(5) The Council may make regulations for the purposes of registration under this section of persons, other than those referred to in subsection (2), which shall provide for, but not necessarily be limited to, all or any of the following:

( a) the form and manner in which an application for registration shall be made;

F25 [ ( b ) the documentary and other evidence which the Council may request for the purposes of determining an application for registration, including the documentary and other evidence to enable the Council to satisfy itself that a person is a fit and proper person to be admitted to the register; ]

F25 [ ( c ) any other requirements to be met for the purposes of registration which may include requirements relating to

(i) qualifications,

(ii) teaching experience, and

(iii) medical fitness; ]

( d) removal from the register under section 34 for failure to apply for renewal of registration;

( e) correction of the register under section 36 .

F26 [ (5A) The Council may seek a vetting disclosure in respect of a person applying for registration under this section.

(5B) The Council shall not register a person who makes an application under subsection (1) unless the Council

( a ) receives a vetting disclosure in respect of the person, and

( b ) is satisfied that the person is a fit and proper person to be admitted to the register, having considered

(i) subject to subsection (5C) , the information contained in the vetting disclosure in respect of that person,

(ii) any submissions made by the person under subsection (5D) , and

(iii) any documentary and other evidence submitted by that person to the Council for that purpose in accordance with requirements (if any) prescribed under subsection (5)(b) .

(5C) Where a vetting disclosure received by the Council under this section in respect of a person contains specified information and the specified information relates to conduct of the person which occurred prior to the coming into operation of section 10 of the Act of 2015 , the Council may not consider that information for the purposes of subsection (5B)(b) unless the conduct concerned would have constituted a criminal offence at the time the conduct occurred.

(5D) Where a vetting disclosure received by the Council under this section in respect of a person contains information referred to in section 14(4)(a) of the Act of 2012 and the Council considers that information disclosed is of relevance to its consideration as to whether the person making an application under subsection (1) is a fit and proper person to be registered as a teacher under this section, the Council shall notify that person accordingly and invite that person to make submissions in writing to the Council in relation to the disclosure within such time period as is specified in the notice.

(5E) The Council may seek evidence from the person making an application under subsection (1) , or any other relevant person, to verify any of the information submitted by the person making that application, for the purposes of registration in accordance with this section. ]

(6) The Council—

( a) may refuse to register a person where—

(i) he or she does not satisfy the requirements for registration prescribed under subsection (5),

F27 [ (ia) he or she has failed to provide a declaration of consent or any other information required in accordance with section 31A (inserted by section 12 of the Act of 2015), ]

F25 [ (ii) at the time the Council makes its decision, the person

(I) stands removed from the register under Part 5 and is not eligible to apply to be restored to the register under this section, or

(II) stands suspended from the register under Part 5 and the period of suspension has not expired, or ]

(iii) before the establishment day, in respect of the person, recognition as a teacher in a primary school or registration as a teacher in a post-primary school was withdrawn by the Minister,

F27 [ (aa) shall refuse to register a person where it is not satisfied that he or she is a fit and proper person to be admitted to the register, ]

or

( b) may register a person F25 [ subject to such conditions (if any) as the Council considers appropriate ], including conditions as to probation, and such conditions shall be complied with within such period as may be specified by the Council.

(7) Where the Council makes a decision, under subsection (6), to refuse to register a person or to register the person subject to conditions, the Council shall, within 21 days of making the decision, inform the person, by notice in writing, of the decision and the reasons for that decision and of the rights of the person under subsection (8).

(8) A person may, within 21 days of the date of service of a notice under subsection (7), apply to the High Court for annulment of the decision concerned and the Court, on hearing the application, may—

( a) confirm the decision of the Council,

( b) annul the decision of the Council and as the Court considers appropriate—

(i) direct the Council to register the person with or without conditions, as the case may be, or

(ii) direct the Council to make a further decision,

( c) vary the decision of the Council, or

( d) give such other directions to the Council as the Court considers appropriate,

and the Court may make such order as to costs as it considers appropriate.

(9) ( a)  When registration has been completed the Council shall issue to the registered teacher a certificate of registration in such form and manner and containing such information as the Council may prescribe.

( b)  A certificate purporting to be issued by the Council under paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate, be evidence, until the contrary is shown, of the matters stated in the certificate.

Annotations

Amendments:

F25

Substituted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 10(a)(i), (ii), (c)(i)(II), (iii), S.I. No. 222 of 2016, subject to transitional provision in s. 11.

F26

Inserted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 10(b), S.I. No. 222 of 2016, subject to transitional provision in s. 11.

F27

Inserted (29.04.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 10(c)(i)(I), (ii), S.I. No. 222 of 2016, subject to transitional provision in s. 11.

Editorial Notes:

E31

Power pursuant to section exercised (27.05.2021) by Teaching Council (Registration) (Amendment) Regulations 2021 (S.I. No. 266 of 2021).

E32

Power pursuant to section exercised (30.07.2020) by Teaching Council (Registration) (Amendment) Regulations 2020 (S.I. No. 269 of 2019).

E33

Power pursuant to section exercised (25.07.2016) by Teaching Council (Registration) Regulations 2016 (S.I. No. 444 of 2016), in effect as per reg. 2

E34

Previous affecting provision: power pursuant to section exercised (18.11.2009) by Teaching Council (Registration) Regulations 2009 (S.I. No. 595 of 2009); revoked (25.07.2016) by Teaching Council (Registration) Regulations 2016 (S.I. No. 444 of 2016), reg. 16, subject to transitional provision in reg. 17.