Teaching Council Act 2001

Removal or suspension from register or retention subject to conditions.

44

44.F46 [ (1) Subject to subsection (1A) , the panel may, having completed its report under paragraph (b) or paragraph (c) (as the case may be) of subsection (17) of section 43 , make a decision

(a) that the registered teacher be removed from the register and that he or she is not eligible to apply to be restored to the register under section 31 before the expiration of such period, beginning with the date of removal, as may be specified by the panel in the decision,

(b) that the registered teacher be suspended from the register for the period specified by the panel which period shall not exceed 2 years,

(c) that the registered teacher be retained on the register subject to all or any of the following conditions:

(i) that the teacher seek the assistance of such service relating to teacher health and welfare as may be available;

(ii) that the teacher attend a specified professional development course, or such other course as the panel considers appropriate;

(iii) the period within which the teacher shall comply with the conditions of the retention on the register;

(iv) such other conditions as the panel thinks fit,

(d) to advise, admonish or censure the registered teacher in writing. ]

F47 [ (1A) If the report referred to in subsection (1) contains the measures included in a consent or undertaking in accordance with section 43(17)(b)(iii) , then the panel shall make a decision to confirm those measures. ]

(2) F46 [ The Disciplinary Committee shall ], by notice in writing, within 21 days of the making of the decision provide a copy of the decision and the reasons for the decision to—

( a) F46 [ the complainant ],

( b) the registered teacher,

( c) where the registered teacher is employed as a teacher, his or her employer, and

( d) the Minister.

(3) F46 [ A registered teacher may, within 21 days of the date of service of a notice under subsection (2) , apply to the High Court for annulment of the decision (other than a decision to advise, admonish or censure under subsection (1)(d) or a decision under subsection (1A) ) ] and the Court, on hearing the application, may—

( a) annul the decision,

( b) confirm the decision and as the Court considers appropriate—

(i) direct the Council to remove the registered teacher from the register,

(ii) direct that during a specified period (which period shall commence not earlier than 7 days after the date of the decision of the Court and shall not exceed 2 years) registration shall be suspended, or

(iii) direct the Council to retain the registration subject to such conditions (if any) as the Court considers appropriate,

( c) vary the decision F48 [ ], 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.

(4) If at any time the Council satisfies the High Court that the registered teacher has delayed unduly in proceeding with an application under subsection (3), the Court shall, unless it sees good reason to the contrary, confirm the decision or may give such other directions to the Council as the Court considers appropriate and may make such order as to costs as it considers appropriate.

(5) F46 [ Where a registered teacher does not apply to the High Court under subsection (3) for annulment of the decision (other than a decision to advise, admonish or censure under subsection (1)(d) or a decision under subsection (1A) ) ], the Council shall, within 21 days of the expiry of the period for making an application under that subsection, or such further period as the High Court considers just and equitable in the circumstances, apply ex parte to the High Court for confirmation of the decision and, where the Council so applies, the Court, on the hearing of the application shall, unless it sees good reason to the contrary, confirm the decision or may give such other directions to the Council as the Court considers appropriate and may make such order as to costs as it considers appropriate.

(6) The decision of the High Court on an application under this section shall be final save that, by leave of the High Court or the F46 [ Court of Appeal ], an appeal by the Council or the registered teacher, from that decision, shall lie to the F46 [ Court of Appeal ] on a specified question of law.

F47 [ (6A) Where

(a) the decision of the High Court on an application under this section results in a registered teacher being removed from the register or the registration of a teacher being suspended,

(b) the High Court or the Court of Appeal grants leave to a teacher under subsection (6) to appeal a decision of the High Court to the Court of Appeal on a specified question of law,

(c) at the date of the grant of leave the teacher is employed as a teacher in a recognised school, and

(d) that teacher is remunerated in respect of his or her employment out of moneys provided by the Oireachtas,

the High Court or the Court of Appeal, as the case may be, shall at the same time as it grants such leave to appeal direct whether that teacher shall continue to be remunerated pursuant to his or her contract of employment out of moneys provided by the Oireachtas pending the determination of that appeal.

(6B) A direction of the High Court or the Court of Appeal under subsection (6A) that a teacher shall continue to be remunerated shall be subject to such terms and be for such period as the High Court or the Court of Appeal considers appropriate. ]

(7) Following a decision under this section by the High Court or the F46 [ Court of Appeal ], as the case may be, the Council shall, as soon as practicable, by notice in writing inform the teacher, F46 [ the complainant ], the Minister and, where the teacher is employed as a teacher, his or her employer, of the decision.

(8) A person who has been removed from the register under this section may apply to the Council to be registered on the expiration of the period, specified under this section, within which he or she shall not be eligible to apply to be restored to the register, and section 31 shall apply.

Annotations

Amendments:

F46

Substituted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 25(a), (c), (d)(i), (e), (f), (h), S.I. No. 408 of 2016.

F47

Inserted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 25(b), (g), S.I. No. 408 of 2016.

F48

Deleted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 25(d)(ii), S.I. No. 408 of 2016.