Teaching Council Act 2001

Application by Council to High Court for order suspending registration.

47

47.—(1) Where the Council is satisfied that it is in the public interest, the Council may, in relation to a registered teacher, apply to the High Court for an order that during the period specified in the order his or her registration shall be suspended.

(2) An application under this section may be made in a summary manner and shall be heard otherwise than in public.

(3) The High Court may, on an application being made to it under this section, make such interim or interlocutory order (if any) as it considers appropriate.

F52 [ (3A) Where

(a) the High Court makes an interim or interlocutory order under subsection (3) that the registration of a teacher be suspended,

(b) at the date of making the order the teacher is employed as a teacher in a recognised school, and

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

the High Court shall include in the order a direction as to whether that teacher shall continue to be remunerated pursuant to his or her contract of employment out of moneys provided by the Oireachtas.

(3B) A direction of the High Court under subsection (3A) that a teacher continue to be remunerated shall be subject to such terms and be for such period (not exceeding the period specified in the order for which registration is suspended) as the High Court considers appropriate. ]

(4) Following a decision under this section by the High Court, the Council shall, as soon as practicable, by notice in writing, inform the teacher, the Minister and, where the teacher is employed as a teacher, his or her employer, of the decision.

Annotations

Amendments:

F52

Inserted (25.07.2016) by Teaching Council (Amendment) Act 2015 (31/2015), s. 29, S.I. No. 408 of 2016.