Teaching and Higher Education Bill [H.L.] - continued        House of Commons
PART I, THE TEACHING PROFESSION - continued

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The General Teaching Council for Wales
The General Teaching Council for Wales.     8. - (1) The Secretary of State may by order make provision for the establishment of a body corporate to be known as Cyngor Addysgu Cyffredinol Cymru or the General Teaching Council for Wales to exercise in relation to Wales, as from such date as may be specified in the order, the functions conferred on them by or under this Chapter.
 
      (2) An order under subsection (1) may provide for any provision of section 1 or Schedule 1 to have effect in relation to the General Teaching Council for Wales as it has effect in relation to the Council, subject to such modifications (if any) as are specified in the order.
 
      (3) Where such an order is made after the Council have begun to exercise any function in relation to Wales (in accordance with section 1(3)), the order may include provision-
 
 
    (a) for the transfer of staff; and
 
    (b) for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with that function by the Council.
      (4) So far as any such function relates to registration under section 3, the order shall make provision for persons previously registered or applying for registration under that section in its application in relation to Wales in accordance with section 1(3) to be treated as registered or applying for registration under that section as it applies in relation to Wales in accordance with section 9(1).
 
 
Functions of the General Teaching Council for Wales
Functions of General Teaching Council for Wales: general.     9. - (1) As from the date specified under section 8(1), the following provisions, namely-
 
    sections 2 to 5,
    section 6 together with Schedule 2, and
    section 7,
  shall apply to the General Teaching Council for Wales in relation to Wales as they apply to the Council in relation to England.
 
      (2) The Secretary of State may require the General Teaching Council for Wales to undertake (or join with any other person or body in undertaking) activities designed to promote-
 
 
    (a) recruitment to the teaching profession, or
 
    (b) the continuing professional development of teachers.
      (3) Without prejudice to the generality of subsection (2), such activities may include-
 
 
    (a) giving advice;
 
    (b) organising conferences and lectures; and
 
    (c) arranging for the publication of material in any form.
Further functions of General Teaching Council for Wales in relation to teachers.     10. - (1) This section has effect in relation to regulations made under subsection (2) or (3) of section 218 of the Education Reform Act 1988 (regulations relating to schools, etc.) as they apply to teachers at schools.
 
      (2) The Secretary of State may make provision in such regulations for a determination under those regulations to be made (after their establishment) by the General Teaching Council for Wales.
 
      (3) The Secretary of State may make provision in such regulations-
 
 
    (a) for any determination made under those regulations as they apply in relation to England to be treated, in relation to Wales, as if it were a determination made under those regulations as they apply in relation to Wales, and
 
    (b) for any determination made under those regulations as they apply in relation to Wales to be treated, in relation to England, as if it were a determination made under those regulations as they apply in relation to England.
 
Supplementary
Registration requirement for teachers at schools.     11. In section 218(1) of the Education Reform Act 1988 (regulations relating to schools, etc.), after paragraph (a) there shall be inserted-
 
 
    "(aa) for requiring persons employed as teachers at schools, subject to such exceptions as may be provided for by or under the regulations, to be registered in accordance with section 3 of the Teaching and Higher Education Act 1998 by the General Teaching Council for England or (after their establishment) by the General Teaching Council for Wales;".
Deduction of fees from salaries, etc.     12. - (1) Regulations may, in relation to teachers to whom this section applies, make provision requiring employers of such teachers (subject to such exceptions as may be provided for by or under the regulations)-
 
 
    (a) to deduct (or arrange for the deduction) from the salary of such teachers any fee payable by virtue of section 4(4) in respect of the registration or retention of an entry on the register relating to any such teacher, and
 
    (b) to remit that fee to the relevant Council.
      (2) This section applies to teachers at schools who, on such date or during such period as may be specified in the regulations, are-
 
 
    (a) registered in the register, or
 
    (b) required as a consequence of their employment to be so registered by virtue of section 218(1)(aa) of the Education Reform Act 1988.
      (3) The regulations may make provision with respect to-
 
 
    (a) the arrangements to be adopted by employers of teachers to whom this section applies for the deduction and remittance of fees,
 
    (b) the administration charges which may be deducted from any fees remitted to the relevant Council, and
 
    (c) the notification to the relevant Council by employers of such teachers of such particulars relating to those teachers as the regulations may specify.
      (4) In this section-
 
 
    "employer" includes a local education authority, governing body or other person who engage (or make arrangements for the engagement of) a person to provide his services as a teacher otherwise than under a contract of employment, and "employment" shall be construed accordingly;
 
    "relevant Council" means the Council or (after their establishment) the General Teaching Council for Wales;
 
    "salary" includes any remuneration payable in respect of services as a teacher;
 
    "schools" means such schools as are referred to in section 218(12) of the Education Reform Act 1988.
Consultation about qualified teacher status.     13. In section 218 of the Education Reform Act 1988, after subsection (2A) there shall be inserted-
 
 
    "(2AA) Before making any regulations under subsection (2) or (2A) or making any provision by virtue of regulations made under those subsections as to the standards required of a person who wishes to become a qualified teacher, the Secretary of State shall consult either or both of the following (as appropriate)-
 
 
    (a) the General Teaching Council for England, and
 
    (b) after their establishment, the General Teaching Council for Wales."
Supply of information relating to teachers.     14. - (1) The Secretary of State shall supply the Council or the General Teaching Council for Wales with such information relating to individual teachers as he considers it to be necessary or desirable for them to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.
 
      (2) Each of those Councils shall supply the Secretary of State with such information as he may request for the purpose of-
 
 
    (a) statistical analysis, or
 
    (b) any other function of his relating to teachers.
      (3) The Secretary of State may by regulations require either Council to supply information-
 
 
    (a) to such other person or body, and
 
    (b) for such purposes and subject to such conditions,
  as may be prescribed.
 
      (4) Without prejudice to the generality of subsection (3), once the General Teaching Council for Wales have been established, that Council and the General Teaching Council for England shall each supply the other with such information as it is necessary or desirable for that other Council to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.
 
      (5) This section does not limit the circumstances in which information may be supplied apart from this section.
 
Prohibitions or restrictions on employment of teachers imposed by Secretary of State.     15. - (1) Regulations may make provision requiring employers of persons falling within section 218(6) of the Education Reform Act 1988 to provide all or any of the following, namely-
 
 
    (a) the Secretary of State,
 
    (b) the General Teaching Council for England, and
 
    (c) the General Teaching Council for Wales,
  with prescribed information in respect of cases where such persons are dismissed on the grounds of misconduct or incompetence or resign in circumstances where it is likely that they would have been so dismissed had they not resigned.
 
      (2) In subsection (1) "employer" has the same meaning as in section 12 above.
 
 
The General Teaching Council for Scotland
Duty to have regard to needs of disabled persons.     16. At the end of section 1 of the Teaching Council (Scotland) Act 1965 (establishment of General Teaching Council for Scotland) there shall be inserted the following subsection-
 
 
    "(3) In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995."
 
Representation of special educational needs teachers on General Teaching Council for Scotland.     17. In paragraph 1 of Schedule 1 to the Teaching Council (Scotland) Act 1965 (composition of General Teaching Council for Scotland), after sub-paragraph (8) there shall be inserted the following sub-paragraph-
 
 
    "(9) In nominating members of the Council under sub-paragraph (1)(c) above, the Secretary of State shall have regard to the desirability of the membership of the Council reflecting the interests of persons concerned with the teaching of persons with special educational needs."
 
 
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