Teaching Council [Registration] Regulations 2009.

• Published date: 09 September 2011
• Statutory Instrument No.: 595/2009

THE TEACHING COUNCIL (REGISTRATION) REGULATIONS IN ACCORDANCE WITH SECTION 31 OF PART 3 OF THE TEACHING COUNCIL ACTS, 2001 TO 2006 (“THE ACT”)

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th September, 2011.

The Teaching Council in exercise of the powers conferred on it by Section 31 of the Teaching Council Acts, 2001 to 2006, hereby makes the following regulations:

Citation

1.These Regulations may be cited as the TEACHING COUNCIL [REGISTRATION] REGULATIONS 2009.

Interpretation

2.These Regulations shall be interpreted in accordance with the Teaching Council Acts, 2001 to 2006.

REGULATION ONE

1.The information to be entered in the register shall include (but shall not be restricted to) the following:

(a) Name and address for correspondence;

(b) Date of birth;

(c) Personal Public Service Number (PPSN);

(d) Qualifications recognised for teaching purposes including recognised specialist qualifications;

(e) Additional qualifications not recognised for teaching purposes;

(f) Whether registration has been granted under one or more of the following regulations:

Regulation 2 (Primary), Regulation 3 (Montessori and Other Categories),

Regulation 4 (Post-primary), Regulation 5 (Further Education);

(g) Sub-section of section 31 of the Act under which a person is registered;

(h) Any conditions, including conditions as to probation, imposed under section 31(6)(b) of the Act;

(i) Registration number;

(j) Curricular subject where the teacher complied with the requirements of Regulation 4 under part 1 a) (ii), 1 c) (ii), or 2 (ii);

(k) Area of study where the teacher satisfied the requirements of Regulation 5;

(l) Registration Status (Full or Conditional);

(m) Date of registration;

(n) Name and address of employer where applicable;

(o) Current employment details including posts of responsibility held where applicable;

(p) The nomination/voting category as per the regulations made pursuant to section 10 of the Act;

(q) Any adverse findings consequent to disciplinary proceedings in accordance with Part 5 of the Act and the period for which such information shall remain on the register;

(r) Any sanctions imposed under the disciplinary procedures of a designated competent authority in another State;

(s) Whether registration was granted under EU legislation (in accordance with S.I. No. 191 of 2008 and European Council Directive 2005/36/EC).

2. From time to time, the Council may approve further information to be entered on the Register.

3. The following information from the Register of Teachers shall be made available for public inspection:

(a) at the offices of the Teaching Council, by appointment:

(i) Name;

(ii) Registration Number;

(iii) Qualifications;

(iv) Regulation(s) under which the teacher is registered;

(v) Name of school where applicable;

(vi) Such other information as the Council may decide to publish and which is in compliance with data protection legislation.

(b) published on the website of the Teaching Council:

(i) Name;

(ii) Registration Number;

(iii) Regulation(s) under which the teacher is registered;

(iv) Name of school where applicable;

(v) Such other information as the Council may decide to publish and which is in compliance with data protection legislation.

4. The Council reserves the right to publish sanctions where it deems it appropriate to do so.

5. An application for entry onto the Register of Teachers shall be made in accordance with the Act and these regulations.

6. An application for registration shall be made in a form approved by the Council and shall be accompanied by a fee of such amount as shall be prescribed from time to time by the Council.

7. Subject to the provisions of the Act, a teacher who has been removed from the register may apply to the Council for registration and shall be subject to the provisions of these Regulations.

8.(a) For the purpose of character evidence under section 31(5)(c)(iv) of the Act applicants for registration shall be required to:

(i) submit an application to the Teaching Council for vetting by the Garda Central Vetting Unit or furnish a Police Clearance Certificate, orequivalent, if resident outside of Ireland; and

(ii) submit a declaration of any criminal convictions recorded against them; and

(iii) submit a declaration (including documentation) of any disciplinary process completed and findings issued by any other professional body, regulatory body or employer in the State or elsewhere (including the equivalent of the Teaching Council in any other jurisdiction) of which they have been the subject which resulted in suspension or dismissal; and

(iv) submit a declaration of any pending proceedings in relation to a charge of a criminal offence or disciplinary matter referred to at (ii) and/or (iii) of which they are to be the subject; and

(v) submit satisfactory character or employment reference(s).

(b) As part of the requirements for renewal of registration by a registered teacher, the Council may seek information regarding:

(i) any criminal convictions recorded against them since being registered or last renewing their registration with the Teaching Council;

(ii) any disciplinary process completed and findings issued by any other professional body, regulatory body or employer in the State or elsewhere (including the equivalent of the Teaching Council in any other jurisdiction) of which they have been the subject which resulted in suspension or dismissal.

(c) The relevance of a disciplinary finding which resulted in suspension or dismissal, or a criminal conviction, declared or revealed, as provided for in 8 a)(i), (ii), (iii) or (iv) or 8 b)(i) or (ii) above shall be considered by the Teaching Council.

9. The Council may seek a declaration or evidence of an applicant’s medical fitness as part of the registration process. The Council may also seek a declaration regarding medical fitness on renewal of registration.

10. The Council may publish a schedule of qualifications which are approved for the purposes of registration under regulations 2, 3, 4 and 5 from time to time.

11. The Council reserves the right to register applicants, subject to conditions in accordance with section 31(6)(b) of the Act. If shortfalls are identified in an applicant’s qualifications or in the absence of teaching experience, the Council may also grant conditional registration and the conditions imposed must be consistent with the Act.

12. An applicant accepted for registration shall receive a certificate of registration in the form set out below. In the case of loss or damage to a certificate, registered teachers who wish to have evidence of their registration may apply to the Council for a duplicate on payment of the prescribed fee.

Applicants registered in accordance with section 31(3) or section 31(5) of the Act shall be issued with a certificate of registration which may include the following:

(a) The name and registration number of the registered teacher;

(b) A statement confirming that the teacher has been admitted to the Register of Teachers by the Council as a teacher in accordance with section 31 of the Act;

(c) The subsection(s) of section 31 under which the teacher has been registered;

(d) A statement confirming that the teacher is in possession of the recognised professional qualifications, where so applicable;

(e) The category of recognised school for which the teacher’s professional qualifications are relevant, where so applicable;

(f) The date of registration;

(g) The signature of the person authorised on behalf of the Council to authenticate the registration certificate;

(h) A statement confirming that the certificate is issued under section 31(9) of the Teaching Council Acts, 2001 to 2006 and that under section 7 (2)(o) of the Teaching Council Act, 2001 , and under Statutory Instrument No. 139 of 2008, the Teaching Council acts as the designated authority for the recognition of professional qualifications in Ireland (European Council Directive No. 2005/36/ EC) and as the competent authority for the recognition of qualifications obtained in a state other than a Member State of the European Communities;

(i)The full title and address of the Council.

13. On satisfying the conditions of Regulation 1 and 2 and/or 3 and/or 4 and/or 5, an applicant may be entered on the Register and the date of registration may be stated in the Register as either the date when the registration is affected or, where the Council thinks appropriate, an earlier date. This date may not be earlier than the first date onwhich the applicant has satisfied the conditions as provided by Regulation 1 and 2 and/or 3 and/or 4 and/or 5, or the date on which the applicant made application, whichever is the later.

14. Additional qualifications may, on application, be entered on the Register. The Council shall from time to time correct errors in the Register and shall enter in the Register every change which comes to its knowledge in respect of information entered in the Register. Where appropriate, a new certificate of registration may be issued on submission of the original certificate.

15. All applications for registration should be completed on the forms referred to in these regulations. Such application forms are available on the website of the Teaching Council. Communications on the subject of these regulations shall be addressed in writing to the Registration Officer of the Teaching Council, at the corporate address of the Council.

16. An application for registration shall not be valid unless the applicant meets the Council’s fee payment requirements as set out in the relevant application form.

17. The Council will, from time to time, publish the fee to be charged for initial admission to the register, readmission to the register, replacement of a certificate of registration, the fee for...