Teaching Council Act, 2001

SCHEDULE 3

Section 43

Appointment of Panel under Section 43

1. (1) Where an application for an inquiry into the fitness to teach of a registered teacher has been referred to the Disciplinary Committee under section 42 (9)(a), the Director shall invite members of the Disciplinary Committee to become members of a panel for the purposes of an inquiry under section 43 and shall set out in general terms the issue to be considered.

(2) The date of appointment of a panel shall be the date on which the Director is in receipt of written notices of acceptance of the members of the Disciplinary Committee of their appointment to a panel.

(3) Notwithstanding any vacancies in the membership of the Disciplinary Committee, a panel may be appointed from among its members.

2. The procedures of a panel shall be laid down, from time to time, in rules made by the Council, with the consent of the Minister.

3. The Disciplinary Committee shall appoint the chairperson of a panel from among the members of the panel.

4. (1) The Director shall act as secretary to a panel.

(2) The Council shall make available to a panel such services, including staff, as it may reasonably require.

5. Subject to such rules as may be made under paragraph 2, a panel may, at the request or with the consent of the registered teacher concerned, hold an inquiry under section 43 by an examination of the relevant documents and written submission from the applicant and the registered teacher in place of an oral hearing.

6. (1) A panel shall, for the purpose of an inquiry under this section, have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents,

and a summons signed by the chairperson of the panel or by such other member of the panel as may be authorised by the panel for that purpose may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(2) Where—

(a) a person on being summoned to attend before a panel for the purpose of an inquiry under section 43 fails to attend, or

(b) a person, in attendance as a witness before a panel, refuses to take an oath lawfully required by the panel to be taken, or to produce any document in his or her power or control lawfully required by the panel to be produced by him or her or to answer any question to which the panel may lawfully require an answer, or

(c) a person, in attendance before a panel, does anything which, if the panel were a court of law having power to commit for contempt, would be contempt of court.

such person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) A witness before a panel shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.