Teaching Council Act, 2001

Registration.

31.—(1) Subject to subsections (2) and (3), a person may apply to the Council for registration.

(2) A person who before the establishment day—

(a) is employed as a teacher in a recognised school and whose remuneration in respect of that employment is paid out of moneys provided by the Oireachtas, or

(b) where he or she is not so employed, he or she is eligible to be so employed,

shall be deemed to be registered for a period of 12 months from the establishment day.

(3) (a)  A person referred to in subsection (2) shall apply to the Council for registration within the period specified in that subsection and shall, on the making of an application, be registered.

(b) Where a person fails to apply for registration within the specified period, his or her registration shall lapse on the expiration of that period and section 30 shall apply.

(4) The Council may make regulations for the purposes of registration under subsection (3) which shall provide for, but not necessarily be limited to, all or any of the following:

(a) the form and manner in which an application for registration shall be made;

(b) the documentary and other evidence which shall accompany an application for registration.

(5) The Council may make regulations for the purposes of registration under this section of persons, other than those referred to in subsection (2), which shall provide for, but not necessarily be limited to, all or any of the following:

(a) the form and manner in which an application for registration shall be made;

(b) the documentary and other evidence which shall accompany an application for registration;

(c) the conditions for admission to the register which may include, but not necessarily be limited to the following:

(i) qualifications;

(ii) teaching experience;

(iii) medical fitness;

(iv) evidence of character,

(d) removal from the register under section 34 for failure to apply for renewal of registration;

(e) correction of the register under section 36 .

(6) The Council—

(a) may refuse to register a person where—

(i) he or she does not satisfy the requirements for registration prescribed under subsection (5),

(ii) he or she has been removed from the register under Part 5, or

(iii) before the establishment day, in respect of the person, recognition as a teacher in a primary school or registration as a teacher in a post-primary school was withdrawn by the Minister,

or

(b) may register a person subject to conditions, including conditions as to probation, and such conditions shall be complied with within such period as may be specified by the Council.

(7) Where the Council makes a decision, under subsection (6), to refuse to register a person or to register the person subject to conditions, the Council shall, within 21 days of making the decision, inform the person, by notice in writing, of the decision and the reasons for that decision and of the rights of the person under subsection (8).

(8) A person may, within 21 days of the date of service of a notice under subsection (7), apply to the High Court for annulment of the decision concerned and the Court, on hearing the application, may—

(a) confirm the decision of the Council,

(b) annul the decision of the Council and as the Court considers appropriate—

(i) direct the Council to register the person with or without conditions, as the case may be, or

(ii) direct the Council to make a further decision,

(c) vary the decision of the Council, 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.

(9) (a)  When registration has been completed the Council shall issue to the registered teacher a certificate of registration in such form and manner and containing such information as the Council may prescribe.

(b)  A certificate purporting to be issued by the Council under paragraph (a) shall, without proof of the signature of the person purporting to sign the certificate, be evidence, until the contrary is shown, of the matters stated in the certificate.