Teaching Council (Scotland) Act 1965

6 Establishment of register

(1) It shall be the duty of the Council to establish and keep a register containing the names, addresses and such qualifications and other particulars as may be prescribed, of persons who are entitled under the following provisions of this section to be registered therein and who apply in the prescribed manner to be so registered.

(2) Any person shall be entitled to be registered if—

(a) he is a certificated teacher; or

(b) having fulfilled the requirements prescribed by the Secretary of State under the next following section, he has been duly recommended by the governing body of a college of education to the Council for registration ; or

(c) in the case of a person who is not entitled to be registered under either of the two foregoing paragraphs, his education, training, fitness to teach and experience are such as, in the opinion of the Council, to warrant his registration; or

(d) having been a certificated teacher whose certificate has been withdrawn or suspended, and not restored under any enactment in force before the commencement of this Act, his registration has been directed by the Disciplinary Committee under paragraph (d) of section 10(3) of this Act or, in a case not falling under that paragraph, by the Council:

Provided that the entitlement of any person to be registered by virtue of this subsection shall, in a case referred to the Disciplinary Committee under section 10(2)(b) of this Act, be subject to any direction by that Committee under section 11(2) of this Act.

(3) For avoidance of doubt it is hereby declared that a person shall not be entitled to be registered by virtue of paragraph (c) of the last foregoing subsection if he has been a certificated teacher and his certificate has been withdrawn or suspended, and not restored under any enactment in force before the commencement of this Act.

(4) The Council may make rules with respect to the form and keeping of the register, and the making of entries and alterations therein ; and rules made under this subsection may in particular—

(a) provide for the registration of a person to be provisional until such conditions as may be prescribed in that behalf are satisfied, and for the cancellation of provisional registration in such circumstances as may be prescribed;

(b) provide for the payment of such fees as may be prescribed, with the approval of the Secretary of State, in relation to registration;

(c) provide for the removal of a name from the register on a failure to pay a prescribed fee and for its restoration to the register on the making of the prescribed application in that behalf and on payment of that fee and any additional fee prescribed in respect of the restoration;

(d) provide for the issue of certificates of registration ;

(e) prescribe anything required or authorised by this section to be prescribed;

(f) make such consequential, ancillary and incidental provisions as appear to the Council to be expedient for the purposes of the rules;

and in this section (except in subsection (2)(b) thereof) " prescribed " means prescribed by the Council in rules made under this subsection.

(5) Rules made under the last foregoing subsection prescribing fees may provide for the charging of different fees in different classes of case.

(6) Rules made under subsection (4) of this section shall be published in such manner as the Council may determine and shall be so made as not to come into force before the expiration of one month from the date on which they are so published.