Responsibilities of the Council

The Act, as amended to take account of later legislation, requires the Council in the exercise of its functions:

1. to have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995; and
2. to have regard to the interests of the public.

Through its committees, the Council is responsible for ensuring that only fit and proper people are employed as teachers in publicly funded schools in Scotland. 

It therefore has the responsibility to investigate all cases of alleged misconduct, criminal convictions or incompetence and to act appropriately on the findings of these investigations.

The Act makes it compulsory for the employer of a registered teacher to notify the Council immediately when the teacher:

1. is dismissed on grounds of misconduct or incompetence;
2. resigns or abandons her/his position in circumstances where otherwise:
   
   
   • (s)he would have been dismissed on grounds of misconduct or incompetence; or
   • her/his dismissal would have been considered on grounds of misconduct or incompetence; or
     
3. resigns or abandons her/his position, after being informed by the employer that a disciplinary hearing is to be held by the employer in respect of the teacher's alleged incompetence.

In such cases the employer must also provide the Council with an account of the circumstances which led to the dismissal or which were present when the resignation or abandonment took place.

Back to the Draft Code of Professionalism and Conduct.