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Amendment of section 44 of Principal Act
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25. Section 44 of the Principal Act is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) Subject to subsection (1A), the panel may, having completed its report under paragraph (b) or paragraph (c) (as the case may be) of subsection (17) of section 43, make a decision—
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(a) that the registered teacher be removed from the register and that he or she is not eligible to apply to be restored to the register under section 31 before the expiration of such period, beginning with the date of removal, as may be specified by the panel in the decision,
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(b) that the registered teacher be suspended from the register for the period specified by the panel which period shall not exceed 2 years,
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(c) that the registered teacher be retained on the register subject to all or any of the following conditions:
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(i) that the teacher seek the assistance of such service relating to teacher health and welfare as may be available;
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(ii) that the teacher attend a specified professional development course, or such other course as the panel considers appropriate;
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(iii) the period within which the teacher shall comply with the conditions of the retention on the register;
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(iv) such other conditions as the panel thinks fit,
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(d) to advise, admonish or censure the registered teacher in writing.”,
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(b) by the insertion of the following new subsection after subsection (1):
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“(1A) If the report referred to in subsection (1) contains the measures included in a consent or undertaking in accordance with section 43(17)(b)(iii), then the panel shall make a decision to confirm those measures.”,
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(c) in subsection (2) —
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(i) by the substitution of “The Disciplinary Committee shall” for “The Director shall”, and
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(ii) in paragraph (a), by the substitution of “the complainant” for “the applicant”,
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(d) in subsection (3) —
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(i) by the substitution of “A registered teacher may, within 21 days of the date of service of a notice under subsection (2), apply to the High Court for annulment of the decision (other than a decision to advise, admonish or censure under subsection (1)(d) or a decision under subsection (1A))” for “A registered teacher may, within 21 days of the date of service of a notice under subsection (2), apply to the High Court for annulment of the decision”, and
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(ii) in paragraph (c), by the deletion of “of the Disciplinary Committee”,
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(e) in subsection (5), by the substitution of “Where a registered teacher does not apply to the High Court under subsection (3) for annulment of the decision (other than a decision to advise, admonish or censure under subsection (1)(d) or a decision under subsection (1A)) ” for “Where a registered teacher does not apply to the High Court under subsection (3) for annulment of the decision”,
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(f) in subsection (6), by the substitution of “Court of Appeal” for “Supreme Court” in each place it occurs,
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(g) by the insertion of the following subsections after subsection (6):
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“(6A) Where—
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(a) the decision of the High Court on an application under this section results in a registered teacher being removed from the register or the registration of a teacher being suspended,
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(b) the High Court or the Court of Appeal grants leave to a teacher under subsection (6) to appeal a decision of the High Court to the Court of Appeal on a specified question of law,
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(c) at the date of the grant of leave the teacher is employed as a teacher in a recognised school, and
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(d) that teacher is remunerated in respect of his or her employment out of moneys provided by the Oireachtas,
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the High Court or the Court of Appeal, as the case may be, shall at the same time as it grants such leave to appeal direct whether that teacher shall continue to be remunerated pursuant to his or her contract of employment out of moneys provided by the Oireachtas pending the determination of that appeal.
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(6B) A direction of the High Court or the Court of Appeal under subsection (6A) that a teacher shall continue to be remunerated shall be subject to such terms and be for such period as the High Court or the Court of Appeal considers appropriate.”,
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and
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(h) in subsection (7) by the substitution of—
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(i) “Court of Appeal” for “Supreme Court”, and
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(ii) “the complainant” for “the applicant”.
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