EDUCATION 1 1 These Rules may be cited as the Teaching Council (Scotland) (Legal Assessor) Rules 2006 and shall come into force on 22nd September 2006. 2 In these Rules— “ the Act ” means the Teaching Council (Scotland) Act 1965; “ the Council ” means the General Teaching Council for Scotland established under section 1(1) of the Act; “legal assessor” means an assessor appointed under section 12(7) of or paragraph 3(1) of Schedule 2 to the Act; “party” includes a person representing a party; “the Sub-committee ” means the Disciplinary Sub-committee set up under section 10 of the Act. Functions of legal assessor 2 1 In any proceedings before— a the Council in any review under section 12(1A) of the Act; or b the Sub-Committee, the legal assessor shall advise the Council or Sub-Committee, as the case may be, on any questions of law arising in those proceedings in accordance with the following provisions of this rule. 2 The legal assessor shall during any such proceedings give the Council or Sub-committee such advice as is necessary to enable the proceedings to be conducted in accordance with rules made by the Council under section 12(5) of and paragraph 2 of Schedule 2 to the Act. 3 Where in any such proceedings the stage is reached when the Council or Sub-Committee proposes to retire to consider its decision in private, the legal assessor shall, immediately before the Council or Sub-Committee, as the case may be, retires, advise it on all questions of law to which it should have regard in its deliberations. 4 The legal assessor may give the advice mentioned in paragraphs (2) and (3) at any time when in the course of proceedings the Council or the Sub-committee, as the case may be, is considering any matter or question in private. 5 Any advice given by the legal assessor to the Council or the Sub-committee under this rule shall— a be given in the presence of and in such manner as to be audible to all parties to the proceedings; b subject to paragraph (6), if given while the Council or the Sub-committee, as the case may be, is deliberating in private, be intimated to the parties as soon as reasonably practicable and before any decision is pronounced. 6 If the legal assessor considers that it is necessary for any advice given by him to the Council or Sub-committee in private to be intimated to the parties immediately, the parties shall be recalled forthwith and the advice intimated to them. 7 Every party shall be given the opportunity to comment on any advice given to the Council or the Sub-committee by the legal assessor under this rule. 8 The legal assessor may, following any comments made under paragraph (7) give such further advice to the Council or Sub-committee as he considers necessary. 9 If the Council or the Sub-committee does not accept any advice given by the legal assessor under this rule, a statement to that effect together with its reasons for not accepting it, shall be made on behalf of the Council or the Sub-committee, as the case may be, either during the proceedings or when it gives its decision, if that is given later. 3 The Teaching Council (Scotland) (Disciplinary Committee Assessor) Rules 1981 are revoked. A C HAMILTON Lord President Edinburgh, 2nd September 2006