S.L. 605.5 Art. 6Functions and powers of the Council.

(1) The Council shall have the following functions:

(a) to issue licences in terms of these regulations, to suspend and withdraw licences and set and enforce conditions thereto;

(b) to monitor compliance by Schools, Home Tuition Providers, Distance Learning Providers, English Language Teachers with the provisions of the Act, these regulations, the Schedules, licence, ELT Permit and ESP Permit conditions as applicable, and Council rules as it may determine and publish on the Council’s website from time to time, and to take all such measures it may consider appropriate against any such School, Home Tuition Provider, Distance Learning Provider, English Language Teacher in breach thereof;

(c) to carry out quality assurance procedures, establish and maintain rules, regulations and mechanisms for quality assurance on all aspects of ELT stays and on Distance Learning and to ensure adherence thereto;

(d) to develop and maintain curricula, assessments and examinations for the professional training and qualification of persons eligible to become English language teachers and non-academic support staff, and to monitor compliance thereto;

(e) to develop and maintain a sectoral framework for ELT qualifications referenced to the National Qualifications Framework;

(f) to establish, develop, maintain and own brands, marks of distinction or trust and signs of quality assurance and to promote and regulate their use;

(g) to advise the Minister on the state, operation, needs and prospects of ELT in general and to compile and submit by no later than six weeks after each year in office an annual report thereon and on the policies, functions and plans of the Council;

(h) to prescribe and charge the fees payable to the Council for any service provided by it, or in respect of any matter for which it is considered that a fee should be payable in accordance with Schedule 2;

(i) to determine and levy fine or penalties in cases of non-compliance;

(j) to advise on and promote the proficiency of English and the benefits of ELT nation-wide;

(k) to gather any data necessary for the enhancement of the sector; and

(l) to perform such other functions as the Minister may from time to time prescribe.

(2) Without prejudice to the rights of the Minister in terms of the Act, the Council shall have such powers and authorities given to it by the Minister as may be required for the proper performance by it of any and all of its functions as set out in sub-regulation (1).

(3) Without prejudice to the generality of the foregoing, the powers of the Council shall include the power to issue, suspend and withdraw licences, propose regulations, establish and maintain Council rules and quality assurance standards and, as duly authorised in writing by the Chairperson, the power to enter into any School Premises, School Annexe residence or place for the provision of Home Tuition, location for the provision of Distance Learning, to conduct interviews with any person involved in the management of a School, Home Tuition, or Distance Learning, or with any English Language Teacher, for the purpose of monitoring and enforcing compliance, retrieving information and documents and inspecting and reporting on the teaching process, the physical or technological environment, the observance of the regulations, Schedule 1, Council rules, quality assurance standards, and licence conditions established by virtue of the Act, these regulations and Schedule 1 and to levy administrative fines for non-compliance.