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Education BillPage 10

(3) In section 52 (exclusion of pupils)—

(a) in subsection (1), after “maintained school” insert “in Wales”;

(b) in subsection (2), after “pupil referral unit” insert “in Wales”;

(c) in subsection (4)—

(i) 5in paragraph (b), omit from first “(in” to “Wales)”;

(ii) in paragraph (c), omit “the Secretary of State or” and “as the case

may be,”;

(d) in the heading, at the end insert “: Wales”.

(4) Schedule 1 (consequential amendments) has effect.

5 10Repeal of requirement to give notice of detention to parent: England

In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention

outside school sessions), in subsection (3)(d), after “that” insert “, in relation to

a pupil at a school in Wales,”.

6 Repeal of duty to enter into behaviour and attendance partnership

15Section 248 of ASCLA 2009 (co-operation with a view to promoting good

behaviour etc: England) is repealed.

Part 3 School workforce

Abolition of the General Teaching Council for England

7 20Abolition of the General Teaching Council for England

(1) Section 1 of THEA 1998 (the General Teaching Council for England) is

amended as follows.

(2) For subsection (1), substitute—

(1) In this Act, “the Council” means the General Teaching Council for

25Wales (see section 8).

(3) For subsection (3), substitute—

(3) The functions conferred on the Council by or under this Chapter are

exercisable by them only in relation to Wales.

(4) Omit subsection (10).

(5) 30For the heading, substitute “Aims and constitution of the Council”.

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8 Functions of Secretary of State in relation to teachers

(1) In Part 8 of EA 2002 (teachers), after section 141 insert—

Teacher misconduct etc: England
141A Teachers to whom sections 141B to 141E apply

(1) 5Section 141B to 141E apply to a person who is employed or engaged to

carry out teaching work at—

(a) a school in England,

(b) a sixth form college in England,

(c) relevant youth accommodation in England, or

(d) 10a children’s home in England.

(2) In subsection (1)—

141B Investigation of disciplinary cases by Secretary of State

(1) The Secretary of State may investigate a case where an allegation is

20referred to the Secretary of State that a person to whom this section

applies—

(a) may be guilty of unacceptable professional conduct or conduct

that may bring the teaching profession into disrepute, or

(b) has been convicted (at any time) of a relevant offence.

(2) 25Where the Secretary of State finds on an investigation of a case under

subsection (1) that there is a case to answer, the Secretary of State must

decide whether to make a prohibition order in respect of the person.

(3) Schedule 11A (regulations about decisions under subsection (2)) has

effect.

(4) 30In this section—

141C List of persons prohibited from teaching etc

(1) The Secretary of State must keep a list containing—

(a) the names of persons in relation to whom a prohibition order

has effect, and

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(b) the names of persons who have begun, but have failed

satisfactorily to complete, an induction period under section

135A in such circumstances as may be prescribed.

(2) The Secretary of State may include on the list the name of any person

5who has been prohibited from teaching in Wales, Scotland or Northern

Ireland that the Secretary of State thinks appropriate to include on the

list.

(3) The Secretary of State must secure that, where the name of a person is

included on the list because an interim prohibition order has effect in

10respect of the person, there is an indication on the list to that effect.

(4) The Secretary of State must secure that, where the name of a person is

included on the list because the person has failed satisfactorily to

complete an induction period under section 135A, there is an indication

on the list to that effect.

(5) 15The list may contain such other information in relation to the persons

whose names are included on it as the Secretary of State considers

appropriate.

(6) The list must be available for inspection by members of the public.

(7) In this section—

141D Supply of information following dismissal, resignation etc

(1) This section applies where a relevant employer has ceased to use the

25services of a teacher because the teacher has been guilty of serious

misconduct.

(2) This section also applies where a relevant employer might have ceased

to use the services of a teacher as mentioned in subsection (1) had the

teacher not ceased to provide those services.

(3) 30The employer must consider whether it would be appropriate to

provide prescribed information about the teacher to the Secretary of

State.

(4) In this section—

141E Supply of information by contractor, agency etc

(1) This section applies where arrangements have been made by a person

(the “agent”) for a teacher to carry out work at the request of or with the

5consent of a relevant employer (whether or not under a contract) and

the agent has terminated the arrangements because the teacher has

been guilty of serious misconduct.

(2) This section also applies where the agent—

(a) might have terminated the arrangements as mentioned in

10subsection (1) had the teacher not terminated them, or

(b) might have refrained from making new arrangements because

of the teacher’s serious misconduct had the teacher not ceased

to be available for work.

(3) The agent must consider whether it would be appropriate to provide

15prescribed information about the teacher to the Secretary of State.

(4) In this section “relevant employer” and “teacher” have the same

meaning as in section 141D.

(2) In EA 2002, after Schedule 11, insert—

Section 141B

Schedule 11A Regulations about decisions under section 141B
20Regulations: general

1 The Secretary of State must make regulations in accordance with the

following provisions of this Schedule.

Procedure for decisions under section 141B(2)

2 (1) Regulations under paragraph 1 must make provision about the

25procedure to be followed by the Secretary of State in reaching a

decision under section 141B(2).

(2) The regulations must not require a person to give evidence or

produce any document or other material evidence which the person

could not be compelled to give or produce in civil proceedings in any

30court in England and Wales.

(3) The regulations may make provision for the Secretary of State to

make an interim prohibition order, pending the Secretary of State’s

final decision under section 141B(2).

(4) The regulations may make provision for any functions of the

35Secretary of State under section 141B to be excluded or restricted in

such circumstances as may be specified in or determined under the

regulations.

(5) The circumstances include, in particular, where the Secretary of State

considers this to be appropriate taking into account the powers of the

40Independent Safeguarding Authority under the Safeguarding

Vulnerable Groups Act 2006.

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Prohibition orders

3 (1) Regulations under paragraph 1 may make provision—

(a) about the service on a person to whom a prohibition order

relates of notice of the order and of the right to appeal against

5the order under paragraph 4;

(b) about the publication of information relating to the case of a

person to whom a prohibition order relates;

(c) prescribing circumstances in which a person to whom a

prohibition order relates may nevertheless carry out teaching

10work (within the meaning of section 141A).

(2) Regulations under paragraph 1 may also make provision—

(a) as to the time when a prohibition order takes effect;

(b) allowing a person to whom a prohibition order relates to

apply to the Secretary of State for the order to be set aside;

(c) 15as to the minimum period for which a prohibition order must

be in effect before such an application may be made;

(d) as to the procedure relating to such an application.

Appeals against prohibition orders

4 (1) Regulations under paragraph 1 must make provision conferring on

20a person to whom a prohibition order relates a right to appeal against

the order to the High Court.

(2) The regulations must provide that an appeal must be brought within

28 days of the person being served with notice of the prohibition

order.

(3) 25No appeal is to lie from any decision of the Court on such an appeal.

(4) In this paragraph, “prohibition order” does not include an interim

prohibition order made by virtue of paragraph 2(3).

Supplementary provisions

5 (1) Regulations under paragraph 1 may make incidental and

30supplementary provision, including provision—

(a) where a prohibition order has effect in relation to a person,

for the Secretary of State to serve notice of the order on the

person’s employer;

(b) requiring the employer of such a person to take such steps in

35consequence of the order (which may include dismissing the

person) as may be prescribed;

(c) authorising the delegation of functions conferred by virtue of

this Schedule and the determination of matters by any person

or persons specified in the regulations.

(2) 40Regulations under paragraph 1 may also make provision—

(a) for the Secretary of State to make a decision in a particular

case about the effect in England of an order prohibiting a

person from teaching in schools in Wales, Scotland or

Northern Ireland;

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(b) about the effect in general in England of orders prohibiting a

person from teaching in schools in Wales, Scotland or

Northern Ireland.

9 Requirement for teachers in England to serve induction period

5In Part 8 of EA 2002 (teachers), after section 135 insert—

Induction periods: teachers in England
135A Requirement to serve induction period: teachers in England

(1) Regulations may make provision for, and in connection with, requiring

persons employed as teachers at relevant schools in England, subject to

10such exceptions as may be provided by or under the regulations, to

have satisfactorily completed an induction period of not less than three

school terms in—

(a) a relevant school,

(b) in such circumstances as may be prescribed, a nursery school

15that—

(i) is not maintained by a local authority, and

(ii) is not a special school,

(c) in such circumstances as may be prescribed, an independent

school, or

(d) 20in such circumstances as may be prescribed, an institution

within the further education sector (or an institution within the

further education sector of a prescribed description).

(2) Regulations under this section may, in particular, make provision—

(a) as to the length of the induction period in any prescribed

25circumstances;

(b) as to periods of employment which are to count towards the

induction period;

(c) as to the number of induction periods that a person may serve,

and the circumstances in which a person may serve more than

30one induction period;

(d) precluding a relevant school, in such circumstances as may be

prescribed, from being one at which an induction period may be

served;

(e) as to supervision and training during a person’s induction

35period;

(f) authorising the Secretary of State to determine the standards

against which a person is to be assessed for the purpose of

deciding whether the person has satisfactorily completed an

induction period;

(g) 40requiring the appropriate body to decide whether a person—

(i) has achieved those standards and has accordingly

satisfactorily completed his or her induction period, or

(ii) should have his or her induction period extended by

such period as may be determined by the appropriate

45body, or

(iii) has failed satisfactorily to complete his or her induction

period;

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(h) requiring the head teacher of a school to make a

recommendation to the appropriate body as to whether a

person has achieved the standards mentioned in paragraph (f);

(i) requiring the appropriate body to inform the Secretary of State

5of any decision under paragraph (g);

(j) requiring the employer of a person employed as a teacher at a

relevant school to secure—

(i) the termination of that person’s employment as a

teacher, or

(ii) 10that the person only undertakes such teaching duties as

may be determined in accordance with the regulations,

in such circumstances following a decision that the person has

failed satisfactorily to complete his or her induction period as

may be prescribed;

(k) 15authorising or requiring the appropriate body to exercise such

other functions as may be prescribed (which may include

functions with respect to the provision of assistance to schools

or to institutions within the further education sector or of

training for teachers);

(l) 20authorising the appropriate body in such circumstances as may

be prescribed to make such reasonable charges in connection

with the exercise of its functions under the regulations as it may

determine;

(m) requiring any person or body exercising any prescribed

25function under the regulations to have regard to any guidance

given from time to time by the Secretary of State as to the

exercise of that function.

(3) Regulations under subsection (1)(d) may, in particular—

(a) provide that an induction period may not be begun without

30approval of the appropriate body for the serving of that

induction period;

(b) provide for approval to be general or specific;

(c) make provision (including transitional provision) about the

withdrawal of approval;

(d) 35impose conditions or limitations on the appropriate body’s

power to give or withhold approval.

(4) In this section—

(5) In the application of this section to an institution within the further

education sector—

(a) a reference to a school term is to be read as a reference to a term

of the institution;

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(b) a reference to the head teacher of a school is to be read as a

reference to the principal of the institution.

135B Induction periods: appeals

(1) Regulations under section 135A must include provision conferring on

5a person aggrieved by a decision under subsection (2)(g) of that section

a right to appeal against the decision to the Secretary of State.

(2) A decision on an appeal made by virtue of subsection (1) is to be final.

(3) Regulations under section 135A made in pursuance of subsection (1)

may make provision for, or for the determination in accordance with

10the regulations of, such matters relating to appeals as the Secretary of

State considers necessary or expedient.

135C Induction periods: supplementary

(1) During the induction period which a person is required to serve by

virtue of regulations under section 135A, the provisions of section 131

15(appraisal of teachers’ performance) and regulations under that section

do not apply to the person.

(2) Where, in accordance with a requirement imposed by virtue of

subsection (2)(j)(ii) of section 135A, a teacher employed at a school

maintained by a local authority—

(a) 20continues to be employed at the school, but

(b) is not undertaking his or her normal teaching duties there,

any costs incurred by the local authority in respect of the teacher’s

emoluments are not to be met from the school’s budget share for any

funding period except in so far as the authority have good reason for

25deducting those costs, or any part of those costs, from that share.

Nothing in this subsection applies to a maintained school at any time

when the school does not have a delegated budget.

(3) In subsection (2)—

(a) the references to a school’s budget share and to a school not

30having a delegated budget have the same meaning as in Part 2

of the School Standards and Framework Act 1998;

(b) “funding period”, in relation to a school’s budget share, has the

same meaning as in that Part.

(4) Sections 496 and 497 of the Education Act 1996 (default powers of

35Secretary of State) have effect in relation to the duties imposed and

powers conferred by virtue of section 135A as if the bodies to which

those sections apply included—

(a) the governing body of a special school that is not maintained by

a local authority;

(b) 40the governing body (within the meaning given by section 90(1)

of the Further and Higher Education Act 1992) of an institution

within the further education sector;

(c) the appropriate body (within the meaning of section 135A).

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10 Abolition of the GTCE: transitional provision

(1) Subsections (2) to (9) apply to a disciplinary order made by the General

Teaching Council for England (“the Council”) by virtue of Schedule 2 to THEA

1998 that is in force immediately before the commencement date.

(2) 5A prohibition order is to be treated, after the commencement date, as if it were

a prohibition order made by the Secretary of State under section 141B of EA

2002.

(3) A conditional registration order is to continue in force for the period during

which any condition specified in the order has effect, or, if any condition

10specified in the order has effect without limit of time, until such time as the

order is revoked.

(4) A suspension order is to continue in force until the later of—

(a) the end of the suspension period specified in the order, and

(b) the date on which the person to whom the order relates has complied

15with any condition specified in the order by virtue of paragraph 4(2) of

Schedule 2 to THEA 1998.

(5) Where a conditional registration order remains in force after the

commencement date by virtue of subsection (3), sub-paragraphs (1) to (3) of

paragraph 3 of Schedule 2 to THEA 1998 continue to apply to the order, but

20with the modification specified in subsection (6).

(6) Sub-paragraph (1) of paragraph 3 is modified so that for the words “eligible for

registration under section 3” there is substituted “allowed to carry out teaching

work within the meaning of section 141A of the Education Act 2002”.

(7) Where a suspension order remains in force after the commencement date by

25virtue of subsection (4), sub-paragraphs (1) to (3) of paragraph 4 of Schedule 2

to THEA 1998 continue to apply to the order, but with the modifications

specified in subsection (8).

(8) Sub-paragraphs (1) and (2) of paragraph 4 are modified as follows—

(a) in sub-paragraph (1)—

(i) 30in paragraph (a), for the words “eligible for registration under

section 3” there is substituted “allowed to carry out teaching

work within the meaning of section 141A of the Education Act

2002”;

(ii) paragraph (b) (and the “and” preceding it) is omitted;

(iii) 35in the words following paragraph (b), for “become so eligible”

there is substituted “be allowed to carry out such work”;

(b) in sub-paragraph (2)—

(i) in paragraph (a), for “become eligible again for registration

under section 3” there is substituted “be allowed to carry out

40teaching work within the meaning of section 141A of the

Education Act 2002”;

(ii) in paragraph (b), for “become so eligible” there is substituted

“be allowed to carry out such work”.

(9) Where a conditional registration order or a suspension order remains in force

45after the commencement date by virtue of subsection (3) or (4)

(a) any regulations under Schedule 2 to THEA 1998 that make provision

about the variation or revocation of disciplinary orders continue to

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apply in relation to the order, but those regulations have effect as if

functions conferred on the Council (or a committee of the Council) by

the regulations had been transferred to the Secretary of State;

(b) regulations under paragraph 6 of Schedule 2 to THEA 1998 (appeals

5against disciplinary orders to High Court) continue to apply;

(c) the Secretary of State may consider an application to vary or revoke the

order.

(10) The Secretary of State may include on the list maintained under section 141C

of EA 2002 (list of persons prohibited from teaching etc) any person in relation

10to whom a conditional registration order or a suspension order is in force.

(11) Where immediately before the commencement date a teacher in England was

the subject of an investigation by the Council (or a committee of the Council)

by virtue of Schedule 2 to THEA 1998, the Secretary of State may continue the

investigation and make a decision under section 141B of EA 2002.

(12) 15In this section—

11 Abolition of the GTCE: consequential amendments

(1) Schedule 2 (consequential amendments) has effect.

(2) The Secretary of State may by order make changes in consequence of sections

7 to 10 to any provision of subordinate legislation made before the date on

25which this Act is passed.

(3) “Subordinate legislation” has the meaning given by section 21(1) of the

Interpretation Act 1978.

12 Abolition of the GTCE: transfer schemes

Schedule 3 (schemes for the transfer of staff, property, rights and liabilities

30from the General Teaching Council for England to the Secretary of State) has

effect.

Reporting restrictions

13 Restrictions on reporting alleged offences by teachers

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