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(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behaviour etc: England) is repealed.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

(1) In Part 8 of EA 2002 (teachers), after section 141E (inserted by section 8),

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