Education Bill (HL Bill 98)

(12) Regulations may make provision for this section and for regulations
made under this section to apply, with prescribed modifications, in
relation to Academies or a description of Academy.”

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

(a) 5in subsection (1), after “maintained school” insert “in Wales”;

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

(c) in subsection (4)—

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

(ii) in paragraph (c), omit “the Secretary of State or” and “as the case
10may be,”;

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

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

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

In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention
15outside 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

Section 248 of ASCLA 2009 (co-operation with a view to promoting good
behaviour etc: England) is repealed.

20Part 3 School workforce

Abolition of the General Teaching Council for England

7 Abolition of the General Teaching Council for England

(1) Section 1 of THEA 1998 (the General Teaching Council for England) is
25amended as follows.

(2) For subsection (1), substitute—

“(1) In this Act, “the Council” means the General Teaching Council for
Wales (see section 8).”

(3) For subsection (3), substitute—

“(3) 30The functions conferred on the Council by or under this Chapter are
exercisable by them only in relation to Wales.”

(4) Omit subsection (10).

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

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)—

• “children’s home” has the same meaning as in the Care Standards
  Act 2000;

• “teaching work” means work of a kind specified in regulations
  15under this section (and such regulations may make provision by
  reference to specified activities or by reference to the
  circumstances in which activities are carried out).

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—

• a “prohibition order” means an order prohibiting the person to
  whom it relates from carrying out teaching work;

• “teaching work” has the same meaning as in section 141A(1);

• “relevant offence”, in relation to a person, means—

  (a)

  35in the case of a conviction in England and Wales, a
  criminal offence other than one having no material
  relevance to the person’s fitness to be a teacher, and

  (b)

  in the case of a conviction elsewhere, an offence which,
  if committed in England and Wales, would be within
  40paragraph (a).

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

(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—

• 20“prohibition order” has the same meaning as in section 141B;

• “interim prohibition order” means an order made by virtue of
  paragraph 3 of Schedule 11A.

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—

• “relevant employer” means—

  (a)

  35a local authority;

  (b)

  a person exercising a function relating to the provision
  of education on behalf of a local authority;

  (c)

  the proprietor of a school;

  (d)

  a sixth form college corporation;

  (e)

  40a person who employs a person to teach in a children’s
  home or in relevant youth accommodation;

• “education” includes vocational, social, physical and recreational
  training;

• “children’s home” has the same meaning as in the Care Standards
  45Act 2000;

• “services” includes professional and voluntary services;

Education BillPage 13

• “teacher” means a person within section 141A(1).

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 any functions of the
Secretary of State under section 141B to be excluded or restricted in
such circumstances as may be specified in or determined under the
regulations.

(4) 35The circumstances include, in particular, where the Secretary of State
considers this to be appropriate taking into account the powers of the
Independent Safeguarding Authority under the Safeguarding
Vulnerable Groups Act 2006.

Interim prohibition orders

3 (1) Regulations under paragraph 1 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).

(2) 5Regulations about interim prohibition orders must provide that an
interim prohibition order may be made only if the Secretary of State
considers that it is necessary in the public interest to do so.

(3) Regulations about interim prohibition orders must provide that the
Secretary of State must review an interim prohibition order—

(a) 10within six months of the order being made, and

(b) within each subsequent six month period,

if the person to whom the order relates makes an application to the
Secretary of State for such a review.

Prohibition orders

4 (1) 15Regulations 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
the order under paragraph 5;

(b) about the publication of information relating to the case of a
20person to whom a prohibition order relates;

(c) prescribing circumstances in which a person to whom a
prohibition order relates may nevertheless carry out teaching
work (within the meaning of section 141A).

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

(a) 25as 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) as to the minimum period for which a prohibition order must
be in effect before such an application may be made;

(d) 30as to the procedure relating to such an application.

Appeals against prohibition orders

5 (1) Regulations under paragraph 1 must make provision conferring on
a person to whom a prohibition order relates a right to appeal against
the order to the High Court.

(2) 35The regulations must provide that an appeal must be brought within
28 days of the person being served with notice of the prohibition
order.

(3) No 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
40prohibition order made by virtue of paragraph 3.

Supplementary provisions

6 (1) Regulations under paragraph 1 may make incidental and
supplementary provision, including provision—

(a) where a prohibition order has effect in relation to a person,
5for 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
consequence of the order (which may include dismissing the
person) as may be prescribed;

(c) 10authorising 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) Regulations under paragraph 1 may also make provision—

(a) for the Secretary of State to make a decision in a particular
15case about the effect in England of an order prohibiting a
person from teaching in schools in Wales, Scotland or
Northern Ireland;

(b) about the effect in general in England of orders prohibiting a
person from teaching in schools in Wales, Scotland or
20Northern Ireland.”

9 Requirement for teachers in England to serve induction period

In 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) 25Regulations may make provision for, and in connection with, requiring
persons employed as teachers at relevant schools in England, subject to
such 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) 30a relevant school,

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

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

(ii) is not a special school,

(c) 35in such circumstances as may be prescribed, an independent
school, or

(d) in 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) 40Regulations under this section may, in particular, make provision—

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

(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
one induction period;

(d) precluding a relevant school, in such circumstances as may be
5prescribed, from being one at which an induction period may be
served;

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

(f) authorising the Secretary of State to determine the standards
10against which a person is to be assessed for the purpose of
deciding whether the person has satisfactorily completed an
induction period;

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

(i) has achieved those standards and has accordingly
15satisfactorily 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
body, or

(iii) has failed satisfactorily to complete his or her induction
20period;

(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
25of 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) 30that 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) 35authorising 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) 40authorising 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
45function 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
50approval 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) impose conditions or limitations on the appropriate body’s
5power to give or withhold approval.

(4) In this section—

• “the appropriate body” means such person or body (including a
  local authority) as may be prescribed by, or determined by the
  Secretary of State in accordance with, regulations under this
  10section (and such regulations may provide for an appropriate
  body which is not a local authority to include a representative
  of such an authority);

• “relevant school” means a school maintained by a local authority
  or a special school not so maintained.

(5) 15In 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;

(b) a reference to the head teacher of a school is to be read as a
20reference to the principal of the institution.

135B Induction periods: appeals

(1) Regulations under section 135A must include provision conferring on
a 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) 25A 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
the regulations of, such matters relating to appeals as the Secretary of
State considers necessary or expedient.

135C 30Induction 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
(appraisal of teachers’ performance) and regulations under that section
do not apply to the person.

(2) 35Where, 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) continues to be employed at the school, but

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

40any 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
deducting those costs, or any part of those costs, from that share.

Nothing in this subsection applies to a maintained school at any time
45when 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
having 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
5same meaning as in that Part.

(4) Sections 496 and 497 of the Education Act 1996 (default powers of
Secretary 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) 10the governing body of a special school that is not maintained by
a local authority;

(b) the 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) 15the appropriate body (within the meaning of section 135A).”

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) 20A 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
25specified 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
30with 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
35with 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
40virtue 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) 45in 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) in the words following paragraph (b), for “become so eligible”
5there 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
teaching work within the meaning of section 141A of the
10Education 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
after the commencement date by virtue of subsection (3) or (4)—

(a) 15any regulations under Schedule 2 to THEA 1998 that make provision
about the variation or revocation of disciplinary orders continue to
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) 20regulations under paragraph 6 of Schedule 2 to THEA 1998 (appeals
against 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
25of EA 2002 (list of persons prohibited from teaching etc) any person in relation
to 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
30investigation and make a decision under section 141B of EA 2002.

(12) In this section—

• “the commencement date” means the date on which section 7 (abolition of
  the General Teaching Council for England) comes into force;

• “disciplinary order”, “conditional registration order” and “suspension
  35order” have the same meanings as in Schedule 2 to THEA 1998 (see
  paragraph 2(3)).

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
407 to 10 to any provision of subordinate legislation made before the date on
which this Act is passed.

(3) “Subordinate legislation” has the meaning given by section 21(1) of the
Interpretation Act 1978.