79 Interpretation of Act

In this Act—

• “FHEA 1992” means the Further and Higher Education Act 1992;

• “EA 1994” means the Education Act 1994;

• 5“EA 1996” means the Education Act 1996;

• “EA 1997” means the Education Act 1997;

• “THEA 1998” means the Teaching and Higher Education Act 1998;

• “SSFA 1998” means the School Standards and Framework Act 1998;

• “LSA 2000” means the Learning and Skills Act 2000;

• 10“EA 2002” means the Education Act 2002;

• “HEA 2004” means the Higher Education Act 2004;

• “EA 2005” means the Education Act 2005;

• “EIA 2006” means the Education and Inspections Act 2006;

• “ESA 2008” means the Education and Skills Act 2008;

• 15“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning
  Act 2009;

• “CSFA 2010” means the Children, Schools and Families Act 2010;

• “AA 2010” means the Academies Act 2010.

80 Financial provision

20There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

81 Extent

(1) This Act extends to England and Wales only, subject to subsections (2) and (3).

(2) 25This Part extends to the whole of the United Kingdom.

(3) An amendment or repeal made by this Act has the same extent as the provision
to which it relates.

82 Commencement

(1) The following provisions come into force on the day on which this Act is
30passed—

(a) section 33;

(b) section 40(1) to (3) and (5) to (9);

(c) section 41;

(d) section 42(1) to (7) and (9) to (11);

(e) 35section 58;

(f) section 75;

(g) sections 76 and 77;

(h) this Part.

(2) The following provisions come into force at the end of two months beginning
40with the day on which this Act is passed—

(a) section 6;

(b) sections 30 and 31;

(c) section 47;

(d) section 48;

(e) section 61.

(3) The other provisions of this Act come into force on such day as the Secretary of
5State may by order appoint.

(4) The Secretary of State must exercise the power conferred by subsection (3) so
as to secure that, subject to any provision made by virtue of subsection (7),
sections 69 and 70 and Schedule 18 are in force no later than the day after the
day which is the school leaving date for 2013.

(5) 10Before making an order bringing section 13 into force, the Secretary of State
must consult the Welsh Ministers.

(6) Before making an order bringing sections 14 to 17 into force, the Secretary of
State must obtain the consent of the Welsh Ministers.

(7) An order under this section may—

(a) 15appoint different days for different purposes (including different
areas);

(b) contain transitional, transitory or saving provision in connection with
the coming into force of this Act.

83 Short title

(1) 20This Act may be cited as the Education Act 2011.

(2) This Act is to be included in the list of Education Acts set out in section 578 of
EA 1996.

SCHEDULES

Section 4

SCHEDULE 1 Review of exclusions from schools in England: consequential amendments

Local Government Act 1972 (c.70)1972 (c.70)

1 5In section 177 of the Local Government Act 1972 (provisions supplementary
to provisions on allowances), in subsection (1A)—

(a) before paragraph (c) insert—

“(ba) regulations made by virtue of section 51A(8) of the
Education Act 2002 (allowances for exclusion review
10panels: England);”;

(b) in paragraph (c), for the words from “the Education Act” to the end
substitute “that Act (allowances for exclusion appeal panels: Wales);
and”.

Local Government Act 1974 (c.7)1974 (c.7)

2 15In section 25 of the Local Government Act 1974 (authorities subject to
investigation), in subsection (5)(e)—

(a) for “appeal” substitute “review”;

(b) for “section 52” substitute “section 51A”.

3 In section 31A of that Act (consideration of adverse reports), in subsection
20(3)(c), for “exclusion appeal panel” substitute “exclusion review panel”.

Tribunals and Inquiries Act 1992 (c.53)1992 (c.53)

4 In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals
under direct supervision of the Council), in paragraph 15 (education), after
sub-paragraph (a), insert—

“(aa) 25exclusion review panels constituted in accordance with
regulations under section 51A of the Education Act 2002;”.

EA 1996

5 EA 1996 is amended as follows.

(ba) In section 444ZA (application of section 444 to alternative educational provision), in subsection (1D), in paragraph (a), for “section 52” substitute “section 51A”.

(ba) 30In Schedule 35B (meaning of “eligible child” for purposes of school travel arrangements), in paragraph 8(2)(b), for “section 52” substitute “section 51A”.

SSFA 1998

8 Section 87 of SSFA 1998 (no requirement to admit children permanently
excluded from two or more schools) is amended as follows.

9 After subsection (3) insert—

“(3A) 5A child who has been permanently excluded from a school in
England shall not be treated for the purposes of this section as having
been so excluded if any of the following applies—

(a) the child was reinstated as a pupil at the school following a
direction from the responsible body—

(i) 10in accordance with regulations under subsection
(3)(b) of section 51A of the Education Act 2002;

(ii) following a recommendation from the review panel
that the responsible body reconsiders the matter
under subsection (4)(b) of that section;

(b) 15the child would have been reinstated as a pupil at the school
following a direction from the responsible body as described
in paragraph (a)(i) or (ii), if it had been practical for the
responsible body to give such a direction;

(c) the review panel has quashed a decision of the responsible
20body not to reinstate the child as a pupil at the school under
subsection (4)(c) of section 51A of the Education Act 2002;

(d) the child was so excluded at a time when the child had not
attained compulsory school age.

(3B) In subsection (3A) “the responsible body” has the same meaning as
25in section 51A of the Education Act 2002.”

10 In subsection (4), in the opening words—

(a) omit “However,”;

(b) after “a school” insert “in Wales”.

Equality Act 2010 (c.15)2010 (c.15)

11 30Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) is
amended as follows.

12 In the heading above paragraph 14, at the end insert “: Wales”.

13 In paragraph 14 (exclusions)—

(a) in sub-paragraph (1), at the end insert “that are made in relation to
35schools in Wales”;

(b) for sub-paragraph (4), substitute—

“(4) Appeal arrangements are arrangements under section
52(3) of the Education Act 2002 enabling an appeal to be
made against an exclusion decision.”;

(c) 40in sub-paragraph (5), omit paragraph (b).

Section 11

SCHEDULE 2 Abolition of the GTCE: consequential amendments

Amendments to THEA 1998

1 THEA 1998 is amended as follows.

2 5In the heading to Chapter 1, for “Councils” substitute “Council for Wales”.

3 In the italic cross-heading above section 1, for “England” substitute “Wales:
aims and constitution”.

4 In the italic cross-heading above section 2, for “England” substitute “Wales”.

5 In section 2, in the heading, for “General Teaching Council for England”
10substitute “the Council”.

6 In the italic cross-heading above section 8, at the beginning insert
“Establishment of”.

7 In section 8 (the General Teaching Council for Wales)—

(a) in subsection (2), omit “as it has effect in relation to the Council,”;

(b) 15omit subsections (3) to (6);

(c) in the heading, at the beginning insert “Establishment of”.

8 In section 9 (functions of the General Teaching Council for Wales: general)—

(a) omit subsection (1);

(b) in subsection (2), for “the General Teaching Council for Wales”
20substitute “the Council”.

9 In section 12 (deduction of fees from salaries, etc)—

(a) in subsection (1)(b), omit “relevant”;

(b) in subsection (3), in paragraphs (b) and (c), omit “relevant”;

(c) in subsection (4), omit the definition of “relevant Council”.

10 25In section 14 (supply of information relating to teachers: general)—

(a) for subsection (1) substitute—

“(1) The Secretary of State may supply the Council with such
information relating to individual teachers as the Council
may request for the purpose of carrying out any of the
30functions conferred on them by or under this Chapter or as
the Secretary of State considers it to be necessary or desirable
for them to have for the purposes of those functions.

(1A) The Welsh Ministers may supply the Council with such
information relating to individual teachers as the Council
35may request for the purpose of carrying out any of the
functions conferred on them by or under this Chapter or as
the Welsh Ministers consider it to be necessary or desirable
for them to have for the purposes of those functions.”

(b) in subsection (2), for “Each of those Councils” substitute “The
40Council”;

(c) in subsection (3), for “either” substitute “the”;

(d) omit subsection (4).

11 In section 15 (supply of information following dismissal, resignation, etc)—

(a) omit subsection (2);

(b) in subsection (3)—

(i) omit the words from the beginning to “in Wales,”;

(ii) 5for “the General Teaching Council for Wales” substitute “the
Council”.

(c) in subsection (5), in the definition of “relevant employer”, at the end
of each of paragraphs (a), (b), (c) and (d) insert “in Wales”.

12 In section 15A (supply of information by contractor, agency, etc)—

(a) 10in subsection (2), for “Subsections (3) and (4) apply” substitute
“Subsection (4) applies”;

(b) omit subsections (3), (5) and (7);

(c) in subsection (4)—

(i) omit the words from the beginning to “in Wales,”;

(ii) 15for “the General Teaching Council for Wales” substitute “the
Council”.

13 In the italic cross-heading above section 19, at the end insert “: teachers in
Wales”.

14 In section 19 (requirement to serve induction period)—

(a) 20in subsection (1), after “schools” insert “in Wales”;

(b) in subsection (2)(i), for “either the Council or the General Teaching
Council for Wales” substitute “the Council”;

(c) in subsection (3)—

(i) omit the words from the beginning to “established,”;

(ii) 25for “one or both of those Councils (as appropriate)” substitute
“the Council”;

(d) in subsection (4)(b), omit “or the General Teaching Council for
Wales”.

15 In section 42 (orders and regulations)—

(a) 30omit subsection (3);

(b) in subsection (9)—

(i) omit the words from the beginning to “established,”;

(ii) omit “to which the regulations will relate”.

16 (1) Schedule 1 is amended as follows.

(2) 35In the title, for “England” substitute “Wales”.

(3) In paragraph 2, omit sub-paragraph (3).

(4) In paragraph 4(1)—

(a) in paragraph (a), for “the Secretary of State” substitute “they”;

(b) for paragraph (b) substitute—

“(b) 40shall, as regards any member in whose case they
may so determine, pay or make provision for the
payment of such sums by way of pension,
allowances and gratuities to or in respect of that
member as they may determine.”

(5) For paragraph 4(2) substitute—

“(2) If a person ceases to be a member of the Council and it appears to
the Council that there are special circumstances which make it
right that the person should receive compensation, the Council
5may make to that person a payment of such amount as they may
determine.”

(6) In paragraph 4(3), for “the Secretary of State” substitute “they”.

(7) In paragraph 4(4), for “the Secretary of State” substitute “they”.

(8) In paragraph 5, omit sub-paragraph (4).

(9) 10In paragraph 6—

(a) in sub-paragraph (1), omit “, with the consent of the Secretary of
State,”;

(b) in sub-paragraph (3), for the words following paragraph (b)
substitute “the Council may make provision for that person to
15continue to participate in that scheme, on such terms and conditions
as they may determine, as if the person’s service as a member were
service as an employee; and any such provision shall be without
prejudice to paragraph 4.”

(10) In paragraph 11, omit sub-paragraph (1).

17 20In Schedule 2 (disciplinary powers of Council), in paragraph 7
(supplementary provisions) for sub-paragraph (2) substitute—

“(2) Regulations may also make provision for securing that any
prohibition order made by virtue of Schedule 11A to the
Education Act 2002 in relation to a teacher in England has a
25corresponding effect in relation to Wales.”

Amendments to other Education Acts

18 In EA 1994, in section 18B (inspection of teacher training), in subsection (3)
(advice from Chief Inspector), omit paragraph (c) (and the “or” preceding it).

19 (1) EA 2002 is amended as follows.

(2) 30In section 132 (qualified teacher status), omit subsection (3) (consultation of
GTCE).

(3) In section 134 (requirement to be registered)—

(a) in subsection (1)—

(i) after “school” insert “in Wales”;

(ii) 35after “General Teaching Council” insert “for Wales”;

(b) in subsection (2), after “person” insert “in Wales”;

(c) in subsection (3), after “qualified teacher” insert “in Wales”;

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

(4) In section 145 (specification of qualification or course), in subsection (1)(c),
40omit “the General Teaching Council for England,”.

(5) In Schedule 12 (the General Teaching Councils for England and Wales), in
Part 1 (amendments to the Teaching and Higher Education Act 1998), omit
paragraph 7 (amendment to section 9(1)).

20 In ESA 2008—

(a) in section 130 (directions prohibiting participation in management:
information), in subsection (5), omit “the General Teaching Council
for England,”;

(b) 5in Schedule 1 (minor and consequential amendments), in paragraph
23 (substitution of sections 167C and 167D of EA 2002), in the
substituted section 167C, in subsection (5), omit “the General
Teaching Council for England,”.

Other amendments

21 10In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2, omit “General Teaching Council for England.”

22 In Schedule 1 to the Superannuation Act 1972 (kinds of employment in
relation to which superannuation schemes may be made), omit “General
Teaching Council for England.”

23 15In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualifying for membership) in Part 3, omit “Any member of the General
Teaching Council for England in receipt of remuneration.”

24 In section 50 of the Employment Rights Act 1996 (right to time off for public
duties), in subsection (9) (definition of “relevant education body”) omit
20paragraph (i) (but not the “or” following it).

25 In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in
Part 6 omit “The General Teaching Council for England.”

26 In section 343 of the Income Tax (Earnings and Pensions) Act 2003
(deductions allowed from earnings: professional membership fees), in the
25Table in subsection (2), in part 7 omit paragraph (a) (fee for registration by
the GTCE).

27 (1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2) In section 41 (registers: duty to refer), in the table in subsection (7), in entry
1, for the entry in column 2 substitute “The General Teaching Council for
30Wales”.

(3) In section 45 (supervisory authorities: duty to refer), in subsection (7), after
paragraph (a) insert—

“(aza) the Secretary of State in respect of the Secretary of State’s
functions under sections 141B to 141E of the Education Act
352002;

(azb) the Secretary of State in respect of the Secretary of State’s
functions under Chapter 1 of Part 4 of the Education and
Skills Act 2008;”.

(4) In Schedule 3 (barred lists), in paragraph 16 (representations), in sub-
40paragraph (4)—

(a) after “before” insert “the Secretary of State in the exercise of the
Secretary of State’s functions under section 141B of the Education
Act 2002, or in proceedings before”;

(b) omit paragraph (a).

(5) In Schedule 8 (transitional provision), in paragraph 2 (existing restrictions
relating to children)—

(a) in sub-paragraph (3), omit paragraphs (a) and (c);

(b) in sub-paragraph (4), for “(3)(c) and (d)” substitute “(3)(d)”;

(c) 5in sub-paragraph (7), for “(3)(c) and (d)” substitute “(3)(d)”.

Section 12

SCHEDULE 3 Abolition of the GTCE: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)
10providing—

(a) for a designated employee of the GTCE to become a member of staff
of the Secretary of State (and accordingly to become employed in the
civil service of the state);

(b) so far as may be consistent with employment in the civil service of
15the state, for the terms and conditions of the employee’s employment
with the GTCE to have effect as if they were the conditions of service
as a member of the Secretary of State’s staff;

(c) for the transfer to the Secretary of State of the rights, powers, duties
and liabilities of the GTCE under or in connection with the
20employee’s contract of employment;

(d) for anything done (or having effect as if done) before that transfer by
or in relation to the GTCE in respect of such a contract or the
employee to be treated as having been done by or in relation to the
Secretary of State.

(2) 25A staff transfer scheme may provide for a period before the employee
became a member of the Secretary of State’s staff to count as a period during
which the employee was a member of the Secretary of State’s staff (and for
the operation of the scheme not to be treated as having interrupted the
continuity of that period).

(3) 30A staff transfer scheme may provide for the employee not to become a
member of the Secretary of State’s staff if the employee gives notice objecting
to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by
an enactment or otherwise) as being dismissed by the operation of the
35scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the GTCE to become
a member of the Secretary of State’s staff despite any provision, of whatever
nature, which would otherwise prevent the person from being employed in
the civil service of the state.

40Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the GTCE to the Secretary of State of
designated property, rights or liabilities.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the GTCE in
5connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the Secretary of State;

(c) apportion property, rights and liabilities;

(d) make provision about the continuation of legal proceedings.

(3) 10The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme.

15Continuity

3 A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the GTCE
before the transfer takes effect.

Supplementary provision etc.

4 20A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

Interpretation

5 In this Schedule—

• “designated”, in relation to a staff transfer scheme or a property transfer
  25scheme, means specified in, or determined in accordance with, the
  scheme;

• “the GTCE” means the General Teaching Council for England.

Section 13

SCHEDULE 4 Offence of breach of reporting restrictions: application to providers of
30information society services

After Schedule 11A to EA 2002 (inserted by section 8), insert—

Section 141G

“Schedule 11B Offence under section 141G: supplementary provisions

Introduction

1 (1) This Schedule makes supplementary provision relating to an
35offence under section 141G (breach of reporting restrictions
relating to alleged offences committed by teachers).