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Education Bill


Education Bill
Part 3 — School workforce

15

 

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)   

Regulations may make provision for, and in connection with, requiring

5

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)   

a relevant school,

10

(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)   

in such circumstances as may be prescribed, an independent

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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)   

Regulations under this section may, in particular, make provision—

20

(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,

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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

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

served;

30

(e)   

as to supervision and training during a person’s induction

period;

(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

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induction period;

(g)   

requiring 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

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such period as may be determined by the appropriate

body, or

(iii)   

has failed satisfactorily to complete his or her induction

period;

(h)   

requiring the head teacher of a school to make a

45

recommendation to the appropriate body as to whether a

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

 
 

Education Bill
Part 3 — School workforce

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(i)   

requiring the appropriate body to inform the Secretary of State

of 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

5

teacher, or

(ii)   

that 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

10

may be prescribed;

(k)   

authorising 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

15

training for teachers);

(l)   

authorising 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;

20

(m)   

requiring any person or body exercising any prescribed

function 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—

25

(a)   

provide that an induction period may not be begun without

approval 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

30

withdrawal of approval;

(d)   

impose conditions or limitations on the appropriate body’s

power to give or withhold approval.

(4)   

In this section—

“the appropriate body” means such person or body (including a

35

local authority) as may be prescribed by, or determined by the

Secretary of State in accordance with, regulations under this

section (and such regulations may provide for an appropriate

body which is not a local authority to include a representative

of such an authority);

40

“relevant school” means a school maintained by a local authority

or a special school not so maintained.

(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

45

of the institution;

(b)   

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

reference to the principal of the institution.

 
 

Education Bill
Part 3 — School workforce

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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)   

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

5

(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    

Induction periods: supplementary

10

(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)   

Where, in accordance with a requirement imposed by virtue of

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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,

   

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

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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

when the school does not have a delegated budget.

25

(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

30

same 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—

35

(a)   

the 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;

40

(c)   

the 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.

45

 
 

Education Bill
Part 3 — School workforce

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(2)   

A 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

5

specified 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

10

with 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

15

with 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

20

virtue 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)—

25

(i)   

in 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;

30

(iii)   

in 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

35

teaching 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

40

after 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

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

45

the regulations had been transferred to the Secretary of State;

(b)   

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

against disciplinary orders to High Court) continue to apply;

 
 

Education Bill
Part 3 — School workforce

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(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

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

5

(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)   

In this section—

10

“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

order” have the same meanings as in Schedule 2 to THEA 1998 (see

paragraph 2(3)).

15

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

which this Act is passed.

20

(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

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

25

effect.

Reporting restrictions

13      

Restrictions on reporting alleged offences by teachers

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

insert—

30

“Allegations of offences committed by teachers in England and Wales: reporting

restrictions

141F    

Restrictions on reporting alleged offences by teachers

(1)   

This section applies where a person who is employed or engaged as a

teacher at a school is the subject of an allegation falling within

35

subsection (2).

(2)   

An allegation falls within this subsection if—

(a)   

it is an allegation that the person is guilty of a relevant criminal

offence, and

(b)   

it is made by or on behalf of a registered pupil at the school.

40

 
 

Education Bill
Part 3 — School workforce

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(3)   

No matter relating to the person is to be included in any publication if

it is likely to lead members of the public to identify the person as the

teacher who is the subject of the allegation.

(4)   

Any person may make an application to an appropriate criminal court

for an order dispensing with the restrictions imposed by subsection (3).

5

(5)   

The court may make an order dispensing with the restrictions, to the

extent specified in the order, if it is satisfied that it is in the interests of

justice to do so, having regard to the welfare of the person who is the

subject of the allegation.

(6)   

The power under subsection (5) of a magistrates’ court may be

10

exercised by a single justice.

(7)   

In the case of a decision of a magistrates’ court to make or refuse to

make an order under subsection (5), a person mentioned in subsection

(8) may, in accordance with Criminal Procedure Rules—

(a)   

appeal to the Crown Court against the decision, or

15

(b)   

appear or be represented at the hearing of such an appeal.

(8)   

The persons referred to in subsection (7) are—

(a)   

a person who was a party to the proceedings on the application

for the order;

(b)   

any other person with the leave of the Crown Court.

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(9)   

On an appeal under subsection (7), the Crown Court may—

(a)   

make such order as is necessary to give effect to its

determination of the appeal, and

(b)   

make such incidental or consequential orders as appear to it to

be just.

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(10)   

The restrictions in subsection (3) cease to apply once there are

proceedings in a court in respect of the offence.

(11)   

In this section—

“appropriate criminal court” means any court in England or Wales

which has any jurisdiction in, or in relation to, any criminal

30

proceedings;

“publication” includes any speech, writing, relevant programme

or other communication in whatever form, which is addressed

to the public at large or any section of the public (and for this

purpose, every relevant programme shall be taken to be so

35

addressed), but does not include an indictment or other

document prepared for use in particular legal proceedings;

“relevant criminal offence”, in relation to a person employed or

engaged as a teacher at a school, means an offence against the

law of England and Wales where the victim of the offence is a

40

registered pupil at the school;

“relevant programme” means a programme included in a

programme service, within the meaning of the Broadcasting Act

1990.

141G    

Offence of breach of reporting restrictions

45

(1)   

This section applies if a publication includes any matter in breach of

section 141F(3).

 
 

Education Bill
Part 3 — School workforce

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(2)   

Where the publication is a newspaper or periodical, any proprietor, any

editor and any publisher of the newspaper or periodical is guilty of an

offence.

(3)   

Where the publication is a programme included in a programme

service (within the meaning of the Broadcasting Act 1990), the

5

following are guilty of an offence—

(a)   

any body corporate engaged in providing the programme

service in which the programme is included, and

(b)   

any person having functions in relation to the programme

corresponding to those of an editor of a newspaper.

10

(4)   

In the case of any other publication, any person publishing it is guilty

of an offence.

(5)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(6)   

If an offence committed by a body corporate is proved—

15

(a)   

to have been committed with the consent or connivance of, or

(b)   

to be attributable to any neglect on the part of,

   

an officer, the officer as well as the body corporate is guilty of the

offence and liable to be proceeded against and punished accordingly.

(7)   

In subsection (6), “officer” means a director, manager, secretary or other

20

similar officer of the body, or a person purporting to act in any such

capacity.

(8)   

If the affairs of a body corporate are managed by its members,

“director” in subsection (7) means a member of that body.

141H    

Defences

25

(1)   

Where a person is charged with an offence under section 141G, it is a

defence for the person to prove any of the matters mentioned in

subsection (2).

(2)   

The matters are—

(a)   

that, at the time of the alleged offence, the person was not

30

aware, and neither suspected nor had reason to suspect, that the

publication included the matter in question;

(b)   

that, at the time of the alleged offence, the person was not

aware, and neither suspected nor had reason to suspect, that the

allegation in question had been made;

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(c)   

that the person who is the subject of the allegation had given

written consent to the inclusion of the matter in question in the

publication.

(3)   

Written consent is not a defence if it is proved that any person

interfered unreasonably with the peace or comfort of the person giving

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the consent, with intent to obtain it.”

 
 

 
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