Education Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Education Bill

Education Bill
Schedule 1 — Review of exclusions from schools in England: consequential amendments
59

Schedules
Schedule 1
Section 4

Review of exclusions from schools in England: consequential amendments
Local Government Act 1972 (c.70)
1
In section 177 of the Local Government Act 1972 (provisions supplementary
5
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
panels: England);”;
10
(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)
2
In section 25 of the Local Government Act 1974 (authorities subject to
15
investigation), in subsection (5)(e)—
(a)
for “appeal” substitute “review”;
(b)
for “section 52” substitute “section 51A”.
Tribunals and Inquiries Act 1992 (c.53)
3
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals
20
under direct supervision of the Council), in paragraph 15 (education), after
sub-paragraph (a), insert—
“(aa)
exclusion review panels constituted in accordance with
regulations under section 51A of the Education Act 2002;”.
EA 1996
25
4
EA 1996 is amended as follows.
5
In section 444ZA (application of section 444 to alternative educational
provision), in subsection (1D), in paragraph (a), for “section 52” substitute
“section 51A”.
6
In Schedule 35B (meaning of “eligible child” for purposes of school travel
30
arrangements), in paragraph 8(2)(b), for “section 52” substitute “section
51A”.

Education Bill
Schedule 1 — Review of exclusions from schools in England: consequential amendments
60

SSFA 1998
7
Section 87 of SSFA 1998 (no requirement to admit children permanently
excluded from two or more schools) is amended as follows.
8
After subsection (3) insert—
“(3A)
A child who has been permanently excluded from a school in
5
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)
in accordance with regulations under subsection
10
(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)
the child would have been reinstated as a pupil at the school
15
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
body not to reinstate the child as a pupil at the school under
20
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
in section 51A of the Education Act 2002.”
25
9
In subsection (4), in the opening words—
(a)
omit “However,”;
(b)
after “a school” insert “in Wales”.
Equality Act 2010 (c.15)
10
Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) is
30
amended as follows.
11
In the heading above paragraph 14, at the end insert “: Wales”.
12
In paragraph 14 (exclusions)—
(a)
in sub-paragraph (1), at the end insert “that are made in relation to
schools in Wales”;
35
(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)
in sub-paragraph (5), omit paragraph (b).
40

Education Bill
Schedule 2 — Abolition of the GTCE: consequential amendments
61

Schedule 2
Section 11

Abolition of the GTCE: consequential amendments
Amendments to THEA 1998
1
THEA 1998 is amended as follows.
2
In the heading to Chapter 1, for “Councils” substitute “Council for Wales”.
5
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”
substitute “the Council”.
10
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)
omit subsections (3) to (6);
15
(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”
substitute “the Council”.
20
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
In section 14 (supply of information relating to teachers: general)—
25
(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
functions conferred on them by or under this Chapter or as
30
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
may request for the purpose of carrying out any of the
35
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
Council”;
40
(c)
in subsection (3), for “either” substitute “the”;
(d)
omit subsection (4).

Education Bill
Schedule 2 — Abolition of the GTCE: consequential amendments
62

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)
for “the General Teaching Council for Wales” substitute “the
5
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)
in subsection (2), for “Subsections (3) and (4) apply” substitute
10
“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)
for “the General Teaching Council for Wales” substitute “the
15
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)
in subsection (1), after “schools” insert “in Wales”;
20
(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)
for “one or both of those Councils (as appropriate)” substitute
25
“the Council”;
(d)
in subsection (4)(b), omit “or the General Teaching Council for
Wales”.
15
In section 42 (orders and regulations)—
(a)
omit subsection (3);
30
(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)
In the title, for “England” substitute “Wales”.
35
      (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)
shall, as regards any member in whose case they
40
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.”

Education Bill
Schedule 2 — Abolition of the GTCE: consequential amendments
63

      (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
may make to that person a payment of such amount as they may
5
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)
In paragraph 6—
10
(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
continue to participate in that scheme, on such terms and conditions
15
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
In Schedule 2 (disciplinary powers of Council), in paragraph 7
20
(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
corresponding effect in relation to Wales.”
25
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)
In section 132 (qualified teacher status), omit subsection (3) (consultation of
30
GTCE).
      (3)
In section 134 (requirement to be registered)—
(a)
in subsection (1)—
(i)
after “school” insert “in Wales”;
(ii)
after “General Teaching Council” insert “for Wales”;
35
(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),
omit “the General Teaching Council for England,”.
40
      (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)).

Education Bill
Schedule 2 — Abolition of the GTCE: consequential amendments
64

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)
in Schedule 1 (minor and consequential amendments), in paragraph
5
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
In Schedule 1 to the Public Records Act 1958 (definition of public records),
10
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
In Schedule 1 to the House of Commons Disqualification Act 1975 (offices
15
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
paragraph (i) (but not the “or” following it).
20
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
Table in subsection (2), in part 7 omit paragraph (a) (fee for registration by
25
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
Wales”.
30
      (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
2002;
35
(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-
paragraph (4)—
40
(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).

Education Bill
Schedule 3 — Abolition of the GTCE: transfer schemes
65

      (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)
in sub-paragraph (7), for “(3)(c) and (d)” substitute “(3)(d)”.
5
Schedule 3
Section 12

Abolition of the GTCE: transfer schemes
Staff transfer schemes
1     (1)
The Secretary of State may make a scheme (a “staff transfer scheme”)
providing—
10
(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
the state, for the terms and conditions of the employee’s employment
15
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
employee’s contract of employment;
20
(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)
A staff transfer scheme may provide for a period before the employee
25
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)
A staff transfer scheme may provide for the employee not to become a
30
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
scheme not to be so treated.
35
      (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.
Property transfer schemes
40
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.