|
| |
|
(a) | alcohol or its container; |
| |
| |
| |
(d) | an article that is a prohibited item by virtue of section |
| |
| 5 |
(2B) | Subsection (3) also applies where a person— |
| |
(a) | erases data or a file from an electronic device under |
| |
| |
(b) | proves that the erasure was lawful.”; |
| |
(d) | in subsection (3)(a), for “or disposal” substitute “, disposal or erasure”; |
| 10 |
(e) | in subsection (4), after “(2)” insert “, (2B)”. |
| |
4 | Exclusion of pupils from schools in England: review |
| |
(1) | Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and |
| |
attendance) is amended as follows. |
| |
(2) | Before section 52, insert— |
| 15 |
“51A | Exclusion of pupils: England |
| |
(1) | The head teacher of a maintained school in England may exclude a |
| |
pupil from the school for a fixed period or permanently. |
| |
(2) | The teacher in charge of a pupil referral unit in England may exclude a |
| |
pupil from the unit for a fixed period or permanently. |
| 20 |
(3) | Regulations must make provision— |
| |
(a) | requiring prescribed persons to be given prescribed |
| |
information relating to any exclusion under subsection (1) or |
| |
| |
(b) | requiring the responsible body, in prescribed cases, to consider |
| 25 |
whether the pupil should be reinstated; |
| |
(c) | requiring the local authority to make arrangements enabling a |
| |
prescribed person to apply to a review panel for a review, in any |
| |
prescribed case, of a decision of the responsible body not to |
| |
| 30 |
(d) | about the constitution of a review panel; |
| |
(e) | about the procedure to be followed on a review under |
| |
| |
(4) | On an application by virtue of subsection (3)(c), the review panel |
| |
| 35 |
(a) | uphold the decision of the responsible body, |
| |
(b) | recommend that the responsible body reconsiders the matter, or |
| |
(c) | if it considers that the decision of the responsible body was |
| |
flawed when considered in the light of the principles applicable |
| |
on an application for judicial review, quash the decision of the |
| 40 |
responsible body and direct the responsible body to reconsider |
| |
| |
(5) | Regulations may provide for the panel to have supplementary powers, |
| |
and in particular may provide that the panel has the power to make a |
| |
|
| |
|
| |
|
direction about the effect on an excluded pupil of a recommendation |
| |
under subsection (4)(b) or a direction under subsection (4)(c). |
| |
(6) | In a case where the panel gives a direction under subsection (4)(c) to the |
| |
governing body of a maintained school, the panel may, in prescribed |
| |
circumstances, order an adjustment of the school’s budget share for a |
| 5 |
| |
(7) | Regulations must make provision about— |
| |
(a) | how the amount of the adjustment is to be determined; |
| |
(b) | the effect of the adjustment on the budget shares of other |
| |
maintained schools for the funding period. |
| 10 |
(8) | Regulations under this section may also make provision— |
| |
(a) | for the payment by the local authority of allowances to |
| |
members of the review panel; |
| |
(b) | requiring a person or body exercising functions under |
| |
subsection (1) or (2) or under the regulations to have regard to |
| 15 |
any guidance given from time to time by the Secretary of State; |
| |
(c) | requiring local authorities to give prescribed information to the |
| |
| |
(d) | in relation to any other matter relating to the exercise of the |
| |
powers conferred by subsections (1) and (2). |
| 20 |
(9) | Regulations made by virtue of subsection (8)(a) may provide for any of |
| |
the provisions of sections 173 to 174 of the Local Government Act 1972 |
| |
(allowances to members of local authorities and other bodies) to apply |
| |
with prescribed modifications in relation to members of a review panel. |
| |
| 25 |
“budget share” and “funding period” have the same meaning as in |
| |
Part 2 of the School Standards and Framework Act 1998; |
| |
“exclude”, in relation to the exclusion of a pupil from a school or |
| |
pupil referral unit, means exclude on disciplinary grounds (and |
| |
“exclusion” is to be construed accordingly); |
| 30 |
“maintained school” has the same meaning as in Chapter 1; |
| |
“the responsible body” means— |
| |
(a) | in relation to exclusion from a maintained school, the |
| |
governing body of the school; |
| |
(b) | in relation to exclusion from a pupil referral unit, such |
| 35 |
person as may be prescribed. |
| |
(11) | In relation to any time when no responsible body is prescribed in |
| |
relation to permanent exclusion from a pupil referral unit, subsection |
| |
(3) has effect in relation to such an exclusion as if— |
| |
(a) | paragraph (b) were omitted, and |
| 40 |
(b) | the decision referred to in paragraph (c) were the decision of the |
| |
teacher in charge of the unit permanently to exclude the pupil. |
| |
(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.” |
| 45 |
(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”; |
| |
| |
(i) | in paragraph (b), omit from first “(in” to “Wales)”; |
| |
(ii) | in paragraph (c), omit “the Secretary of State or” and “as the case |
| |
| 5 |
(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 |
| |
outside school sessions), in subsection (3)(d), after “that” insert “, in relation to |
| 10 |
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. |
| |
| 15 |
| |
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 |
| |
| 20 |
(2) | For subsection (1), substitute— |
| |
“(1) | In this Act, “the Council” means the General Teaching Council for |
| |
| |
(3) | For subsection (3), substitute— |
| |
“(3) | The functions conferred on the Council by or under this Chapter are |
| 25 |
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— |
| 30 |
“Teacher misconduct etc: England |
| |
141A | Teachers to whom sections 141B to 141E apply |
| |
(1) | Section 141B to 141E apply to a person who is employed or engaged to |
| |
carry out teaching work at— |
| |
| 35 |
|
| |
|
| |
|
(b) | a sixth form college in England, |
| |
(c) | relevant youth accommodation in England, or |
| |
(d) | a children’s home in England. |
| |
| |
“children’s home” has the same meaning as in the Care Standards |
| 5 |
| |
“teaching work” means work of a kind specified in regulations |
| |
under 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). |
| 10 |
141B | Investigation of disciplinary cases by Secretary of State |
| |
(1) | The Secretary of State may investigate a case where an allegation is |
| |
referred to the Secretary of State that a person to whom this section |
| |
| |
(a) | may be guilty of unacceptable professional conduct or conduct |
| 15 |
that may bring the teaching profession into disrepute, or |
| |
(b) | has been convicted (at any time) of a relevant offence. |
| |
(2) | Where 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. |
| 20 |
(3) | Schedule 11A (regulations about decisions under subsection (2)) has |
| |
| |
| |
a “prohibition order” means an order prohibiting the person to |
| |
whom it relates from carrying out teaching work; |
| 25 |
“teaching work” has the same meaning as in section 141A(1); |
| |
“relevant offence”, in relation to a person, means— |
| |
(a) | in 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 |
| 30 |
(b) | in the case of a conviction elsewhere, an offence which, |
| |
if committed in England and Wales, would be within |
| |
| |
141C | List of persons prohibited from teaching etc |
| |
(1) | The Secretary of State must keep a list containing— |
| 35 |
(a) | the names of persons in relation to whom a prohibition order |
| |
| |
(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. |
| 40 |
(2) | The Secretary of State may include on the list the name of any person |
| |
who has been prohibited from teaching in Wales, Scotland or Northern |
| |
Ireland that the Secretary of State thinks appropriate to include on the |
| |
| |
|
| |
|
| |
|
(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 |
| |
respect 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 |
| 5 |
complete an induction period under section 135A, there is an indication |
| |
on the list to that effect. |
| |
(5) | The list may contain such other information in relation to the persons |
| |
whose names are included on it as the Secretary of State considers |
| |
| 10 |
(6) | The list must be available for inspection by members of the public. |
| |
| |
“prohibition order” has the same meaning as in section 141B; |
| |
“interim prohibition order” means an order made by virtue of |
| |
paragraph 2(3) of Schedule 11A. |
| 15 |
141D | Supply of information following dismissal, resignation etc |
| |
(1) | This section applies where a relevant employer has ceased to use the |
| |
services of a teacher because the teacher has been guilty of serious |
| |
| |
(2) | This section also applies where a relevant employer might have ceased |
| 20 |
to use the services of a teacher as mentioned in subsection (1) had the |
| |
teacher not ceased to provide those services. |
| |
(3) | The employer must consider whether it would be appropriate to |
| |
provide prescribed information about the teacher to the Secretary of |
| |
| 25 |
| |
“relevant employer” means— |
| |
| |
(b) | a person exercising a function relating to the provision |
| |
of education on behalf of a local authority; |
| 30 |
(c) | the proprietor of a school; |
| |
(d) | a sixth form college corporation; |
| |
(e) | a person who employs a person to teach in a children’s |
| |
home or in relevant youth accommodation; |
| |
“education” includes vocational, social, physical and recreational |
| 35 |
| |
“children’s home” has the same meaning as in the Care Standards |
| |
| |
“services” includes professional and voluntary services; |
| |
“teacher” means a person within section 141A(1). |
| 40 |
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 |
| |
consent of a relevant employer (whether or not under a contract) and |
| |
the agent has terminated the arrangements because the teacher has |
| 45 |
been guilty of serious misconduct. |
| |
|
| |
|
| |
|
(2) | This section also applies where the agent— |
| |
(a) | might have terminated the arrangements as mentioned in |
| |
subsection (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 |
| 5 |
to be available for work. |
| |
(3) | The agent 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” and “teacher” have the same |
| |
meaning as in section 141D.” |
| 10 |
(2) | In EA 2002, after Schedule 11, insert— |
| |
| |
Regulations about decisions under section 141B |
| |
| |
1 | The Secretary of State must make regulations in accordance with the |
| 15 |
following provisions of this Schedule. |
| |
Procedure for decisions under section 141B(2) |
| |
2 (1) | Regulations under paragraph 1 must make provision about the |
| |
procedure to be followed by the Secretary of State in reaching a |
| |
decision under section 141B(2). |
| 20 |
(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 |
| |
court in England and Wales. |
| |
(3) | The regulations may make provision for the Secretary of State to |
| 25 |
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 |
| |
Secretary of State under section 141B to be excluded or restricted in |
| |
such circumstances as may be specified in or determined under the |
| 30 |
| |
(5) | The 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. |
| 35 |
| |
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 |
| |
the order under paragraph 4; |
| 40 |
(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 |
| |
work (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; |
| 5 |
(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) | as to the procedure relating to such an application. |
| 10 |
Appeals against prohibition orders |
| |
4 (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) | The regulations must provide that an appeal must be brought within |
| 15 |
28 days of the person being served with notice of the prohibition |
| |
| |
(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 |
| |
prohibition order made by virtue of paragraph 2(3). |
| 20 |
| |
5 (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, |
| |
for the Secretary of State to serve notice of the order on the |
| 25 |
| |
(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) | authorising the delegation of functions conferred by virtue of |
| 30 |
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 |
| |
case about the effect in England of an order prohibiting a |
| 35 |
person from teaching in schools in Wales, Scotland or |
| |
| |
(b) | about the effect in general in England of orders prohibiting a |
| |
person from teaching in schools in Wales, Scotland or |
| |
| 40 |
|
| |
|