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EDUCATION ACT 2011

UK Public General Acts

Version 11/01/2017

2011 CHAPTER 21

Default Geographical Extent: E+W+S+N.I.


  • Part 1 (E+W). Early years provision
  • Part 2 (E+W). Discipline
  • Part 3 (E+W). School workforce
    • Abolition of the General Teaching Council for England (E+W)
    • Reporting restrictions (E+W)
    • Abolition of the Training and Development Agency for Schools (E+W)
    • Abolition of the School Support Staff Negotiating Body (E+W)
    • Staff: minor amendments (E+W)
  • Part 4 (E+W). Qualifications and the Curriculum
    • International comparison surveys (E+W)
    • Ofqual (E+W)
    • Qualifications: Wales (E+W)
    • Abolition of the Qualifications and Curriculum Development Agency (E+W)
    • Careers education and guidance (E+W)
    • Repeal of the diploma entitlement (E+W)
  • Part 5 (E+W). Educational institutions: other provisions
    • Repeal of duties of governing bodies, local authorities and others (E+W)
    • Admissions (E+W)
    • New schools (E+W)
    • Governing bodies: constitution and dissolution (E+W)
    • Standards (E+W)
    • Finance (E+W)
    • Further education institutions (E+W)
    • Pupil referral units (E+W)
  • Part 6 (E+W). Academies
    • Academy arrangements (E+W)
    • Academy orders (E+W)
    • Academies: other provisions (E+W)
  • Part 7 (E+W). Post-16 education and training
    • Abolition of the Young People's Learning Agency for England (E+W)
    • Apprenticeships (E+W)
    • The Chief Executive of Skills Funding (E+W)
    • Raising the participation age: commencement (E+W)
  • Part 8 (E+W). Direct payments
  • Part 9 (E+W). Student finance
  • Part 10. General
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  • Version 15/11/2011

Introductory Text

Education Act 2011

2011 CHAPTER 21

An Act to make provision about education, childcare, apprenticeships and training; to make provision about schools and the school workforce, institutions within the further education sector and Academies; to abolish the General Teaching Council for England, the Training and Development Agency for Schools, the School Support Staff Negotiating Body, the Qualifications and Curriculum Development Agency and the Young People's Learning Agency for England; to make provision about the Office of Qualifications and Examinations Regulation and the Chief Executive of Skills Funding; to make provision about student loans and fees; and for connected purposes.

[15th November 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 (E+W)
Early years provision



1 Free of charge early years provision (E+W)

(1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3).

(2) For section 7 (duty to secure prescribed early years provision free of charge) substitute—

“7 Duty to secure early years provision free of charge in accordance with regulations
(1) An English local authority must secure that early years provision of such description as may be prescribed is available free of charge, in accordance with any regulations under this subsection, for each young child in their area who—
(a) is under compulsory school age, and
(b) is of such description as may be prescribed.
(2) Regulations under subsection (1) may in particular include provision about—
(a) how much early years provision is to be made available in pursuance of the duty imposed by subsection (1) ;
(b) the times at which, and periods over which, early years provision is to be made available in pursuance of that duty.
(3) In discharging the duty under subsection (1) a local authority must have regard to any guidance given from time to time by the Secretary of State.”
(3) After section 13 insert—

“13A Supply of information: free of charge early years provision
(1) This subsection applies to information held for the purposes of functions relating to tax credits—
(a) by the Commissioners for Her Majesty's Revenue and Customs, or
(b) by a person providing services to them, in connection with the provision of those services.
(2) This subsection applies to information held for the purposes of functions relating to social security—
(a) by the Secretary of State, or
(b) by a person providing services to the Secretary of State, in connection with the provision of those services.
(3) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or a person providing services to the Secretary of State, for use for the purpose of determining eligibility for free of charge early years provision.
(4) Information to which subsection (2) applies may be supplied to an English local authority for use for that purpose.
(5) Information received by virtue of subsection (3) may be supplied—
(a) to another person to whom it could have been supplied under that subsection, or
(b) to an English local authority,
for use for that purpose.
(6) The references in subsections (4) and (5) (b) to an English local authority include references to a person exercising on behalf of an English local authority functions relating to eligibility for free of charge early years provision.
(7) For the purposes of this section and section 13B, free of charge early years provision is early years provision which is required to be made available in pursuance of the duty imposed by section 7.
(8) This section does not limit the circumstances in which information may be supplied apart from this section.
13B Unauthorised disclosure of information received under section 13A
(1) A person commits an offence if the person discloses any information—
(a) which the person received by virtue of any of subsections (3) to (5) of section 13A, and
(b) which relates to a particular person,
unless the information is disclosed in accordance with subsection (2).
(2) Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways—
(a) in the case of information received by virtue of section 13A(3) , in accordance with section 13A(5) ;
(b) in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision;
(c) in accordance with an enactment or an order of a court;
(d) with consent given by or on behalf of the person to whom the information relates.
(3) It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful.
(4) A person guilty of an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both;
(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both.
(5) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (4) (b) to 12 months is to be read as a reference to 6 months.”
(4) Section 100 of the Childcare Act 2006 (provision of information about young children: transitory provision) is repealed.

Annotations:

Commencement Information

I1 S. 1(1) in force at 1.9.2012 for specified purposes by S.I. 2012/1087, art. 3

I2 S. 1(1)(2) in force at 1.9.2013 in so far as not already in force by S.I. 2012/2213, art. 5

I3 S. 1(2) in force at 1.9.2012 for specified purposes by S.I. 2012/1087, art. 3

I4 S. 1(3) in force at 1.9.2012 by S.I. 2012/1087, art. 3

I5 S. 1(4) in force at 1.9.2012 by S.I. 2012/1087, art. 3


Part 2 (E+W)
Discipline



2 Power of members of staff at schools to search pupils (E+W)

(1) Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is amended as set out in subsections (2) to (5).

(2) In section 550ZA (power of members of staff to search pupils for prohibited items: England) —

(a) in subsection (3) (prohibited items) , after paragraph (e) insert—
“(ea) an article that the member of staff reasonably suspects has been, or is likely to be, used—
(i) to commit an offence, or
(ii) to cause personal injury to, or damage to the property of, any person (including P) ;”;
(b) in that subsection, after paragraph (f) insert—
“(g) any other item which the school rules identify as an item for which a search may be made.”;
(c) after subsection (4) , insert—
“(4A) In subsection (3) (ea) (i) , “ offence ” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.
(4B) In subsection (3) (g) , the “ school rules ” means—
(a) in the case of a maintained school or a non-maintained special school, rules in force at the school that are made under measures determined and publicised by the head teacher under section 89 of the Education and Inspections Act 2006;
(b) in the case of any other school, measures relating to discipline in the school that are determined and publicised in accordance with regulations.
(4C) In subsection (4B) (a) — “ maintained school ” means— (a) a community, foundation or voluntary school, (b) a community or foundation special school, (c) a maintained nursery school, or (d) a pupil referral unit; “ non-maintained special school ” means a school that is approved under section 342.”
(3) In section 550ZB (power of search under section 550ZA: supplementary) —

(a) in subsection (5) , after “section 550ZA” insert “ to search for an item within section 550ZA(3) (a) to (f) ”;
(b) in subsection (6) —
(i) in paragraph (b) , after “P” insert “ , unless the condition in subsection (6A) is satisfied ”;
(ii) in paragraph (c) , after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;
(c) after subsection (6) , insert—
“(6A) The condition is satisfied if—
(a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
(b) in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as P or in the presence of another member of staff (as the case may be).”;
(d) in subsection (7) , in paragraph (b) , after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;
(e) after subsection (7) , insert—
“(7A) The condition is satisfied if—
(a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
(b) in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.”
(4) In section 550ZC (power to seize items found during search under section 550ZA) —

(a) in subsection (2) after “subsection (1) ” insert “ to seize an item within section 550ZA(3) (a) to (f) or anything within subsection (1) (b) ”;
(b) after subsection (6) insert—
“(6A) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3) (ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—
(a) deliver the item to a police constable as soon as reasonably practicable,
(b) return the item to its owner,
(c) retain the item, or
(d) dispose of the item.
(6B) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3) (g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it.
(6C) In deciding what to do with an item under subsection (6A) or (6B) , the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.
(6D) Subsections (6E) and (6F) apply to an item that—
(a) has been seized under subsection (1) ,
(b) is a prohibited item by virtue of section 550ZA(3) (ea) or (g) , and
(c) is an electronic device.
(6E) The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.
(6F) Following an examination under subsection (6E) , if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.
(6G) In determining whether there is a good reason for the purposes of subsection (6E) or (6F) , the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.”;
(c) in subsection (9) , for “and (5) ” substitute “ , (5) and (6A) ”.
(5) In section 550ZD (section 550ZC: supplementary) —

(a) in subsection (1) , after “(5) (a) ” insert “ , (6A) (a) ”;
(b) in subsection (2) (a) , for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;
(c) after subsection (2) , insert—
“(2A) The items referred to in subsection (2) (a) are—
(a) alcohol or its container;
(b) a controlled drug;
(c) a stolen article;
(d) an item that is a prohibited item by virtue of section 550ZA(3) (ea) or (g).
(2B) Subsection (3) also applies where a person—
(a) erases data or a file from an electronic device under section 550ZC(6F) ; and
(b) proves that the erasure was lawful.”;
(d) in subsection (3) (a) , for “or disposal” substitute “ , disposal or erasure ”;
(e) in subsection (4) , after “(2) ” insert “ , (2B) ”.
(6) In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative procedure) , for “550ZA or 550ZC” substitute “ 550ZA(3) (f) or 550ZC(7) ”.

(7) In section 89 of EIA 2006 (determination by head teacher of behaviour policy) , after subsection (4) insert—

“(4A) In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.”
Annotations:

Commencement Information

I6 S. 2 in force at 1.4.2012 by S.I. 2012/924, art. 2


3 Power of members of staff at further education institutions to search students (E+W)

(1) Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.

(2) In section 85AA (power of members of staff to search students for prohibited items: England) , in subsection (3) (prohibited items) , after paragraph (e) insert—

“(ea) an article that the member of staff reasonably suspects has been, or is likely to be, used—
(i) to commit an offence, or
(ii) to cause personal injury to, or damage to the property of, any person (including S) ;”.
(3) In section 85AB (power of search under section 85AA: supplementary) —

(a) in subsection (6) —
(i) in paragraph (b) , after “S” insert “ , unless the condition in subsection (6A) is satisfied ”;
(ii) in paragraph (c) , after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;
(b) after subsection (6) , insert—
“(6A) The condition is satisfied if—
(a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
(b) in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).”;
(c) in subsection (7) , in paragraph (b) , after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;
(d) after subsection (7) , insert—
“(7A) The condition is satisfied if—
(a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and
(b) in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.”
(4) In section 85AC (power to seize items found during search under section 85AA) —

(a) after subsection (6) insert—
“(6A) A person who seizes an item that is a prohibited item by virtue of section 85AA(3) (ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—
(a) deliver the item to a police constable as soon as reasonably practicable,
(b) return the item to its owner,
(c) retain the item, or
(d) dispose of the item.
In deciding what to do with an item under this subsection, the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.
(6B) Subsections (6C) and (6D) apply to an item that—
(a) has been seized under subsection (1) ,
(b) is a prohibited item by virtue of section 85AA(3) (ea) , and
(c) is an electronic device.
(6C) The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.
(6D) Following an examination under subsection (6C) , if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.
(6E) In determining whether there is a good reason for the purposes of subsection (6C) or (6D) , the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.”;
(b) in subsection (9) , for “and (5) ” substitute “ , (5) and (6A) ”.
(5) In section 85AD (section 85AC: supplementary) —

(a) in subsection (1) , after “(5) (a) ” insert “ , (6A) (a) ”;
(b) in subsection (2) (a) , for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;
(c) after subsection (2) , insert—
“(2A) The items referred to in subsection (2) (a) are—
(a) alcohol or its container;
(b) a controlled drug;
(c) a stolen article;
(d) an article that is a prohibited item by virtue of section 85AA(3) (ea).
(2B) Subsection (3) also applies where a person—
(a) erases data or a file from an electronic device under section 85AC(6D) ; and
(b) proves that the erasure was lawful.”;
(d) in subsection (3) (a) , for “or disposal” substitute “ , disposal or erasure ”;
(e) in subsection (4) , after “(2) ” insert “ , (2B) ”.
Annotations:

Commencement Information

I7 S. 3 in force at 1.4.2012 by S.I. 2012/924, art. 2


4 Exclusion of pupils from schools in England: review (E+W)

(1) Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.

(2) Before section 52, insert—

“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.
(3) Regulations must make provision—
(a) requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2) ;
(b) requiring the responsible body, in prescribed cases, to consider 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 reinstate a pupil;
(d) about the constitution of a review panel;
(e) about the procedure to be followed on a review under paragraph (c).
(4) On an application by virtue of subsection (3) (c) , the review panel may—
(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 responsible body and direct the responsible body to reconsider the matter.
(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 funding period.
(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.
(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 any guidance given from time to time by the Secretary of State;
(c) requiring local authorities to give prescribed information to the Secretary of State;
(d) in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).
(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.
(10) In this section— “ 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) ; “ 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 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
(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 regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.”
(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 ”;
(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 may be,”;
(d) in the heading, at the end insert “ : Wales ”.
(4) Schedule 1 (consequential amendments) has effect.

Annotations:

Commencement Information

I8 S. 4 in force at 1.9.2012 by S.I. 2012/1087, art. 3 (with art. 4)


5 Repeal of requirement to give notice of detention to parent: England (E+W)

In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention outside school sessions) , in subsection (3) (d) , after “that” insert “ , in relation to a pupil at a school in Wales, ”.

Annotations:

Commencement Information

I9 S. 5 in force at 15.1.2012 by S.I. 2012/84, art. 2


6 Repeal of duty to enter into behaviour and attendance partnership (E+W)

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

Part 3 (E+W)
School workforce



Abolition of the General Teaching Council for England (E+W)


7 Abolition of the General Teaching Council for England (E+W)

(1) Section 1 of THEA 1998 (the General Teaching Council for England) is amended 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) The 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 ”.

Annotations:

Commencement Information

I10 S. 7 in force at 1.4.2012 by S.I. 2012/924, art. 2


8 Functions of Secretary of State in relation to teachers (E+W)

(1) In Part 8 of EA 2002 (teachers) , after section 141 insert—

“Teacher misconduct etc: England (E+W)
141A Teachers to whom sections 141B to 141E apply
(1) Sections 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) a 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 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).
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 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) 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.
(3) Schedule 11A (regulations about decisions under subsection (2) ) has effect.
(4) In 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) 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 (b) in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would be within paragraph (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 who 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 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 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 appropriate.
(6) The list must be available for inspection by members of the public.
(7) In this section— “ 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 services 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) The 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) a 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) 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 training; “ children's home ” has the same meaning as in the Care Standards Act 2000; “ services ” includes professional and voluntary services; “ 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 consent 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 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 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 meanings as in section 141D.”
(2) In EA 2002, after Schedule 11, insert—

“SCHEDULE 11A (E+W) REGULATIONS ABOUT DECISIONS UNDER SECTION 141B
Regulations: general (E+W)
1 The Secretary of State must make regulations in accordance with the following provisions of this Schedule.
Procedure for decisions under section 141B(2) (E+W)
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).
(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 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) 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.
Interim prohibition orders (E+W)
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) Regulations 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) within 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 (E+W)
4 (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 5;
(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;
(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.
Appeals against prohibition orders (E+W)
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) The 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 prohibition order made by virtue of paragraph 3.
Supplementary provisions (E+W)
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, for 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) authorising 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 case 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 Northern Ireland.”
Annotations:

Commencement Information

I11 S. 8 in force at 1.4.2012 by S.I. 2012/924, art. 2


9 Requirement for teachers in England to serve induction period (E+W)

In Part 8 of EA 2002 (teachers) , after section 135 insert—

“Induction periods: teachers in England (E+W)
135A Requirement to serve induction period: teachers in England
(1) Regulations 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) a 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) in 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) Regulations 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 prescribed, 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 against 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 satisfactorily 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 period;
(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 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 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 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 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;
(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—
(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 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 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) ; “ 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 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.
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.
(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
(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 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 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.
(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 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—
(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;
(c) the appropriate body (within the meaning of section 135A).”
Annotations:

Commencement Information

I12 S. 9 in force at 1.4.2012 by S.I. 2012/924, art. 2


10 Abolition of the GTCE: transitional provision (E+W)

(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) 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 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 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 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 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) —
(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;
(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 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 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 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;
(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.

(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— “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) ).

Annotations:

Commencement Information

I13 S. 10 in force at 1.4.2012 by S.I. 2012/924, art. 2