Education (No. 2) Act 1986

49 Appraisal of performance of teachers. E+W

[F1 (1) The Secretary of State may by regulations make provision requiring local education authorities, or such other persons as may be prescribed, to secure that the performance of teachers to whom the regulations apply—

(a) in discharging their duties; and

(b) in engaging in other activities connected with the establishments at which they are employed;

is regularly appraised in accordance with such requirements as may be prescribed.

(2) The regulations may, in particular, make provision—

(a) requiring the governing bodies of such categories of schools or other establishments as may be prescribed—

(i) to secure, so far as it is reasonably practicable for them to do so, that any arrangements made in accordance with the regulations are complied with in relation to their establishments; and

(ii) to provide such assistance to the local education authority as the authority may reasonably require in connection with their obligations under the regulations;

(b) with respect to the disclosure to teachers of the results of appraisals and the provision of opportunities for them to make representations with respect to those results; and

(c) requiring local education authorities to have regard to the results of appraisals in the exercise of such of their functions as may be prescribed.

(3) The regulations may be expressed to apply to any of the following categories of teacher, that is to say teachers employed—

(a) at any school maintained by a local education authority;

[F2 (b) at any special school which is not so maintained but is for the time being approved by the Secretary of State under section 342 of the M1 Education Act 1996 (approval of special schools);]

[F3 F4 (ba) at any grant-maintained school;]

(c) at any [F5 establishment of higher or further education maintained] by a local education authority;

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (da) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (db) at any institution within the further education sector]

(e) at any school or other establishment which falls within any prescribed class of school, or other establishment, of a kind mentioned in any of paragraphs (a) to [F8 (db)] above; or

(f) by a local education authority otherwise than at a school or [F9 establishment of higher or further education].

(4) Before making any regulations under subsection (1) above, the Secretary of State shall consult—

(a) such associations of local authorities, and representatives of teachers, as appear to him to be concerned; and

(b) any other person with whom consultation appears to him to be desirable.]

Textual Amendments

F1 S. 49 repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 131(8), 215(2), 216(4) {Sch. 22 Pt. 3} (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1

F2 S. 49(3)(b) substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 14(a) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch.1

F3 S. 49(3)(ba) inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 36

F4 S. 49(3)(ba) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 14(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch.1

F5 Words substitued by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 101(2)

F6 S. 49(3)(d)(da) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8, Pt. I para. 23(a), Sch. 9; S.I. 1992/831, art. 2, Sch. 3 Appendix

F7 S. 49(3)(db) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I, para. 23(b); S.I. 1992/831, art. 2, Sch. 3

F8 Words in 49(3)(e) substituted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 23(c); S.I. 1992/831, art. 2, Sch. 3,

F9 Words substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 101(6)

Modifications etc. (not altering text)

C1 S. 49 excluded (1.10.1998) by 1998 c. 30 s. 19(7) (with s. 42(8)); S.I. 1998/2215, art. 2

Marginal Citations

M1 1996 c. 56.