Education Act 2002

Part 8 E+W Teachers

Teachers’ pay and conditions E+W

119 School Teachers’ Review Body E+W

(1) The body established under section 1 of the School Teachers’ Pay and Conditions Act 1991 (c. 49) (review body)—

(a) shall continue to exist, and

(b) shall be known as the School Teachers’ Review Body.

(2) The Prime Minister shall appoint the chairman of the Review Body.

(3) The Secretary of State shall appoint other members of the Review Body.

(4) Schedule 11 (which makes provision about the Review Body) shall have effect.

120 Review Body: function E+W

(1) The School Teachers’ Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to—

(a) the remuneration of school teachers, or

(b) other conditions of employment of school teachers which relate to their professional duties or working time.

(2) In subsection (1) “school teacher” means a person who is a school teacher for the purposes of the Secretary of State’s power under section 122 to make orders about remuneration and other conditions of employment.

(3) Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about—

(a) a consideration to which they are to have particular regard,

(b) matter on which they are to make a recommendation, or

(c) the time within which they are to report.

(4) Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.

(5) A direction under subsection (3) may be varied or revoked.

Commencement Information

I1 S. 120 partly in force; s. 120 not in force at Royal Assent, see s. 216; s. 120(1)(3)-(5) in force at 1.10.2002 by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.)

I2 S. 120(2) in force at 1.8.2003 by S.I. 2003/1667, art. 2

121 Consultation by Review Body E+W

(1) Before reporting on a matter referred to them under section 120(1) the School Teachers’ Review Body shall—

(a) notify each relevant body,

(b) give each relevant body an opportunity to submit evidence and make representations, and

(c) give the Secretary of State an opportunity to submit evidence and make representations.

(2) In relation to a matter referred to the Review Body “relevant body” means such of the following as appear to the Review Body to be appropriate to consult about the matter—

(a) associations of [F1 local authorities],

(b) [F1 local authorities],

(c) bodies representing the interests of governing bodies of schools, and

(d) bodies representing the interests of teachers.

(3) The Review Body may—

(a) determine the manner in which each relevant body is permitted to submit evidence or make representations, and

(b) may make different determinations in respect of different relevant bodies.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

122 Power to prescribe pay and conditions E+W

(1) The Secretary of State may by order make provision for the determination of—

(a) the remuneration of school teachers;

(b) other conditions of employment of school teachers which relate to their professional duties or working time.

(2) Where an order under this section applies to a school teacher—

(a) his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,

(b) a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and

(c) a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.

(3) A person is a school teacher for the purposes of this section if—

(a) he is a qualified teacher,

(b) he provides primary or secondary education under a contract of employment or for services,

(c) the other party to the contract is a [F2 local authority] or the governing body of a foundation, voluntary aided or foundation special school, and

(d) the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).

(4) A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a [F2 local authority].

(5) A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—

(a) he possesses a prescribed qualification,

(b) he provides education of a prescribed kind or in prescribed circumstances (or both),

(c) he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,

(d) he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or

(e) he is within a prescribed class of persons awaiting the award of a qualification.

(6) A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.

(7) In the application of subsection (2)—

(a) it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,

(b) it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and

(c) in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.

(8) In this section “prescribed” means prescribed by an order under this section.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Modifications etc. (not altering text)

C1 S. 122(3)(d) excluded (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 6(2)

Commencement Information

I3 S. 122 in force at 1.8.2003 by S.I. 2003/1667, art. 2

123 Order under section 122: scope E+W

(1) An order under section 122 may, in particular—

(a) confer discretion on a [F2 local authority] or a governing body;

(b) confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;

(c) require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;

(d) make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;

(e) make provision for a right of appeal specified by or determined in accordance with the order;

(f) limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;

(g) set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;

(h) set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;

(i) provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;

(j) provide for the determination of a question of the interpretation or application of a provision of the order.

(2) Provision under subsection (1)(e) or (j) may—

(a) confer jurisdiction on a court, tribunal, person or body;

(b) provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and [F1 local authorities] or teachers and governing bodies.

(3) An order under section 122 may make retrospective provision, but not so as to—

(a) reduce remuneration in respect of a period wholly or partly before the making of the order, or

(b) alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.

(4) The Secretary of State may by order provide—

(a) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);

(b) that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;

(c) that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I4 S. 123 in force at 1.8.2003 by S.I. 2003/1667, art. 2

124 Order under section 122: supplemental E+W

(1) An order under section 122 may—

(a) make provision which applies generally or only in a specified case or in specified circumstances;

(b) make different provision for different cases or circumstances;

(c) make transitional provision.

(2) An order under section 122 may make provision by reference to the exercise of another power under this Act.

(3) An order under section 122 may make provision by reference to a document; and—

(a) an order which makes provision by reference to a document must include provision about publication of the document, and

(b) a reference in this section to an order includes a reference to a document referred to by an order.

Commencement Information

I5 S. 124 in force at 1.8.2003 by S.I. 2003/1667, art. 2

125 Reference to Review Body E+W

(1) An order under section 122 may make provision about a matter only if the Secretary of State has—

(a) referred the matter to the School Teachers’ Review Body under section 120, and

(b) considered their report.

(2) But subsection (1) shall not apply—

(a) to subsidiary provision, or

(b) in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.

(3) Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—

(a) concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,

(b) concerns only the criteria for moving from one scale of remuneration to another,

(c) concerns only the implementation or application of a system or principle on which the Review Body has reported,

(d) prescribes a matter for the purpose of section 122(5),

(e) is made under section 123(4), or

(f) is minor, consequential, temporary, transitional or designed to resolve an anomaly.

(4) The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—

(a) shall be subsidiary for the purpose of subsection (2)(a), or

(b) shall cease to be subsidiary for that purpose.

(5) An order under subsection (4) may amend subsection (3).

Commencement Information

I6 S. 125 in force at 1.8.2003 by S.I. 2003/1667, art. 2

126 Consultation by Secretary of State E+W

The Secretary of State may not make an order under section 122 or 125(4)(a) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the content of the order—

(a) associations of [F1 local authorities],

(b) [F1 local authorities],

(c) bodies representing the interests of governing bodies of schools, and

(d) bodies representing the interests of teachers.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

Commencement Information

I7 S. 126 in force at 1.8.2003 by S.I. 2003/1667, art. 2

127 Guidance E+W

(1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.

(2) The following shall have regard to guidance under subsection (1)—

(a) a [F2 local authority], and

(b) the governing body of a school.

(3) Where an employer fails to follow guidance under subsection (1)—

(a) the failure shall not give rise to civil liability, but

(b) a court or tribunal may take the failure into account in any proceedings.

(4) The Secretary of State may not issue guidance under subsection (1) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—

(a) associations of [F1 local authorities],

(b) [F1 local authorities],

(c) bodies representing the interests of governing bodies of schools, and

(d) bodies representing the interests of teachers.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I8 S. 127 in force at 1.8.2003 by S.I. 2003/1667, art. 2

128 Education action zone E+W

(1) This section applies to a school which forms part of an education action zone for the purposes of Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31).

(2) On the application of the governing body of a school, the Secretary of State may by order provide that section 122(2) shall not apply to any school teacher at the school.

(3) Where an order under subsection (2) is in force in respect of a school—

(a) the governing body shall determine the remuneration and other conditions of employment of each school teacher at the school,

(b) the [F2 local authority] shall do anything necessary to give effect to the governing body’s determination, and

(c) pending a determination under paragraph (a), the terms on which a school teacher works at the school shall remain unchanged (irrespective of any new order under section 122).

(4) A governing body may not make an application under subsection (2) unless they have consulted each school teacher at the school.

(5) An application under subsection (2) must specify a date for commencement of the order sought; and—

(a) the date specified must not precede the expiry of the period of three months beginning with the date on which the application is made, and

(b) an order made on the application must provide that it comes into force on the date specified in the application or on a later date which is agreed between the Secretary of State and the governing body and which is specified in the order.

(6) The Secretary of State may make regulations about the application of section 122(2) where an order under subsection (2) above—

(a) is revoked, or

(b) lapses (in whole or in part) because one or more schools to which the order relates cease to form part of an education action zone.

(7) In this section “school teacher” has the same meaning as in section 122.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I9 S. 128 in force at 1.8.2003 by S.I. 2003/1667, art. 2

129 Transfer of employment E+W

(1) Section 122(2) shall not apply to a person if—

(a) a maintained school is established in place of an independent school in pursuance of proposals published under [F3 the relevant school organisation provisions (as defined by subsection (6))], and

(b) the person becomes a school teacher in the maintained school in accordance with the [F4 Transfer of Undertakings (Protection of Employment) Regulations 2006].

(2) But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—

(a) a date specified in the notice,

(b) if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or

(c) if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.

(3) Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the [F2 local authority].

(4) In this section “school teacher” has the same meaning as in section 122.

(5) In subsection (1) “maintained school” means—

(a) a community school,

(b) a foundation school,

(c) a voluntary school,

(d) a community special school,

(e) a foundation special school, or

(f) a maintained nursery school.

[F5 (6) In subsection (1)(a) “the relevant school organisation provisions” means—

(a) in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and

(b) in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998 [F6 or Part 3 of the School Standards and Organisation (Wales) Act 2013].]

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F3 Words in s. 129(1)(a) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 47(2); S.I. 2007/935, art. 7(o)

F4 Words in s. 129(1)(b) substituted (with application in accordance with reg. 21(1) of the amending S.I.) by The Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246), reg. 1(2), Sch. 2 para. 1(h)

F5 S. 129(6) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 47(3); S.I. 2007/935, art. 7(o)

F6 Words in s. 129(6)(b) inserted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 21(7); S.I. 2013/1800, art. 3(j)

Commencement Information

I10 S. 129 in force at 1.8.2003 by S.I. 2003/1667, art. 2

130 Repeal of School Teachers’ Pay and Conditions Act 1991 E+W

The School Teachers’ Pay and Conditions Act 1991 (c. 49) shall cease to have effect.

Commencement Information

I11 S. 130 partly in force; s. 130 not in force at Royal Assent, see s. 216; s. 130 in force for certain purposes at 1.10.2002 by S.I. 2002/2439, art. 2 (with transitional provisions and savings in Sch.); Act repealed (1.10.2002) by Education Act 2002 (c. 32), ss. 130, 216(2), Sch. 22 Pt. 1; S.I. 2002/2439, art. 2

I12 S. 130 in force at 1.8.2003 in so far as not already in force by S.I. 2003/1667, art. 2

School teachers’ appraisal E+W

131 Appraisal E+W

(1) Regulations may require the appraisal of the performance of teachers—

(a) in a manner specified by the regulations, and

(b) at times specified by or determined in accordance with the regulations.

(2) The regulations may impose a duty on—

(a) a [F2 local authority];

(b) the governing body of a school or institution;

(c) the head teacher of a school or the principal of an institution.

(3) The regulations may—

(a) require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by or chosen or determined in accordance with the regulations;

(b) permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part.

(4) The regulations may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations.

(5) The results of an appraisal may be used in determining a teacher’s remuneration.

(6) Before making regulations under this section the Secretary of State shall consult such of the following as appear to him to be appropriate—

(a) associations of [F1 local authorities] in England,

(b) [F1 local authorities] in England,

(c) bodies representing the interests of governing bodies in England,

(d) bodies representing the interests of teachers in England, F7 ...

F7 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Before making regulations under this section the National Assembly for Wales shall consult such of the following as appear to it to be appropriate—

(a) associations of [F1 local authorities] in Wales,

(b) [F1 local authorities] in Wales,

(c) bodies representing the interests of governing bodies in Wales, [F8 and]

(d) bodies representing the interests of teachers in Wales, F9 ...

F9 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F7 S. 131(6)(e) and word repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 46, Sch. 2 Pt. 1 (with art. 2(3))

F8 Word in s. 131(7)(c) inserted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 87(a) (with art. 7)

F9 S. 131(7)(e) and word omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 87(b) (with art. 7)

Commencement Information

I13 S. 131 wholly in force at 19.12.2002; s. 131 not in force at Royal Assent, see s. 216; s. 131 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); s. 131 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

School teachers’ qualifications E+W

132 Qualified teacher status E+W

(1) A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.

(2) A requirement of regulations under this section may relate to—

(a) the possession of a specified qualification or experience of a specified kind;

(b) participation in or completion of a specified programme or course of training;

(c) compliance with a specified condition;

(d) an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The National Assembly for Wales shall consult the General Teaching Council for Wales before making regulations under this section which make provision by reference to—

(a) the content of a course or programme, or

(b) the standard of education or training provided through a course or programme.

Textual Amendments

F10 S. 132(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(2); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C2 S. 132 amended (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 6(1)

Commencement Information

I14 S. 132 partly in force; s. 132 not in force at Royal Assent, see s. 216; s. 132 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I15 S. 132 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

133 Requirement to be qualified E+W

(1) Regulations may provide that specified work may not be carried out by a person in a school unless he—

(a) is a qualified teacher, or

(b) satisfies specified requirements.

(2) Regulations specifying work for the purpose of this section may make provision by reference to—

(a) one or more specified activities, or

(b) the circumstances in which activities are carried out.

(3) Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).

(4) A requirement of regulations under this section may, in particular, relate to—

(a) the possession of a specified qualification or experience of a specified kind;

(b) participation in or completion of a specified programme or course of training;

(c) compliance with a specified condition;

(d) an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.

(5) Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).

(6) In this section “school” means—

(a) a school maintained by a [F2 local authority], or

(b) a special school not so maintained.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I16 S. 133 partly in force; s. 133 not in force at Royal Assent, see s. 216; s. 133 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I17 S. 133 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

134 Requirement to be registered[F11 : teachers in Wales] E+W

(1) Regulations may provide that specified work may be carried out in a school [F12 in Wales] by a qualified teacher only if he is registered with full registration under section 3 of the Teaching and Higher Education Act 1998 (c. 30) (register maintained by General Teaching Council [F13 for Wales]).

(2) Regulations may provide that work may be carried out by a person [F14 in Wales] in reliance on section 133(1)(b) only if he is registered with provisional registration under section 3 of the Teaching and Higher Education Act 1998.

(3) Regulations may provide that a person may undertake a specified course of training with a view to becoming a qualified teacher [F15 in Wales] only if he is registered with provisional registration under that section.

(4) Regulations specifying work for the purpose of subsection (1) or (2) may make provision by reference to—

(a) one or more specified activities, or

(b) the circumstances in which activities are carried out.

(5) In this section “school” means—

(a) a school maintained by a [F2 local authority], or

(b) a special school not so maintained.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F11 Words in s. 134 heading inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(d); S.I. 2012/924, art. 2

F12 Words in s. 134(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(a)(i); S.I. 2012/924, art. 2

F13 Words in s. 134(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(a)(ii); S.I. 2012/924, art. 2

F14 Words in s. 134(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(b); S.I. 2012/924, art. 2

F15 Words in s. 134(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(c); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C3 S. 134(1) amended (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 7

Commencement Information

I18 S. 134 partly in force; s. 134 not in force at Royal Assent, see s. 216; s. 134(1)(4)(5) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I19 S. 134(1)(4)(5) in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I20 S. 134(2)(3) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

135 Head teachers E+W

(1) Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.

(2) Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).

(3) A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.

(4) Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—

(a) pending the appointment of a head teacher, or

(b) in the absence of the head teacher.

(5) In this section “school” means—

(a) a school maintained by a [F2 local authority], or

(b) a special school not so maintained.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I21 S. 135 partly in force; s. 135 not in force at Royal Assent, see s. 216; s. 135 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I22 S. 135 in force at 1.10.2003 except in relation to W. by S.I. 2003/1667, art. 5

[F16 Induction periods: teachers in England E+W

Textual Amendments

F16 Ss. 135A-135C and cross-heading inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 9, 82(3); S.I. 2012/924, art. 2

135A Requirement to serve induction period: teachers in England E+W

(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 [F17 or an alternative provision Academy that is not 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) [F18 or a 16 to 19 Academy] .

(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 [F19 institutions within the further education sector or 16 to 19 Academies] 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 [F20 or a 16 to 19 Academy] —

(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.

Textual Amendments

F17 Words in s. 135A(1)(c) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 12 (with art. 3)

F18 Words in s. 135A(1)(d) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 13(2)(a); S.I. 2012/924, art. 2

F19 Words in s. 135A(2)(k) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 13(2)(b); S.I. 2012/924, art. 2

F20 Words in s. 135A(5) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 13(2)(c); S.I. 2012/924, art. 2

135B Induction periods: appeals E+W

(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 E+W

(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).]

Further education E+W

136 Provision of education E+W

Regulations may—

(a) prohibit the provision of education at a further education institution by a person who does not have a specified qualification;

(b) prohibit the provision of education at a further education institution by a person unless he is serving or has served a probationary period;

(c) specify conditions to be complied with by or in respect of persons providing education at a further education institution.

Commencement Information

I23 S. 136 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I24 S. 136 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

137 Principals of further education institutions E+W

(1) Regulations may provide that a person may serve as the principal of a further education institution only if he has a specified qualification.

(2) Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—

(a) is of a kind specified in the regulations, and

(b) is designed to lead to the award of a qualification specified under subsection (1).

[F21 (2A) Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2).]

(3) A provision of regulations [F22 made under subsection (1) by the Welsh Ministers in relation to Wales] shall not apply to a person who has been appointed as the principal of an institution [F23 in England or Wales ”] before the commencement of the provision.

(4) Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—

(a) pending the appointment of a principal, or

(b) in the absence of the principal.

Textual Amendments

F21 S. 137(2A) inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 23(2), 32(4); S.I. 2007/3505, art. 2(d)

F22 Words in s. 137(3) substituted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 23(3)(a), 32(4); S.I. 2007/3505, art. 2(d)

F23 Words in s. 137(3) inserted (23.12.2007 for E.) by Further Education and Training Act 2007 (c. 25), ss. 23(3)(b), 32(4); S.I. 2007/3505, art. 2(d)

Commencement Information

I25 S. 137 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I26 S. 137 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

138 Training in provision of further education E+W

(1) This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1).

(2) The Secretary of State may by regulations—

(a) prohibit the provision by a further or higher education institution in England of a course to which this section applies without the approval of the Secretary of State;

(b) enable the Secretary of State to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in England;

(c) enable the Secretary of State to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in England.

(3) The National Assembly for Wales may by regulations—

(a) prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;

(b) enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;

(c) enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.

Commencement Information

I27 S. 138 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I28 S. 138 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

F24 139 Wales: provision of higher education E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 S. 139 omitted (1.9.2014) by virtue of Further and Higher Education (Governance and Information) (Wales) Act 2014 (anaw 1), ss. 7, 11(2); S.I. 2014/1706, art. 3(g)

Commencement Information

I29 S. 139 in force at 1.9.2003 by S.I. 2003/1718, art. 5, Sch. Pt. II

140 Further education: general E+W

(1) Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.

(2) Regulations under any of sections 136 to 139 may impose a function on—

(a) a [F2 local authority], or

(b) the governing body of a further or higher education institution.

(3) In sections 136 to 139—

• “education” includes vocational, social, physical and recreational training,

• “further education institution” means an institution which—

  (a)

  provides further education and is maintained by a [F2 local authority], or

  (b)

  is within the further education sector, and

• “higher education institution” means an institution which—

  (a)

  is within the higher education sector, and

  (b)

  receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I30 S. 140 in force at 1.9.2003 for W. by S.I. 2003/1718, art. 5, Sch. Pt. II

I31 S. 140 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

Health and fitness E+W

141 Health and fitness E+W

(1) Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.

(2) This section applies to an activity of a prescribed kind performed in the course of the provision of education at—

(a) a school, or

(b) a further education institution.

(3) This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—

(a) otherwise than in a school or a further education institution, and

(b) under a contract of employment or for services where the other party is a [F2 local authority] or a person exercising a function relating to the provision of education on behalf of a [F2 local authority].

(4) This section also applies to an activity of a prescribed kind (other than the provision of education) where—

(a) the activity is carried out by a person under a contract of employment or for services,

[F25 (b) the other party to the contract is—

(i) a local authority which entered into the contract for purposes connected with any of their education functions,

(ii) the governing body of a school, or

(iii) a further education institution,]

(c) the activity regularly brings the person into contact with children.

(5) In this section—

• “child” means a person who has not attained the age of 18 years,

• “education” includes vocational, social, physical and recreational training,

• “further education institution” has the meaning given by section 140, and

• “school” means—

  (a)

  a school maintained by a [F2 local authority], or

  (b)

  a special school not so maintained.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F25 S. 141(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(9)

Commencement Information

I32 S. 141 partly in force; s. 141 not in force at Royal Assent, see s. 216; s. 141 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I33 S. 141 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

[F26 Teacher misconduct etc: England E+W

Textual Amendments

F26 Ss. 141A-141E and cross-heading inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 8(1), 82(3); S.I. 2012/924, art. 2

141A Teachers to whom sections 141B to 141E apply E+W

(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,

[F27 (ba) a 16 to 19 Academy,]

(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).

Textual Amendments

F27 S. 141A(1)(ba) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 13(3); S.I. 2012/924, art. 2

141B Investigation of disciplinary cases by Secretary of State E+W

(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 E+W

(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 E+W

(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 [F28 or 16 to 19 Academy];

  (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).

Textual Amendments

F28 Words in s. 141D(4) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 13(4); S.I. 2012/924, art. 2

141E Supply of information by contractor, agency etc E+W

(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.]

[F29 Allegations of offences committed by teachers in England and Wales: reporting restrictions E+W

Textual Amendments

F29 Ss. 141F-141H and cross-heading inserted (1.10.2012) by Education Act 2011 (c. 21), ss. 13(1), 82(3); S.I. 2012/2213, art. 3

141F Restrictions on reporting alleged offences by teachers E+W

(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 subsection (2).

(2) An allegation falls within this subsection if—

(a) it is an allegation that the person is or may be guilty of a relevant criminal offence, and

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

(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 a magistrates' court for an order dispensing with the restrictions imposed by subsection (3).

(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—

(a) the person who is the subject of the allegation, and

(b) the victim of the offence to which the allegation relates.

(6) The power under subsection (5) may be exercised by a single justice.

(7) In the case of a decision 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

(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.

(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.

(10) The restrictions in subsection (3) cease to apply once proceedings for the offence have been instituted.

(11) The restrictions in subsection (3) also cease to apply if—

(a) the Secretary of State publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B (investigation of disciplinary cases by Secretary of State) relating to the same allegation, or

(b) the General Teaching Council for Wales publishes information about the person who is the subject of the allegation in connection with an investigation, hearing or determination under Schedule 2 to the Teaching and Higher Education Act 1998 (investigation of disciplinary cases by the General Teaching Council for Wales) relating to the same allegation.

(12) The restrictions in subsection (3) also cease to apply if—

(a) the person who is the subject of the allegation includes a matter in a publication, or

(b) another person includes a matter in a publication with the written consent of the person who is the subject of the allegation;

and, in either case, the inclusion of the matter in the publication would otherwise be in breach of subsection (3).

(13) Written consent is to be ignored for the purposes of subsection (12)(b) if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it.

(14) In this section—

• “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 addressed), but does not include—

  (a)

  an indictment or other document prepared for use in particular legal proceedings, or

  (b)

  a document published by the regulator of a profession of which the person who is the subject of the allegation is a member in connection with disciplinary proceedings in relation to the person;

• “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 registered pupil at the school;

• “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

(15) For the purposes of this section, proceedings for an offence are instituted at the earliest of the following times—

(a) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence;

(b) when a public prosecutor issues a written charge and requisition in respect of the offence;

(c) when a person is charged with the offence after being taken into custody without a warrant;

(d) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933.

141G Offence of breach of reporting restrictions E+W

(1) This section applies if a publication includes any matter in breach of section 141F (3).

(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 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.

(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—

(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 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.

(9) Schedule 11B contains supplementary provision relating to an offence under this section.

141H Defences E+W

(1) Where a person is charged with an offence under section 141G, it is a defence for the person to prove either of the matters mentioned in subsection (2).

(2) The matters are—

(a) that, at the time of the alleged offence, the person was not 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.]

Misconduct etc. E+W

142 Prohibition from teaching, etc. E+W

[F30 (1) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may direct that a person—

(a) may not carry out work to which this section applies;

(b) may carry out work to which this section applies only in circumstances specified in the direction;

(c) may carry out work to which this section applies only if conditions specified in the direction are satisfied.

(2) This section applies to—

(a) providing education at a school,

(b) providing education at a further education institution,

(c) providing education under a contract of employment or for services where the other party to the contract is a [F2 local authority] or a person exercising a function relating to the provision of education on behalf of a [F2 local authority], and

(d) taking part in the management of an independent school.

(3) This section also applies to work of a kind which—

(a) brings a person regularly into contact with children, and

(b) is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).

(4) A direction under this section may be given in respect of a person only—

(a) on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (list of individuals considered unsuitable to work with children),

(b) on the grounds that the person is unsuitable to work with children,

(c) on grounds relating to the person’s misconduct,

(d) on grounds relating to the person’s health, or

(e) in the case of a direction given by virtue of subsection (2)(d), on grounds relating to the person’s professional incompetence (or on a ground mentioned in any of paragraphs (a) to (d)).

(5) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

(6) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may vary or revoke a direction under this section except in a case where—

(a) the direction was given on the grounds that a person is unsuitable to work with children, and

(b) the person claims that he is no longer unsuitable to work with children.

(7) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (6).

(8) Where a person is subject to a direction under this section, a relevant employer shall not use the person to carry out work in contravention of the direction.

(9) In this section—

• “child” means a person who has not attained the age of 18 years,

• “education” includes vocational, social, physical and recreational training,

• “further education institution” has the meaning given by section 140,

• “relevant employer” means—

  (a)

  [F2 local authority] [F31 exercising an education function],

  (b)

  a person exercising a function relating to the provision of education on behalf of a [F2 local authority],

  (c)

  the proprietor of a school, or

  (d)

  the governing body of a further education institution, and

• “school” includes an independent school.]

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F30 Ss. 142-144 repealed (12.10.2009 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 4

F31 Words in s. 142(9)(a) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(10)(a)

Modifications etc. (not altering text)

C4 S. 142 modified by 1998 c. 30, s. 15 (as inserted (31.3.2003 for W., 1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 83 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3)

Commencement Information

I34 S. 142 partly in force; s. 142 not in force at Royal Assent, see s. 216; s. 142 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I35 S. 142 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I36 S. 142 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

143 Directions under section 142: contractor, agency, etc. E+W

[F30 (1) A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction.

(2) If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

(3) If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

(4) A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order.

(5) A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.]

Textual Amendments

F30 Ss. 142-144 repealed (12.10.2009 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 4

Commencement Information

I37 S. 143 partly in force; s. 143 not in force at Royal Assent, see s. 216; s. 143 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I38 S. 143 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I39 S. 143 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

144 Directions under section 142: appeal E+W

[F30 (1) A person in respect of whom a direction has been given under section 142 may appeal to the [F32 First-tier Tribunal] —

(a) against the decision to give the direction;

(b) against a decision not to vary or revoke the direction.

(2) In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.

(3) This subsection applies to a case where—

(a) the direction was given on the grounds that the applicant is unsuitable to work with children,

(b) the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and

(c) the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.

(4) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—

(a) provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence;

(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;

(c) prescribe the powers available to the Tribunal on allowing an appeal under this section;

(d) prescribe circumstances in which the Tribunal shall grant an application for leave under this section;

(e) prescribe circumstances in which the Tribunal shall grant an application for a review under this section;

(f) prescribe the powers available to the Tribunal on revoking a direction.]

Textual Amendments

F30 Ss. 142-144 repealed (12.10.2009 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 4

F32 Words in s. 144(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 193

Commencement Information

I40 S. 144 partly in force; s. 144 not in force at Royal Assent, see s. 216; s. 144 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I41 S. 144 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I42 S. 144 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3

Sections 132 to 140: general E+W

145 Specification of qualification or course E+W

(1) A power under sections 132 to 140 to make provision by reference to a specified qualification, a specified course of education or training or a specified programme includes power to make provision—

(a) by reference to a class or description of qualification, course or programme;

(b) by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme;

(c) which confers discretion on the Secretary of State, F33 ... F34 ... the National Assembly for Wales, the Higher Education Funding Council for Wales, the General Teaching Council for Wales or another specified person.

(2) A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution.

(3) Regulations made by virtue of subsection (1) may impose a duty on F35 ... the Higher Education Funding Council for Wales.

Textual Amendments

F33 Words in s. 145(1)(c) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 17(a); S.I. 2012/924, art. 2

F34 Words in s. 145(1)(c) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(4); S.I. 2012/924, art. 2

F35 Words in s. 145(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 17(b); S.I. 2012/924, art. 2

Commencement Information

I43 S. 145 partly in force; s. 145 not in force at Royal Assent, see s. 216; s. 145 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I44 S. 145 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

146 Repeal of sections 218 and 218A of Education Reform Act 1988 E+W

Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.

Commencement Information

I45 S. 146 in force at 31.3.2003 for specified purposes for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I46 S. 146 in force at 31.3.2003 for specified purposes for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I47 S. 146 in force at 1.6.2003 for specified purposes except in relation to W. by S.I. 2003/1115, art. 3

I48 S. 146 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3 (with Sch. para ss. 2, 3)

I49 S. 146 in force at 1.9.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 4

I50 S. 146 in force at 1.10.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 5

I51 S. 146 in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2

I52 S. 146 in force at 2.1.2008 for W. so far as not already in force by S.I. 2007/3611, art. 4(1), Sch. Pt. 1 (with Sch. Pt paras. 2, 3)

1999 Pay Document E+W

147 Application of pay-scale E+W

(1) This section—

(a) applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers’ Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and

(b) shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions).

(2) Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded.

(3) Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point.

(4) In paragraph 18.1.1 (good honours degree)—

(a) paragraph (a) shall be ignored,

(b) paragraph (b) shall be treated as applying irrespective of the date of a person’s appointment to his first post following qualification as a teacher, and

(c) in paragraph (c) the words “before 1st September has been employed as a qualified teacher and who” shall be ignored.

General Teaching Councils for England and Wales E+W

148 The General Teaching Councils for England and Wales E+W

Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.

Commencement Information

I53 S. 148 partly in force; s. 148 not in force at Royal Assent, see s. 216; s. 148 in force for certain purposes for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); s. 148 in force for certain purposes for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I and for certain further purposes for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II

I54 S. 148 in force at 31.3.2003 for specified purposes for W. by S.I. 2002/3185, art. 5, Sch. Pt. II

I55 S. 148 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3

I56 S. 148 in force at 31.5.2006 for specified purposes for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1

I57 S. 148 in force at 6.11.2006 so far as not already in force except in relation to W. by S.I. 2006/2895, art. 2