- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Education Act 2002, SCHEDULE 12 is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 148
1E+WThe Teaching and Higher Education Act 1998 (c. 30) is amended as follows.
Commencement Information
I1Sch. 12 para. 1 wholly in force at 19.12.2002; Sch. 12 para. 1 not in force at Royal Assent, see s. 216; Sch. 12 para. 1 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 1 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
2E+WIn section 2 (which relates to the advisory functions of the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales), in subsection (2) before the word “and” immediately following paragraph (e) there is inserted—
“(ee)the supply of teachers;
(ef)the retention of teachers within the teaching profession;
(eg)the standing of the teaching profession;”.
Commencement Information
I2Sch. 12 para. 2 wholly in force at 19.12.2002; Sch. 12 para. 2 not in force at Royal Assent, see s. 216; Sch. 12 para. 2 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 2 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
3(1)Section 3 (which relates to the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.E+W
(2)In subsection (1) for “a register of teachers” there is substituted “ a register for the purposes of this Chapter ”.
(3)In subsection (2), for “registration” there is substituted “ full or provisional registration ”.
(4)In subsection (3) for “registration”, where first occurring and in paragraph (b), there is substituted “ full registration ”.
(5)After subsection (3) there is inserted—
“(3A)A person is eligible for provisional registration if he satisfies such conditions as may be prescribed.
(3B)A person is not eligible for provisional registration or full registration unless at the relevant time the Council are or were satisfied as to his suitability to be a teacher.
(3C)In subsection (3B) “the relevant time” means—
(a)in relation to an applicant for provisional registration or an applicant for full registration who is already registered with provisional registration, the time of provisional registration, or
(b)in the case of an applicant for full registration who is not already registered with provisional registration, the time of full registration.
(3D)Regulations may provide that any prescribed description of person is, or is not, to be taken to be suitable to be a teacher.”
(6)In subsection (4), for “registration” there is substituted “ full registration ”.
Commencement Information
I3Sch. 12 para. 3(1) (2) (4) (6) in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3
I4Sch. 12 para. 3(1) in force at 31.5.2006 for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1
I5Sch. 12 para. 3(3) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3
I6Sch. 12 para. 3(3) 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
I7Sch. 12 para. 3(5) in force at 31.5.2006 for specified purposes for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1 (with Sch. Pt. 2)
I8Sch. 12 para. 3(5) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2
4(1)Section 4 (which relates to regulations about the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.E+W
(2)In subsection (2), after paragraph (b) there is inserted—
“(ba)the service on applicants for registration of notice of the Council’s decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and (where applicable) of the applicant’s right to appeal against the decision under section 4A;”.
(3)After subsection (4) there is inserted—
“(4A)The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising—
(a)their functions under this Act relating to registration, and
(b)all other functions conferred on them under this Act or any other enactment.”
(4)After subsection (5) there is inserted—
“(6)In this section “registration” means full registration or provisional registration.”
Commencement Information
I9Sch. 12 para. 4 partly in force; Sch. 12 para. 4 not in force at Royal Assent, see s. 216; Sch. 12 para. 4(1)(3) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 4(1)(3) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
I10Sch. 12 para. 4(2) in force at 31.5.2006 for W. by S.I. 2006/1336, art. 4, Sch. Pt. 1
I11Sch. 12 para. 4(2) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2
I12Sch. 12 para. 4(4) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3
I13Sch. 12 para. 4(4) 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
5E+WAfter section 4 there is inserted—
(1)Regulations shall make provision for conferring on a person aggrieved by a decision made on relevant grounds to refuse an application made by him for registration under section 3 a right to appeal against the decision to the High Court within 28 days from the date on which notice of the decision is served on him.
(2)The reference in subsection (1) to a decision made on relevant grounds is to a decision made on the ground that at the relevant time the Council were not satisfied of the applicant’s suitability to be a teacher.
(3)On such an appeal the Court may make any order which appears appropriate.
(4)No appeal shall lie from any decision of the Court on such an appeal.”
Commencement Information
I14Sch. 12 para. 5 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2
6E+WAfter section 6 there is inserted—
(1)The Council may undertake activities designed to promote the standing of the teaching profession.
(2)Without prejudice to the generality of subsection (1), such activities may include—
(a)giving advice,
(b)organising conferences and lectures, and
(c)arranging for the publication of material in any form.”
Commencement Information
I15Sch. 12 para. 6 wholly in force at 19.12.2002; Sch. 12 para. 6 not in force at Royal Assent, see s. 216; Sch. 12 para. 6 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 6 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
F17E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 12 para. 7 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(5); S.I. 2012/924, art. 2
8E+WIn section 12 (deduction of fees from salaries etc) in subsection (4), after “section—” there is inserted—
““registration” means full registration or provisional registration;”.
Commencement Information
I16Sch. 12 para. 8 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3
I17Sch. 12 para. 8 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
9E+WIn section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after “section 7 or 8” there is inserted “ or paragraph 18 of Schedule 1 ”.
Commencement Information
I18Sch. 12 para. 9 partly in force; Sch. 12 para. 9 not in force at Royal Assent, see s. 216; Sch. 12 para. 9 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)
10E+WIn section 43(1) (general interpretation), in the definition of “registered teacher” after “section 3” there is inserted “ with full or provisional registration ”.
Commencement Information
I19Sch. 12 para. 10 in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3
I20Sch. 12 para. 10 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
11E+WIn Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—
18(1)The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2).
(2)Those provisions are—
(a)paragraph 2(3),
(b)paragraph 4,
(c)paragraph 5,
(d)paragraph 6,
(e)paragraph 11
(f)paragraph 14(2).”
Commencement Information
I21Sch. 12 para. 11 partly in force; Sch. 12 para. 11 not in force at Royal Assent, see s. 216; Sch. 12 para. 11 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.)
12(1)Schedule 2 (disciplinary powers of Council) is amended as follows.E+W
(2)For paragraph 4 (suspension orders) there is substituted—
“4(1)Where a suspension order is made in relation to a person—
(a)he shall cease to be eligible for registration under section 3, and
(b)if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly,
but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order.
(2)A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so—
(a)that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and
(b)if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions.
(3)Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order.
(4)A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions.”
(3)In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—
“(1A)References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration.”
Commencement Information
I22Sch. 12 para. 12 partly in force; Sch. 12 para. 12 not in force at Royal Assent, see s. 216; Sch. 12 para. 12(1)(2) in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); Sch. 12 para. 12(1)(2) in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II
I23Sch. 12 para. 12(1)(2) in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II
I24Sch. 12 para. 12(3) in force at 1.8.2003 for specified purposes except in relation to W. by S.I. 2003/1667, art. 3
I25Sch. 12 para. 12(3) 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
Textual Amendments
F2Sch. 12 Pt. 2 repealed (6.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 17 Pt. 2; S.I. 2006/378, art. 7(f)
F213E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commencement Information
I26Sch. 12 para. 13 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2
F214E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commencement Information
I27Sch. 12 para. 14 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2
F215E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Commencement Information
I28Sch. 12 para. 15 in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys