Teaching and Higher Education Act 1998

to contribute to improving the standards of teaching and the quality of learning, and

to maintain and improve standards of professional conduct amongst teachers,

are exercisable by them in relation to both England and Wales at any time before the date specified in an order under section 8(1) (establishment of General Teaching Council for Wales); and

are exercisable by them in relation to England only at any time on or after that date.

teachers,

employers of teachers,

providers of teacher training,

persons concerned with the teaching of persons with special educational needs,

religious bodies involved in the provision of education,

parents of pupils,

commerce and industry, and

the general public,

either are for the time being employed or otherwise engaged to provide their services as teachers or have had such recent employment or engagement as teachers as may be prescribed; and

satisfy such other criteria as to eligibility for appointment or election to the Council as may be prescribed.

in relation to any time before that date, references to the Council in any enactment shall accordingly be construed as references to the General Teaching Council for England and Wales, and

any reference to the Council by that name in an instrument or document made before that date shall be construed on or after that date as a reference to the General Teaching Council for England.

the Secretary of State, and

such other persons or bodies as he may from time to time designate,

standards of teaching;

standards of conduct for teachers;

the role of the teaching profession;

the training, career development and performance management of teachers;

recruitment to the teaching profession;

the supply of teachers;

the retention of teachers within the teaching profession;

the standing of the teaching profession;

medical fitness to teach.

on such matters falling within subsection (2), or

on such other matters relating to teaching,

subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),

subject to a disciplinary order made under Schedule 2 to this Act by virtue of which he is not eligible for registration, or

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

(subject to such exceptions as may be prescribed by, or determined by the Secretary of State under, regulations) ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any prescribed provision of the law of Scotland or of Northern Ireland.

the form and manner in which applications for registration are to be made;

the documentary and other evidence which is to accompany applications for registration;

the registration, on the establishment of the register, of persons who have not made such applications;

the matters which are to be recorded in the register against the names of those registered in it;

the division of the register into separate parts;

the restoration and alteration of entries and their transfer between different parts of the register (where separate parts are required by virtue of paragraph (e));

the charging by the Council of fees authorised by virtue of subsection (4);

the issue and form of certificates of registration;

the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available.

a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),

a disciplinary order made under Schedule 2 to this Act.

applications for registration or for the restoration of entries in the register;

registration in accordance with subsection (2)(c); or

the retention of entries in the register;

their functions under this Act relating to registration, and

all other functions conferred on them under this Act or any other enactment.

as to the consequences of any failure by a registered teacher to comply with the provisions of the code;

for the provision by the Council of copies of the code, either on payment of a reasonable charge decided by the Council or, in such circumstances as may be determined in accordance with the regulations, free of charge.

giving advice,

organising conferences and lectures, and

arranging for the publication of material in any form.

for the transfer of staff; and

for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with that function by the Council.

it is stamped with the duty to which it would, but for this section, be liable, or

it has, in accordance with the provisions of section 12 of the M3Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

recruitment to the teaching profession, or

the continuing professional development of teachers.

giving advice;

organising conferences and lectures; and

arranging for the publication of material in any form.

for any determination made under those regulations as they apply in relation to England to be treated, in relation to Wales, as if it were a determination made under those regulations as they apply in relation to Wales, and

for any determination made under those regulations as they apply in relation to Wales to be treated, in relation to England, as if it were a determination made under those regulations as they apply in relation to England.

to deduct (or arrange for the deduction) from the salary of such teachers any fee payable by virtue of section 4(4) in respect of the registration or retention of an entry on the register relating to any such teacher, and

to remit that fee to the relevant Council.

registered in the register, or

required to be registered in the register by virtue of section 134 of the Education Act 2002

the arrangements to be adopted by employers of teachers to whom this section applies for the deduction and remittance of fees,

the administration charges which may be deducted from any fees remitted to the relevant Council, and

the notification to the relevant Council by employers of such teachers of such particulars relating to those teachers as the regulations may specify.

statistical analysis, or

any other function of his relating to teachers.

to such other person or body, and

for such purposes and subject to such conditions,

has ceased to use a person’s services on a ground mentioned in section 142 of the Education Act 2002, or

might have ceased to use a person’s services on a ground mentioned in that section had the person not ceased to provide those services.

the Secretary of State, and

where the person is a registered teacher, the Council.

the National Assembly for Wales, and

where the person is a registered teacher, the General Teaching Council for Wales.

has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002,

might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or

might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.

the Secretary of State, and

where the person is a registered teacher, the Council.

the National Assembly for Wales, and

where the person is a registered teacher, the General Teaching Council for Wales.

a relevant school, F11or

in such circumstances as may be prescribed, an independent school F12or

in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).

as to the length of the induction period in any prescribed circumstances;

as to periods of employment which are to count towards the induction period;

precluding a person from serving more than one induction period except in any prescribed circumstances;

precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served;

as to the supervision and training of a person during his induction period;

authorising the Secretary of State to determine the standards against which a person F13. . . is to be assessed for the purpose of deciding whether he has satisfactorily completed an induction period;

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);

requiring the appropriate body to inform the Secretary of State and either the Council or the General Teaching Council for Wales of any decision under paragraph (g);

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 F14or to further education institutions or of training for teachers);

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;

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.

the Secretary of State, or

the Council or the General Teaching Council for Wales;

provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;

provide for approval to be general or specific;

make provision (including transitional provision) about the withdrawal of approval;

impose conditions or limitations on the appropriate body’s power to give or withhold approval.

continues to be employed at the school, but

is not undertaking his normal teaching duties there,

any reference to a school’s budget share or to its not having a delegated budget has the same meaning as in Part II of the School Standards and Framework Act 1998,

“relevant school” means a school maintained by a local education authority or a special school not so maintained,

“independent school” has the same meaning as in the Education Act 1996.

“a further education institution” means an institution within the further education sector.

a reference to a school term shall be taken as a reference to a term of the institution;

a reference to the head teacher of a school shall be taken as a reference to the principal of the institution.

the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and

in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).

higher education courses, or

further education courses,

for determining whether a person is an eligible student in relation to any grant or loan available under this section;

prescribing, in relation to any such grant or loan and an academic year, the maximum amount available to any person for any prescribed purpose for that year;

where the amount of any such grant or loan may vary to any extent according to a person’s circumstances, for determining, or enabling the determination of, the amount required or authorised to be paid to him;

prescribing categories of attendance on higher education courses or further education courses which are to qualify for any purposes of the regulations;

for any grant under this section to be made available on such terms and conditions as may be prescribed by, or determined by the Secretary of State under, the regulations, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined;

requiring the making of payments in respect of any such grant to be suspended or terminated in any such circumstances;

prescribing requirements or other provisions, whether as to repayment or otherwise, which are for the time being to apply in relation to loans under this section (including requirements or other provisions taking effect during the currency of such loans so as to add to, or otherwise modify, those for the time being applying in relation to the loans);

authorising grants in respect of fees payable in connection with F23attendance on courses to be paid directly to institutions charging the fees;

requiring prescribed amounts payable to eligible students under loans under this section to be paid directly to institutions who have previously made loans of any prescribed description to those persons;

modifying any enactment or instrument (whenever passed or made) so as to provide for the treatment, in connection with any calculation with respect to the income (however defined) of persons to whom grants or loans are made under this section, of amounts due from or payable to such persons under such grants or loans;

for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals).

for such loans to bear compound interest at such rates, and calculated in such manner, as may be prescribed from time to time;

for such loans to be repaid in such manner, at such times, and to such person or body as may be prescribed from time to time;

for the payment, in respect of amounts overpaid by borrowers, of interest at such rate, and calculated in such manner, as may be determined by the Secretary of State from time to time;

with respect to sums which a borrower receives, or is entitled to receive, under such a loan after the commencement of his bankruptcy or the date of the sequestration of his estate.

with respect to the effect of bankruptcy upon a borrower’s liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after the commencement of the bankruptcy).

such regulations may make provision, for the purpose of calculating the interest to be borne by such loans, for repayments by borrowers to be treated as having been made or received on such date or dates as may be prescribed by the regulations.

imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to the keeping and production of records for such purposes as may be prescribed;

enabling the Secretary of State to require the reimbursement by borrowers of costs or expenses of any prescribed description incurred by him in connection with the recovery of unpaid amounts;

applying or extending with or without modification, for purposes connected with the recovery of amounts under regulations made by virtue of this subsection, any of the provisions of the Taxes Acts or of F51PAYE regulations;

determining the priority as between deductions falling to be made by virtue of paragraph (a)(i) and deductions falling to be made, from emoluments payable to borrowers, by virtue of other enactments (whenever passed).

“employers” means persons who make payments of, or on account of, F52PAYE income, and

“the Taxes Acts” has the same meaning as in the M13Taxes Management Act 1970.

the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of such grants in real terms, or

a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

a local education authority for the purposes of the M15Education Act 1996, or

the governing body of an institution F24with which eligible students (within the meaning of such regulations) are F25undertaking courses.

in the case of an authority which is not operating executive arrangements, section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities),

section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities), and

to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (4) as he may determine, and

to be so made to a person or body appointed by him for the purpose.

in a case where the function is exercisable by virtue of subsection (4), such remuneration as he may determine.

require the provision of returns or other information before any such payment is made;

relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

a local education authority for the purposes of the M64Education Act 1996, or

the governing body of an institution F76with which eligible students (within the meaning of such regulations) are F77undertaking courses.

in the case of an authority which is not operating executive arrangements, section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities),

section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities), and

to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (4) as he may determine, and

to be so made to a person or body appointed by him for the purpose.

in a case where the function is exercisable by virtue of subsection (4), such remuneration as he may determine.

require the provision of returns or other information before any such payment is made;

relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

by the Commissioners of Inland Revenue, or

by a person providing services to those Commissioners and in connection with the provision of those services.

the Secretary of State or the Department of Education for Northern Ireland,

any person or body acting on behalf of the Secretary of State or that Department under the delegation of functions provisions, or

any authority or governing body by whom any function of the Secretary of State or that Department is for the time being exercisable to any extent by virtue of the transfer of functions provisions,

to a person or body to whom it could be supplied under that subsection, or

for the purposes of any civil or criminal proceedings arising out of the student loans scheme.

“the delegation of functions provisions” means section 23(4) of this Act or section 73A(3) of the M16Education (Scotland) Act 1980;

“the transfer of functions provisions” means section 23(1) of this Act or section 73A(1) of that Act; and

for any function exercisable by the designated person or body by virtue of paragraph (a)(i) to be exercisable in such modified form as is so specified;

for the transfer to the designated person or body of rights or liabilities arising under or by virtue of any relevant enactment;

for any such enactment to have effect with such modifications as are so specified;

imposing on persons or bodies of any description so specified requirements with respect to the transfer and preservation of records.

the M17Education Act 1962,

section 3 of the M18Education Act 1973, or

the M19Education (Student Loans) Act 1990,

the Scottish higher education principals,

the Committee of Vice-Chancellors and Principals, and

such other bodies as he considers appropriate,

the Higher Education Funding Council for England,

the Higher Education Funding Council for Wales, or

the Teacher Training Agency,

in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given, or

in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate.

a condition is imposed under F30subsection (4) in connection with any grants, loans or other payments made to the governing body of a relevant institution, and

those payments are to any extent so made in respect of persons F29undertakinga course which is provided in whole or part by any other institution,

any condition under F33subsection (3) imposed by the Secretary of State; or

any condition under F30subsection (4) imposed by any of those Councils or that Agency.