- Latest available (Revised)
- Point in Time (27/01/2014)
- Original (As enacted)
Version Superseded: 01/06/2003
Point in time view as at 27/01/2014. This version of this part contains provisions that are prospective.
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Teaching and Higher Education Act 1998, Part I is up to date with all changes known to be in force on or before 08 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.
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Textual Amendments
F1Words in Pt. I Ch. I heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 2; S.I. 2012/924, art. 2
Textual Amendments
F2Words in s. 1 cross-heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 3; S.I. 2012/924, art. 2
[F4(1)In this Act, “the Council” means the General Teaching Council for Wales (see section 8).]
(2)The principal aims of the Council in exercising their functions are—
(a)to contribute to improving the standards of teaching and the quality of learning, and
(b)to maintain and improve standards of professional conduct amongst teachers,
in the interests of the public.
[F5(3)The functions conferred on the Council by or under this Chapter are exercisable by them only in relation to Wales.]
(4)In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the [F6Equality Act 2010].
(5)The Council shall be constituted in accordance with regulations made by the Secretary of State; and regulations under this subsection may authorise the Council to make rules with respect to such matters relating to their constitution as may be specified in the regulations.
(6)In exercising his power to make regulations under subsection (5), the Secretary of State shall have regard to the desirability of the Council’s membership reflecting the interests of—
(a)teachers,
(b)employers of teachers,
(c)providers of teacher training,
(d)persons concerned with the teaching of persons with special educational needs,
(e)religious bodies involved in the provision of education,
(f)parents of pupils,
(g)commerce and industry, and
(h)the general public,
and such other interests as in the opinion of the Secretary of State will enable the Council to carry out their functions more effectively.
(7)Regulations under subsection (5) must be framed so as to secure that a majority of the members of the Council are registered teachers who—
(a)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
(b)satisfy such other criteria as to eligibility for appointment or election to the Council as may be prescribed.
F7(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)Schedule 1 to this Act has effect in relation to the Council.
F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3S. 1 heading heading substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 7(5), 82(3); S.I. 2012/924, art. 2
F4S. 1(1) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 7(2), 82(3); S.I. 2012/924, art. 2
F5S. 1(3) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 7(3), 82(3); S.I. 2012/924, art. 2
F6Words in s. 1(4) substituted by Equality Act 2010 (c. 15), Sch. 26 Pt. 1 para. 43 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5); S.I. 2010/2317, art. 2
F7S. 1(8) repealed (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 74, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3
F8S. 1(10) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), ss. 7(4), 82(3); S.I. 2012/924, art. 2
Modifications etc. (not altering text)
C1S. 1(2)(4)-(9) applied (with modifications) (30.12.1998) by S.I. 1998/2911, art. 3 (as amended (31.3.2003) by 2002/2940, art. 2)
Commencement Information
I1S. 1 wholly in force at 1.9.2000; s. 1 not in force at Royal Assent see s. 46(4); s. 1(1) in force for specified purposes and s. 1(2)-(10) wholly in force at 1.10.1998 by S.I. 1998/2215, art. 2; s. 1(1) in force at 1.9.2000 in so far as not already in force by S.I. 2000/970, art. 3
Textual Amendments
F9Word in s. 2 cross-heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 4; S.I. 2012/924, art. 2
(1)The Council shall from time to time advise—
(a)the Secretary of State, and
(b)such other persons or bodies as he may from time to time designate,
on such matters falling within subsection (2) as they think fit.
(2)Those matters are—
(a)standards of teaching;
(b)standards of conduct for teachers;
(c)the role of the teaching profession;
(d)the training, career development and performance management of teachers;
(e)recruitment to the teaching profession;
[F11(ee)the supply of teachers;
(ef)the retention of teachers within the teaching profession;
(eg)the standing of the teaching profession;]
and
(f)medical fitness to teach.
(3)The Council shall also advise the Secretary of State—
(a)on such matters falling within subsection (2), or
(b)on such other matters relating to teaching,
as he may from time to time require.
F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)The Council may give advice on such matters falling within subsection (2) as they think fit to such persons or bodies as they may from time to time determine.
(6)Any advice given by the Council on matters falling within subsection (2) shall be advice of a general nature.
(7)The Council may publish advice given by them under subsection (1), (3) or (5).
Textual Amendments
F10Words in s. 2 heading heading substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 5; S.I. 2012/924, art. 2
F11S. 2(2)(ee)(ef)(eg) inserted (1.10.2002 (E.) and 19.12.2002 (W.)) by 2002 c. 32, s. 148, Sch. 12 para. 2 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F12S. 2(4) repealed (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 3, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch. (with arts. 5-7) (as amended (30.3.2010) by S.I. 2010/1101, arts. 6-11)
Commencement Information
I2S. 2 wholly in force at 1.6.2001; s. 2 not in force at Royal Assent see s. 46(4); s. 2(1)-(3)(5)-(7) in force at 1.9.2000 by S.I. 2000/970, art. 3; s. 2(4) in force at 30.4.2001 (W.) and 1.6.2001 (E.) by S.I. 2001/1211, arts. 3, 4
(1)The Council shall establish and maintain [F13a register for the purposes of this Chapter] (“the register”).
(2)The register shall contain the name of every person who is eligible for [F14full or provisional registration] and applies to be registered in the register in accordance with regulations made under section 4.
(3)M1A person is eligible for [F15registration] [F15full registration] if he is a qualified teacher [F16within the meaning of section 218(2) of the Education Reform Act 1988] and he is not for the time being—
[F17(a)subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),]
[F18(aa)barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006),]
(b)subject to a disciplinary order made under Schedule 2 to this Act by virtue of which he is not eligible for [F15registration] [F15full registration], or
F19(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)(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.
[F20(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.]
(4)Except in such circumstances as may be prescribed, a person is not eligible for [F21registration] [F21full registration] if, having served an induction period in accordance with regulations under section 19, he has failed to complete it satisfactorily for the purposes of those regulations.
Textual Amendments
F13Words in s. 3(1) substituted (1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 3(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3
F14Words in s. 3(2) substituted (1.8.2003 for E. for specified purposes, 6.11.2006 so far as not already in force except in relation to W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 3(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3; S.I. 2006/2895, art. 2
F15Words in s. 3(3) substituted (6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 3(4) (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2
F16Words in s. 3(3) repealed (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 76(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3
F17S. 3(3)(a) substituted (31.3.2003 for W., 1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 76(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3
F18S. 3(3)(aa) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 4 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.
F19S. 3(3)(c) repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. 3
F20S. 3(3)-(3D) inserted (6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 3(5) (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2
F21Words in s. 3(4) substituted (6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 3(6) (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2
Commencement Information
I3S. 3 wholly in force at 1.9.2000; s. 3 not in force at Royal Assent see s. 46(4); s. 3(3)(d)(4) in force for certain purposes at 5.4.2000 and for remaining purposes 1.9.2000 and s. 3(1)(2)(3)(a)-(c) in force at 1.9.2000 by S.I. 2000/970, arts. 2, 3
Marginal Citations
(1)Regulations may make provision as to the form and manner in which the register is to be kept and other matters relating to registration.
(2)Regulations under this section may, in particular, make provision as to—
(a)the form and manner in which applications for registration are to be made;
(b)the documentary and other evidence which is to accompany applications for registration;
[F22(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;]
(c)the registration, on the establishment of the register, of persons who have not made such applications;
(d)the matters which are to be recorded in the register against the names of those registered in it;
(e)the division of the register into separate parts;
(f)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));
(g)the charging by the Council of fees authorised by virtue of subsection (4);
(h)the removal of entries from the register in circumstances where the persons concerned—
(i)have ceased to be eligible for registration, or
(ii)have failed to pay any such fee,
or otherwise;
(i)the issue and form of certificates of registration;
(j)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.
(3)Regulations made in pursuance of subsection (2)(d) may require the recording of any restrictions for the time being in force in relation to a person as the result of—
[F23(a)a direction given under section 142 of the Education Act 2002 (prohibition from teaching, &c.),]
(b)a disciplinary order made under Schedule 2 to this Act.
(4)For the purposes of subsection (2)(g) regulations under this section may authorise the Council (subject to such exceptions as may be provided for by or under the regulations) to charge fees fixed by them with the approval of the Secretary of State in respect of—
(a)applications for registration or for the restoration of entries in the register;
(b)registration in accordance with subsection (2)(c); or
(c)the retention of entries in the register;
and the regulations may accordingly authorise the Council to refuse an application falling within paragraph (a) above until the appropriate fee has been paid.
[F24(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.]
(5)Regulations under this section may authorise the Council to make provision in relation to any matter as to which provision may be made by regulations under this section.
[F25(6)In this section “registration” means full registration or provisional registration.]
Textual Amendments
F22S. 4(2)(ba) inserted (6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 4(2) (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2
F23S. 4(3)(a) substituted (31.3.2003 for W., 1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 77 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3
F24S. 4(4A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 148, Sch. 12 para. 4(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F25S. 4(6) inserted (1.8.2003 for E. for specified purposes, 6.11.2006 so far as not already in force except in relation to W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 4(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3; S.I. 2006/2895, art. 2
(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.]
Textual Amendments
F26S. 4A inserted (6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 5 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2
(1)Regulations may make provision for, and in connection with, authorising the Council to issue, and from time to time revise, a code laying down standards of professional conduct and practice expected of registered teachers.
(2)Regulations under this section may, in particular, make provision—
(a)as to the consequences of any failure by a registered teacher to comply with the provisions of the code;
(b)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.
(3)Regulations made in pursuance of subsection (2)(a) may provide for any failure by a registered teacher to comply with the provisions of the code to be taken into account in any proceedings against him under Schedule 2.
Schedule 2 (which makes provision for certain disciplinary powers to be conferred on the Council in relation to registered teachers and persons applying for registration) shall have effect.
Commencement Information
I4S. 6 wholly in force at 1.6.2001; s. 6 not in force at Royal Assent see s. 46; s. 6 in force at 28.2.2001 (E.W.) for specified purposes by S.I. 2001/1211, art. 2; s. 6 in force insofar as not already in force at 30.4.2001 (W.) and 1.6.2001 (E.) by S.I. 2001/1211, arts. 3, 4
(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.]
Textual Amendments
F27S. 6A inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 148, Sch. 12 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
(1)The Secretary of State may by order confer or impose on the Council such additional functions as he considers they may appropriately discharge in conjunction with any of their other functions under this Chapter.
(2)Before making an order under subsection (1), the Secretary of State shall carry out such consultation as appears to him to be appropriate.
(3)Without prejudice to the generality of subsection (1), the Secretary of State may under that subsection require the Council to give him such assistance as he may specify in relation to [F28the specification of requirements of regulations under section 132 of the Education Act 2002 (qualified teacher status)].
(4)Without prejudice to the generality of subsection (1), the Secretary of State may under that subsection require the Council to maintain records relating to such categories of persons (including persons not eligible to be registered under section 3) as may be prescribed; and the records shall contain such information relating to those persons and be kept in such manner as may be prescribed.
(5)The Council shall carry out such functions ancillary to their functions under this Chapter as the Secretary of State may direct.
Textual Amendments
F28Words in s. 7(3) substituted (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 78 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3
Commencement Information
I5S. 7 wholly in force at 1.9.2000; s. 7 not in force at Royal Assent see s. 46(4); s. 7(1)-(4) in force at 5.4.2000 and s. 7(5) in force at 1.9.2000 by S.I. 2000/970, arts. 2, 3
Textual Amendments
F29Words in s. 8 cross-heading inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 6; S.I. 2012/924, art. 2
(1)The Secretary of State may by order make provision for the establishment of a body corporate to be known as Cyngor Addysgu Cyffredinol Cymru or the General Teaching Council for Wales to exercise in relation to Wales, as from such date as may be specified in the order, the functions conferred on them by or under this Chapter.
(2)An order under subsection (1) may provide for any provision of section 1 or Schedule 1 to have effect in relation to the General Teaching Council for Wales F31..., subject to such modifications (if any) as are specified in the order.
F32(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F30Words in s. 8 heading heading inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 7(c); S.I. 2012/924, art. 2
F31Words in s. 8(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 7(a); S.I. 2012/924, art. 2
F32S. 8(3)-(6) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 7(b); S.I. 2012/924, art. 2
F33(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)The Secretary of State may require [F34the Council] to undertake (or join with any other person or body in undertaking) activities designed to promote—
(a)recruitment to the teaching profession, or
(b)the continuing professional development of teachers.
(3)Without prejudice to the generality of subsection (2), such activities may include—
(a)giving advice;
(b)organising conferences and lectures; and
(c)arranging for the publication of material in any form.
Textual Amendments
F33S. 9(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 8(a); S.I. 2012/924, art. 2
F34Words in s. 9(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 8(b); S.I. 2012/924, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35S. 10 repealed (6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 79, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36S. 11 repealed (1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 80, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3
(1)Regulations may, in relation to teachers to whom this section applies, make provision requiring employers of such teachers (subject to such exceptions as may be provided for by or under the regulations)—
(a)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
(b)to remit that fee to the F37... Council.
(2)This section applies to teachers at schools who, on such date or during such period as may be specified in the regulations, are—
(a)registered in the register, or
[F38(b)required to be registered in the register by virtue of section 134 of the Education Act 2002]
(3)The regulations may make provision with respect to—
(a)the arrangements to be adopted by employers of teachers to whom this section applies for the deduction and remittance of fees,
(b)the administration charges which may be deducted from any fees remitted to the F39... Council, and
(c)the notification to the F40... Council by employers of such teachers of such particulars relating to those teachers as the regulations may specify.
(4)In this section—
[F41“registration” means full registration or provisional registration;]
F42...
“salary” includes any remuneration payable in respect of services as a teacher;
[F43“school” means a school maintained by a [F44local authority] or a special school not so maintained]
Textual Amendments
F37Word in s. 12(1)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 9(a); S.I. 2012/924, art. 2
F38S. 12(2)(b) substituted (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 81(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3
F39Word in s. 12(3)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 9(b); S.I. 2012/924, art. 2
F40Word in s. 12(3)(c) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 9(b); S.I. 2012/924, art. 2
F41Words in s. 12(4) inserted (1.8.2003 for E. for specified purposes, 6.11.2006 so far as not already in force except in relation to W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 8 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3; S.I. 2006/2895, art. 2
F42Words in s. 12(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 9(c); S.I. 2012/924, art. 2
F43Words in s. 12(4) substituted (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 81(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3
F44Words 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. 9(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45S. 13 repealed (1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 82, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3
[F46(1)The Secretary of State may supply the Council with such information relating to individual teachers as the Council may request for the purpose of carrying out any of the functions conferred on them by or under this Chapter or as the Secretary of State considers it to be necessary or desirable for them to have for the purposes of those functions.
(1A)The Welsh Ministers may supply the Council with such information relating to individual teachers as the Council may request for the purpose of carrying out any of the functions conferred on them by or under this Chapter or as the Welsh Ministers consider it to be necessary or desirable for them to have for the purposes of those functions.]
(2)[F47The Council] shall supply the Secretary of State with such information as he may request for the purpose of—
(a)statistical analysis, or
(b)any other function of his relating to teachers.
(3)The Secretary of State may by regulations require [F48the] Council to supply information—
(a)to such other person or body, and
(b)for such purposes and subject to such conditions,
as may be prescribed.
F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)This section does not limit the circumstances in which information may be supplied apart from this section.
Textual Amendments
F46S. 14(1)(1A) substituted for s. 14(1) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 10(a); S.I. 2012/924, art. 2
F47Words in s. 14(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 10(b); S.I. 2012/924, art. 2
F48Word in s. 14(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 10(c); S.I. 2012/924, art. 2
F49S. 14(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 10(d); S.I. 2012/924, art. 2
Commencement Information
I6S. 14 wholly in force at 1.9.2000; s. 14 not in force at Royal Assent see s. 46(4); s. 14(3) in force at 5.4.2000 and s. 14(1)(2)(4)(5) in force at 1.9.2000 by S.I. 2000/970, arts. 2, 3
(1)This section applies where a relevant employer—
(a)has ceased to use [F51the services of a registered teacher on a ground mentioned in subsection (1A)], or
(b)might have ceased to use [F52a registered teacher's] services on a ground mentioned in that [F53subsection] had [F54the teacher] not ceased to provide those services.
[F55(1A)The grounds are—
(a)misconduct;
(b)professional incompetence;
(c)conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.]
F56(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F57... The employer shall provide prescribed information to [F58the Council].
F59(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In this section—
[F60“relevant employer” means—
(a) a [F44local authority] [F61in Wales];
(b) a person exercising a function relating to the provision of education on behalf of a [F44local authority] [F61in Wales];
(c) the proprietor of a school [F61in Wales];
(d) the governing body of a further education institution [F61in Wales];
“education” includes vocational, social, physical and recreational training;
“proprietor” and “school” have the meanings given in the Education Act 1996;
“further education institution” has the meaning given in section 140 of the Education Act 2002;]
“services” includes professional and voluntary services.]
Textual Amendments
F44Words 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. 9(2)
F50 Ss. 15, 15A substituted for s. 15 (31.3.2003 for W. and 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
F51Words in s. 15(1)(a) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)
F52Words in s. 15(1)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(b)(i) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)
F53Word in s. 15(1)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(b)(ii) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)
F54Words in s. 15(1)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(b)(iii) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)
F55S. 15(1A) inserted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)
F56S. 15(2) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 11(a); S.I. 2012/924, art. 2
F57Words in s. 15(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 11(b)(i); S.I. 2012/924, art. 2
F58Words in s. 15(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 11(b)(ii); S.I. 2012/924, art. 2
F59S. 15(4) repealed (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(6), Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)
F60Definitions in s. 15(5) substituted (17.12.2008 for E. for specified purposes) for the definition of “relevant employer” by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(7) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)
F61Words in s. 15(5) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 11(c); S.I. 2012/924, art. 2
(1)This section applies to arrangements made by one person (the “agent”) for [F62a registered teacher (the “teacher”)] to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
(2)[F63Subsection (4) applies] where an agent—
(a)has terminated the arrangements on a ground mentioned in [F64section 15(1A)],
(b)might have terminated the arrangements on a ground mentioned in that [F65subsection] if the worker had not terminated them, or
(c)might have refrained from making new arrangements for a [F66teacher] on a ground mentioned in that [F67subsection] if he had not ceased to make himself available for work.
F68(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F69... The agent shall provide prescribed information to [F70the Council].
F71(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
F72(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
(9)[F73Subsection] (5) of section 15 shall apply for the purposes of this section as [F74it applies] for the purposes of that section.]
Textual Amendments
F50 Ss. 15, 15A substituted for s. 15 (31.3.2003 for W. and 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
F62Words in s. 15A(1) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)
F63Words in s. 15A(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 12(a); S.I. 2012/924, art. 2
F64Words in s. 15A(2)(a) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)
F65Word in s. 15A(2)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)
F66Word in s. 15A(2)(c) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(c)(i) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)
F67Word in s. 15A(2)(c) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(c)(ii) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)
F68S. 15A(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 12(b); S.I. 2012/924, art. 2
F69Words in s. 15A(4) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 12(c)(i); S.I. 2012/924, art. 2
F70Words in s. 15A(4) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 12(c)(ii); S.I. 2012/924, art. 2
F71S. 15A(5) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 12(b); S.I. 2012/924, art. 2
F72S. 15A(7) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 12(b); S.I. 2012/924, art. 2
F73Word in s. 15A(9) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(6)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)
F74Words in s. 15A(9) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(6)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F75S. 16 repealed (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), art. 2, sch. 7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F76S. 17 repealed (2.4.2012) by The Public Services Reform (General Teaching Council for Scotland) Order 2011 (S.S.I. 2011/215), art. 2, sch. 7
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F77S. 18 repealed (1.10.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 84, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 5
Textual Amendments
F78Words in s. 19 cross-heading inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 13; S.I. 2012/924, art. 2
(1)Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools [F79in Wales], subject to such exceptions as may be provided for by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in—
(a)a relevant school, [F80or]
(b)in such circumstances as may be prescribed, an independent school [F81or
F81(c)in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).]
(2)Regulations under this section may, in particular, make provision—
(a)as to the length of the induction period in any prescribed circumstances;
(b)as to periods of employment which are to count towards the induction period;
(c)precluding a person from serving more than one induction period except in any prescribed circumstances;
(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 the supervision and training of a person during his induction period;
(f)authorising the Secretary of State to determine the standards against which a person F82. . . is to be assessed for the purpose of deciding whether he 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 induction period, or
(ii)should have his induction period extended by such period as may be determined by the appropriate body, or
(iii)has failed satisfactorily to complete his 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 and [F83the Council] 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 he only undertakes such teaching duties as may be determined in accordance with the regulations,
in such circumstances following a decision that he has failed satisfactorily to complete his 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 [F84or to further education institutions] 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)F85... The Secretary of State shall consult [F86the Council] before making any determination as to standards by virtue of regulations made under subsection (2)(f).
(4)Regulations under this section shall include provision conferring on a person aggrieved by a decision under subsection (2)(g) a right to appeal against the decision to one of the following, namely—
(a)the Secretary of State, or
(b)the Council F87...;
and any decision made on such an appeal shall be final.
(5)Regulations made in pursuance of subsection (4) may make provision for, or for the determination in accordance with the regulations of, such matters relating to such appeals as the Secretary of State considers necessary or expedient.
(6)In [F88subsections (2) and (6A)] “the appropriate body” means such person or body (including a [F44local 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 [F44local authority] to include a representative of such an authority.
[F89(6A)Regulations under subsection (1)(c) 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.]
(7)During the induction period which a person is required to serve by virtue of regulations made under this section, the provisions of [F90section 131 of the Education Act 2002] (appraisal of teachers’ performance) and regulations made under that section shall not apply to him.
(8)Regulations may provide for references to “eligible expenditure” in section 484 of the M2Education Act 1996 (education standards grants) to include such expenditure incurred by [F44local authorities] [F91in Wales] in consequence of any regulations made by virtue of subsection (1) or (2) as may be prescribed.
(9)Where, in accordance with a requirement imposed by virtue of subsection (2)(j)(ii), a teacher employed at a school maintained by a [F44local authority]—
(a)continues to be employed at the school, but
(b)is not undertaking his normal teaching duties there,
any costs incurred by the [F44local authority] in respect of the teacher’s emoluments shall not be met from the school’s budget share for any financial year 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.
(10)In this section—
(a)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,
[F92(b)“relevant school” means a school maintained by a [F44local authority] or a special school not so maintained,]
(c)“independent school” has the same meaning as in the Education Act 1996.
[F93(d)“a further education institution” means an institution within the further education sector.]
[F94(11)In the application of this section to a further education institution—
(a)a reference to a school term shall be taken as a reference to a term of the institution;
(b)a reference to the head teacher of a school shall be taken as a reference to the principal of the institution.]
[F95(12)Sections 496 and 497 of the Education Act 1996 shall have effect as if—
(a)the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
(b)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).]
Textual Amendments
F44Words 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. 9(2)
F79Words in s. 19(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 14(a); S.I. 2012/924, art. 2
F80Word in s. 19(1)(a) repealed (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 153, Sch. 11; S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F81S. 19(1)(c) and word inserted (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 139(2); S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F82Words in s. 19(2)(f) repealed (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, ss. 139(3)(a), 153, Sch. 11; S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F83Words in s. 19(2)(i) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 14(b); S.I. 2012/924, art. 2
F84Words in s. 19(2)(k) inserted (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 139(3)(b); S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F85Words in s. 19(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 14(c)(i); S.I. 2012/924, art. 2
F86Words in s. 19(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 14(c)(ii); S.I. 2012/924, art. 2
F87Words in s. 19(4)(b) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 14(d); S.I. 2012/924, art. 2
F88Words in s. 19(6) substituted (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 139(4); S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F89S. 19(6A) inserted (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 139(5); S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F90Words in s. 19(7) substituted (1.10.2002 for E. and 19.12.2002 for W.) by Education Act 2002 (c. 32), s. 215(1), s. 216(4), Sch. 21 para. 85(a) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I
F91Words in s. 19(8) inserted (31.3.2003 for W. and 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 85(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4
F92S. 19(10)(b) substituted (31.3.2003 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 85(c) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1667, art. 3
F93S. 19(10)(d) inserted (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 139(6); S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F94S. 19(11) inserted (3.8.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 139(7) S.I. 2000/2114, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.
F95S. 19(12) inserted (1.10.2000) by 2000 c. 21, s. 139(7); S.I. 2000/2559, art. 2(1), Sch. Pt. I
Commencement Information
I7S. 19 wholly in force at 1.4.1999; s. 19 not in force at Royal Assent; s. 19(1)-(8)(10)(b)(c) in force at 1.10.1998 by S.I. 1998/2215, art. 2; s. 19(9)(10)(a) in force at 1.4.1999 by S.I. 1998/2215, art. 3
Marginal Citations
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Textual Amendments
F96S. 20 repealed (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(b), Sch. 19 Pt. 3
In section 66 of the M3Education (Scotland) Act 1980 (inspection of educational establishments), after subsection (1A) there shall be inserted—
“(1B)Notwithstanding subsection (1) above, the Secretary of State shall have power to cause inspection to be made of the education and training, wherever it is carried out, provided by institutions within the higher education sector (within the meaning of the M4Further and Higher Education (Scotland) Act 1992) wholly or mainly for persons preparing to be, or persons who are, teachers in schools, and such inspections shall be made by Her Majesty’s Inspectors or other persons appointed by the Secretary of State for the purpose.”
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