Education Act 2002

[F1135ARequirement to serve induction period: teachers in EnglandE+W

This section has no associated Explanatory Notes

(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 [F2or 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) [F3or 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 [F4institutions 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 [F5or 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

F1Ss. 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

F3Words 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

F4Words 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