Chwilio Deddfwriaeth

Teaching and Higher Education Act 1998

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Point in time view as at 05/05/2010.

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Chapter IE+W+S The General Teaching Councils

The General Teaching Council for EnglandE+W

1 The General Teaching Council for England.E+W

(1)There shall be a body corporate which, subject to subsection (10), shall be known as the General Teaching Council for England (in this Act referred to as “the Council”).

(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.

(3)The functions conferred on the Council by or under this Chapter—

(a)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

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

(4)In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the M1Disability Discrimination Act 1995.

(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.

F1(8)...

(9)Schedule 1 to this Act has effect in relation to the Council.

(10)At any time before the date mentioned in subsection (3)(a), the Council shall be known as the General Teaching Council for England and Wales; and—

(a)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

(b)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.

Textual Amendments

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

Marginal Citations

Functions of the General Teaching Council for EnglandE+W

2 Advisory functions of General Teaching Council for England.E+W

(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;

[F2(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.

F3(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

F2S. 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

F3S. 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

3 Registration of teachers.E+W

(1)The Council shall establish and maintain [F4a register for the purposes of this Chapter] (“the register”).

(2)The register shall contain the name of every person who is eligible for [F5full or provisional registration] and applies to be registered in the register in accordance with regulations made under section 4.

(3)M2A person is eligible for [F6registration] [F6full registration] if he is a qualified teacher [F7within the meaning of section 218(2) of the Education Reform Act 1988] and he is not for the time being—

[F8(a)subject to a direction under section 142(1)(a) of the Education Act 2002 (prohibition from teaching, &c.),]

[F9(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 [F6registration] [F6full registration], or

F10(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.

[F11(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 [F12registration] [F12full 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

F4Words 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

F5Words 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

F6Words 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

F7Words 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

F8S. 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

F10S. 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

F11S. 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

F12Words 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

4 Regulations relating to registration.E+W

(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;

[F13(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—

[F14(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.

[F15(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.

[F16(6)In this section “registration” means full registration or provisional registration.]

Textual Amendments

F14S. 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

F15S. 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

F16S. 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

[F174A Appeals against refusal of registrationE+W

(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

5 Code of practice for registered teachers.E+W

(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.

6 Disciplinary powers of Council in relation to registered teachers.E+W

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

[F186A Power to promote teaching professionE+W

(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

F18S. 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

7 Additional and ancillary functions of Council.E+W

(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 [F19the 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

F19Words 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

The General Teaching Council for WalesE+W

8 The General Teaching Council for Wales.E+W

(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 as it has effect in relation to the Council, subject to such modifications (if any) as are specified in the order.

(3)Where such an order is made after the Council have begun to exercise any function in relation to Wales (in accordance with section 1(3)), the order may include provision—

(a)for the transfer of staff; and

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

(4)So far as any such function relates to registration under section 3, the order shall make provision for persons previously registered or applying for registration under that section in its application in relation to Wales in accordance with section 1(3) to be treated as registered or applying for registration under that section as it applies in relation to Wales in accordance with section 9(1).

(5)Subject to subsection (6), stamp duty shall not be chargeable in respect of any transfer to the General Teaching Council for Wales effected by virtue of subsection (3).

(6)No instrument (other than a statutory instrument) made or executed in pursuance of subsection (3) shall be treated as duly stamped unless—

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

(b)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.

Marginal Citations

Functions of the General Teaching Council for WalesE+W

9 Functions of General Teaching Council for Wales: general.E+W

(1)sections 2 to 5,

section 6 together with Schedule 2, [F20section 6A, and

section 7,]

shall apply to the General Teaching Council for Wales in relation to Wales as they apply to the Council in relation to England.

(2)The Secretary of State may require the General Teaching Council for Wales 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

F20Words in s. 9(1) substituted (19.12.2002 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 7 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2006/2895, art. 2

F2110 Further functions of General Teaching Council for Wales in relation to teachers.E+W

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

Textual Amendments

SupplementaryE+W

F2211 Registration requirement for teachers at schools.E+W

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

Textual Amendments

12 Deduction of fees from salaries, etc.E+W

(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 relevant 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

[F23(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 relevant Council, and

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

(4)In this section—

  • [F24registration” means full registration or provisional registration;]

  • relevant Council” means the Council or (after their establishment) the General Teaching Council for Wales;

  • salary” includes any remuneration payable in respect of services as a teacher;

  • [F25school” means a school maintained by a [F26local authority] or a special school not so maintained]

Textual Amendments

F23S. 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

F24Words 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

F25Words 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

F2713 Consultation about qualified teacher status.E+W

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

Textual Amendments

14 Supply of information relating to teachers: general.E+W

(1)The Secretary of State shall supply the Council or the General Teaching Council for Wales with such information relating to individual teachers as he considers it to be necessary or desirable for them to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.

(2)Each of those Councils 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 either 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.

(4)Without prejudice to the generality of subsection (3), once the General Teaching Council for Wales have been established, that Council and the General Teaching Council for England shall each supply the other with such information as it is necessary or desirable for that other Council to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.

(5)This section does not limit the circumstances in which information may be supplied apart from this section.

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

[F2815 Supply of information following dismissal, resignation, &c.E+W

(1)This section applies where a relevant employer—

(a)has ceased to use [F29the services of a registered teacher on a ground mentioned in subsection (1A)], or

(b)might have ceased to use [F30a registered teacher's] services on a ground mentioned in that [F31subsection] had [F32the teacher] not ceased to provide those services.

[F33(1A)The grounds are—

(a)misconduct;

(b)professional incompetence;

(c)conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.]

(2)In the case of [F34a teacher] who was providing services to a relevant employer in England, the employer shall provide prescribed information to [F35the Council].

(3)In the case of [F36a teacher] who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to [F37the General Teaching Council for Wales].

F38(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section—

  • [F39relevant employer” means—

    (a) a [F26local authority];

    (b) a person exercising a function relating to the provision of education on behalf of a [F26local authority];

    (c) the proprietor of a school;

    (d) the governing body of a further education institution;

  • 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

F28 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

F29Words 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)

F30Words 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)

F31Word 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)

F32Words 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)

F33S. 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)

F34Words in s. 15(2) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(4)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(ii)

F35Words in s. 15(2) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(4)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(ii)

F38S. 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)

F39Definitions 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)

[F2815A Supply of information by contractor, agency, &c.E+W

(1)This section applies to arrangements made by one person (the “agent”) for [F40a 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)Subsections (3) and (4) apply where an agent—

(a)has terminated the arrangements on a ground mentioned in [F41section 15(1A)],

(b)might have terminated the arrangements on a ground mentioned in that [F42subsection] if the worker had not terminated them, or

(c)might have refrained from making new arrangements for a [F43teacher] on a ground mentioned in that [F44subsection] if he had not ceased to make himself available for work.

(3)In the case of arrangements for a [F45teacher] to carry out work in England, the agent shall provide prescribed information to [F46the Council].

(4)In the case of arrangements for a [F47teacher] to carry out work in Wales, the agent shall provide prescribed information to [F48the General Teaching Council for Wales].

(5)If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.

(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.

(7)A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.

(8)A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.

(9)[F49Subsection] (5) of section 15 shall apply for the purposes of this section as [F50it applies] for the purposes of that section.]

Textual Amendments

F28 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

F40Words 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)

F41Words 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)

F42Word 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)

F43Word 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)

F44Word 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)

F45Word in s. 15A(3) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(4)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(v)

F46Words in s. 15A(3) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(4)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(v)

F49Word 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)

F50Words 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)

The General Teaching Council for ScotlandS

16 Duty to have regard to needs of disabled persons.S

At the end of section 1 of the M4Teaching Council (Scotland) Act 1965 (establishment of General Teaching Council for Scotland) there shall be inserted—

(3)In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the M5Disability Discrimination Act 1995.

Marginal Citations

17 Representation of special educational needs teachers on General Teaching Council for Scotland.S

In paragraph 1 of Schedule 1 to the Teaching Council (Scotland) Act 1965 (composition of General Teaching Council for Scotland), after sub-paragraph (8) there shall be inserted—

(9)In nominating members of the Council under sub-paragraph (1)(c) above, the Secretary of State shall have regard to the desirability of the membership of the Council reflecting the interests of persons concerned with the teaching of persons with special educational needs.

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