Education Reform Act 1988

Valid from 01/06/2003

[F1 218 School and further and higher education regulations. E+W

(1) The Secretary of State may by regulations make provision—

(a) for requiring persons employed as teachers at schools, subject to such exceptions as may be provided for by or under the regulations, to be qualified teachers;

[F2 (aa) for requiring persons employed as teachers at schools, subject to such exceptions as may be provided for by or under the regulations, to be registered in accordance with section 3 of the Teaching and Higher Education Act 1998 by the General Teaching Council for England or (after their establishment) by the General Teaching Council for Wales;]

[F3 (ab) for requiring persons employed as head teachers at schools, subject to such exceptions as may be provided for by or under the regulations, to possess a professional headship qualification;]

(b) for requiring persons employed as teachers at institutions falling within subsection (10) below to possess such qualifications as may be determined by or under the regulations;

(c) for requiring persons employed as teachers at F4 . . . such institutions to serve probationary periods;

(d) with respect to the teaching staff to be provided in schools and such institutions;

(e) for requiring the approval of the Secretary of State to be obtained for the use in F5 . . . such institutions of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health;

(f) with respect to the keeping, disclosure and transfer of educational records about [F6 persons receiving education] at F5 . . . such institutions and the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations;

F7 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In subsection (1) above “qualified teacher” means a person who—

(a) is a qualified teacher in accordance with any provision made by or under the regulations; or

(b) is determined to be a qualified teacher by the Secretary of State in accordance with any provision so made;

and the regulations may provide for any determination by the Secretary of State under the regulations with respect to a person’s status as a qualified teacher to be made so as to have effect, in such cases or circumstances as may be specified in the regulations, from a date earlier than the determination.

[F8 (2A) Regulations under subsection (2)(a) above may make provision—

(a) by reference to the successful completion of a course of initial training for teachers in schools at an accredited institution; and

(b) conferring on the Teacher Training Agency or the Higher Education Funding Council for Wales such functions in relation to accreditation or otherwise as may be prescribed.]

[F9 (2AA) Before making any regulations under subsection (2) or (2A) or making any provision by virtue of regulations made under those subsections as to the standards required of a person who wishes to become a qualified teacher, the Secretary of State shall consult either or both of the following (as appropriate)—

(a) the General Teaching Council for England, and

(b) after their establishment, the General Teaching Council for Wales.]

[F10 (2B) Regulations under subsection (2) above may impose requirements on persons carrying on city technology colleges [F11 , city colleges for the technology of the arts or city academies]] as to the training and teaching experience of persons employed as teachers at such colleges [F12 or academies] who seek to become (in relation to schools) qualified teachers.

[F13 (2C) In subsection (1)(ab) above “professional headship qualification” means a qualification which—

(a) is a professional headship qualification in accordance with any provision made by or under the regulations; or

(b) is determined to be a professional headship qualification by the Secretary of State in accordance with any provision so made;

and the regulations may provide for any determination by the Secretary of State under the regulations with respect to the status of a qualification as a professional headship qualification to be made so as to have effect, in such cases or circumstances as may be specified in the regulations, from a date earlier than the determination.

(2D) The requirement imposed by virtue of subsection (1)(ab) above shall (subject to the exceptions mentioned in that provision) apply to every person who is appointed as head teacher of a school on or after the date when that requirement comes into force unless he has held such an appointment before that date.

(2E) Regulations under subsection (2C) above may make provision conferring, or enabling the Secretary of State to confer, on bodies or persons determined by or in accordance with the regulations such functions in relation to the accreditation of courses or the awarding of qualifications or otherwise as may be so determined.

(2F) Regulations under that subsection may require any body or person who awards a professional headship qualification (within the meaning of that subsection) to notify the Secretary of State, or such other body or person as he may determine, of—

(a) the name of any person awarded that qualification, and

(b) such other information relating to that person as may be prescribed.]

(3) The provision authorised by paragraph (a) of subsection (1) above with respect to exceptions from any requirement imposed by virtue of that paragraph includes in particular provision permitting the employment as there mentioned, in such cases or circumstances and subject to such conditions as may be specified in or determined under the regulations, of [F14 persons licensed or otherwise authorised to teach by the Secretary of State or the Teacher Training Agency] in accordance with any provision made by or under the regulations.

(4) Regulations made by virtue of subsection (1)(f) above may authorise persons who in pursuance of the regulations supply copies of any such records as are there mentioned to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

(5) The Secretary of State may by regulations make provision for imposing requirements as to the health and physical capacity of—

(a) teachers at schools and institutions falling within subsection (10) or (11) below;

(b) teachers employed by local education authorities otherwise than at schools or such institutions; and

(c) persons employed—

(i) by local education authorities; or

(ii) by the governing bodies of schools or such institutions;

in work otherwise than as teachers which brings them regularly into contact with persons who have not attained the age of nineteen years.

(6) The Secretary of State may by regulations make provision for prohibiting or restricting the employment or further employment of persons—

(a) as teachers at schools and institutions falling within subsection (10) or (11) below;

(b) by local education authorities as teachers otherwise than at schools or such institutions; F15 . . .

(c) by local education authorities or by the governing bodies of schools or such institutions in such work as is mentioned in subsection (5)(c) above; [F16 or]

[F17 (d) by the proprietors of independent schools or at such schools as teachers or in any such work]

[F18 on the grounds mentioned in subsection (6ZA) below].

[F19 (6ZA) The grounds are—

(a) medical grounds;

(b) the grounds of misconduct;

(c) the grounds that the persons concerned are not fit and proper persons to be employed as teachers or in such work as is mentioned in subsection (5)(c) above;

(d) the grounds that the persons concerned are included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of individuals considered unsuitable to work with children); and

(e) as respects employment or further employment as teachers, educational grounds.]

[F20 (6A) The Secretary of State may by regulations impose requirements on—

(a) local education authorities,

(b) the governing bodies of schools or institutions falling within subsection (10) below, or

(c) the proprietors of independent schools,

for the purpose of prohibiting or restricting, [F21 on the grounds mentioned in subsection (6ZA)(a) to (d) above]] access to persons who have not attained the age of nineteen years by persons (not falling within subsection (6) above) who provide services falling within subsection (6B).

(6B) Those services are services provided in relation to the school or institution or persons attending it which—

(a) are provided by whatever means and whether under contract or otherwise, and

(b) bring the persons providing them regularly into contact with persons who have not attained the age of nineteen years.

(7) The Secretary of State may by regulations make provision requiring his approval F22 . . .to be obtained for the provision of new premises for, or the alteration of the premises of—

(a) any F23 . . . institution falling within subsection (10) below; or

(b) any boarding hostel provided by a local education authority for [F24 persons receiving education at]. . .any such institution;

and for the inspection of any such hostel.

F25 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The Secretary of State may by regulations make provision—

(a) with respect to the fees to be charged for courses of further education at institutions falling within subsection (10) or (11) below;

(b) for requiring his approval to be obtained for the provision at such institutions of courses designated by or under the regulations as courses of initial teacher training [F26 or courses leading to a professional headship qualification for the purposes of subsection (1)(ab) above];

(c) for enabling him to give directions for the discontinuance of any such course at such an institution or as to the number and categories of students to be admitted to such courses at such institutions; and

(d) with respect to institutions in Wales falling within subsection (10) below—

(i) for requiring his approval to be obtained for the provision at such institutions of courses of higher education; and

(ii) for enabling him to give directions for the discontinuance of any such course at such an institution or as to the number and categories of students to be admitted to such courses at such institutions.

(10) An institution falls within this subsection if it provides higher education or futher education (or both) and either—

(a) it is maintained by a local education authority; or[F27 (aa) it is within the further education sector]

F28 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) An institution falls within this subsection if it is an institution within [F29 the higher education sector in receipt of financial support under section 65 of the Further and Higher Education Act 1992].

[F30 (12) In this section (except in subsection (6)(d) or (6A) above) “school” means any school maintained by a local education authority or any special school not so maintained.]

[F31 (13) For the purposes of this section—

(a) any reference to persons employed as teachers includes a reference to persons engaged to provide their services as teachers otherwise than under contracts of employment; and

(b) any reference to teachers or other persons employed by local education authorities or by any description of governing bodies or proprietors includes a reference to teachers or other persons engaged to provide their services for such authorities, governing bodies or proprietors (as the case may be) otherwise than under contracts of employment;

and any reference to employment (or further employment) shall be construed accordingly.]

[F32 (14) In this section “head teacher” does not include an acting head teacher.]]

Textual Amendments

F1 S. 218 repealed (31.3.2003 (W) and otherwiseprosp.) by 2002 c. 32, ss. 146, 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. I

F2 S. 218(1)(aa) inserted (5.4.2000) by 1998 c. 30, s. 11 (with ss. 42(8)); S.I. 2000/970, art. 2

F3 S. 218(1)(ab) inserted (prosp.) by 1998 c. 30, ss. 18(2), 46(4) (with ss. 42(8)).

F4 S. 218(1)(c) repealed (1.10.1998) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/2215, art. 2.

F5 Words in s. 218(1)(e)(f) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 37 Pt. I para. 76(2)(a), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F6 Words in s. 218(1)(f) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 49(a); S.I. 1992/831, art. 2, Sch. 3.

F7 S. 218(1)(g) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583, Sch. 37 Pt. I para. 76(2)(b), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F8 S. 218(2A) inserted (21.9.1994) by 1994 c. 30, s. 14(1); S.I. 1994/2204, art. 2(1).

F9 S. 218(2AA) inserted (1.9.2000) by 1998 c. 30, s. 13 (with s. 42(8)); S.I. 2000/970, art. 3

F10 S. 218(2B) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583, Sch. 37 Pt. I para. 76(3) (with ss. 1(4), 561, 562, Sch. 39).

F11 Words in s. 218(2B) substituted (28.7.2000 insofar as consequential on ss. 130, 131, Sch. 8 of the amending Act and otherwiseprosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 18(a)

F12 Words in s. 218(2B) inserted (28.7.2000 insofar as consequential on ss. 130, 131, Sch. 8 of the amending Act and otherwiseprosp.) by 2000 c. 21, ss. 149, 154(3)-(5), Sch. 9 para. 18(b)

F13 S. 218(2C)-(2F) inserted (prosp.) by 1998 c. 30, ss. 18(3), 46(4) (with s. 42(8)).

F14 Words in s. 218(3) substituted (21.9.1994) by 1994 c. 30, s. 14(3); S.I. 1994/2204, art. 2(1).

F15 Word in s. 218(6)(b) omitted by virtue of s. 290(3)(a); S.I. 1993/3106, art. 9, Sch. 1 (amended by S.I. 1994/436, art. 2).

F16 Word in s. 218(6)(c) inserted (1.1.1994) by 1993 c. 35, s. 290(3)(b); S.I. 1993/3106, art. 9, Sch. 1 (amended by S.I. 1994/436, art. 2) (which insertion is continued after the repeal of 1993 c. 35 (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F17 S. 218(6)(d) inserted (1.1.1994) by 1993 c. 35, s. 290(3)(b); S.I. 1993/3106, art. 9, Sch. 1 (amended by S.I. 1994/436, art. 2); (which insertion is continued after the repeal of 1993 c. 35 (1.11.1996) by 1996 c. 56, ss. 582(2), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F18 Words in s. 218(6) substituted (1.9.2000) by 1999 c. 14, s. 5(1); S.I. 2000/2337, art. 2(1)(c)

F19 S. 218(6ZA) inserted (1.9.2000) by S.I. 1999 c. 14, s. 5(2); S.I. 2000/2337, art. 2(1)(c)

F20 S. 218(6A)(6B) inserted (1.10.1997) by 1997 c. 44, s. 49(2); S.I. 1997/1468, art. 2(3), Sch. Pt. III.

F21 Words in s. 218(6A) substituted (1.9.2000) by 1999 c. 14, s. 5(3); S.I. 2000/2337, art. 2(1)(c)

F22 Words in s. 218(7) repealed (1.11.1996) by virtue of 1996 c. 56, ss. 582(2)(3), 583, Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F23 Words in s. 218(7) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 76(4), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F24 Words in s. 218(7)(b) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 49(b); S.I. 1992/831, art. 2, Sch. 3.

F25 S. 218(8) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583, Sch. 37 Pt. I para. 76(5), Sch. 38 Pt. I (with ss. 1(4), 561, 562, Sch. 39).

F26 Words in s. 218(9)(b) inserted (prosp.) by 1998 c. 30, ss. 18(4), 46(4) (with s. 42(8)).

F27 S. 218(10)(aa) inserted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. I para. 49(c)(i); S.I. 1992/831, art. 2, Sch. 3.

F28 S. 218(10)(b) repealed (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 49(c)(ii), Sch. 9; S.I. 1992/831, art. 2, Sch. 3.

F29 Words in s. 218(11) substituted (1. 4. 1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 49(d); S.I. 1992/831, art. 2, Sch. 3.

F30 S. 218(12) substituted (1.9.1999) by 1998 c. 31, s. 140, Sch. 30 para. 17 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

F31 S. 218(13) inserted (1.3.1998) by 1997 c. 44, s. 49(4); S.I. 1998/386, art. 2(1), Sch. 1 Pt. I.

F32 S. 218(14) added (prosp.) by 1998 c. 30, ss. 18(5), 46(4) (with s. 42(8)).

Modifications etc. (not altering text)

C1 S. 218(2)(3) modified (1.9.2000) by 1998 c. 30, s. 10(1) (with s. 42(8)); S.I. 2000/970, art. 3

C2 S. 218(2B) modified (1.11.1996) by 1996 c. 56, ss. 482(5), 583 (with ss. 1(4), 561, 562, Sch. 39).

C3 S. 218(6) extended (1.9.2000) by 1999 c. 14, s. 6; S.I. 2000/2337, art. 2(1)(d)

S. 218(6): functions exercisable by the Assembly concurrently with the Secretary of State (W.) (1.8.2000) by virtue of S.I. 1999/672, Sch. 1 (as substituted (1.8.2000) by S.I. 2000/1829, art. 2)

C4 S. 218(13) applied (12.3.2002 for E. and W. otherwiseprosp.) by 1997 c. 50, s. 113(3A) (as inserted (12.3.2002 for E. and W. otherwiseprosp.) by 1999 c. 14, ss. 8(1), 14(2); S.I. 2002/1436, art. 2).