Teaching and Higher Education Act 1998

[F115 Supply of information following dismissal, resignation, &c.E+W

(1)This section applies where a relevant employer—

(a)has ceased to use [F2the services of a registered teacher on a ground mentioned in subsection (1A)], or

(b)might have ceased to use [F3a registered teacher's] services on a ground mentioned in that [F4subsection] had [F5the teacher] not ceased to provide those services.

[F6(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 [F7a teacher] who was providing services to a relevant employer in England, the employer shall provide prescribed information to [F8the Council].

(3)In the case of a person who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to such of the following as may be prescribed—

(a)the National Assembly for Wales, and

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

(4)[F9For the purposes of this section, a reference to a ground mentioned in section 142 of the Education Act 2002 shall be read as if subsection (4)(e) was not limited to the case of a direction given by virtue of subsection (2)(d).]

(5)In this section—

  • [F10relevant employer” means—

    (a) a local education authority;

    (b) a person exercising a function relating to the provision of education on behalf of a local education 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

F1 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

F2Words 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)

F3Words 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)

F4Word 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)

F5Words 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)

F6S. 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)

F7Words 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)

F8Words 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)

F9S. 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)

F10Definitions 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)