Education Reform Act 1988

218 School and further and higher education regulations

(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;

(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 schools and 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 schools and 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 pupils at schools and 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;

(g) with respect to the duration of the school day and school year at, and the granting of leave of absence from, any schools.

(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.

(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 persons licensed to teach by the Secretary of State 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; or

(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;

on medical grounds, in cases of misconduct and, as respects employment or further employment as a teacher, on educational grounds.

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

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

(b) any boarding hostel provided by a local education authority for pupils attending any school or any such institution;

and for the inspection of any such hostel.

(8) In section 63(2) of the 1944 Act (exemption from building regulations, etc.) references to plans approved by the Secretary of State shall include references to any particulars submitted to and approved by him under regulations made by virtue of subsection (7) above.

(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;

(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

(b) it is designated by or under the regulations as an institution substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the 1944 Act.

(11) An institution falls within this subsection if it is an institution within the PCFC funding sector.

(12) In this section “school” means any school maintained by a local education authority, any special school not so maintained or any grant-maintained school.

(13) Section 27 of the 1980 Act (which is superseded by the preceding provisions of this section) shall cease to have effect.