52Teacher misconduct(1)

The Education Act 2002 is amended as follows.

(2)

In section 141A (teachers to whom misconduct regime applies)—

(a)

in subsection (1)—

(i)

in the words before paragraph (a), after “is” insert “or has (at any time) been”;

(ii)

after paragraph (ba) insert—(bb)

an independent educational institution in England that is not a school,

(bc)

an institution in England within the further education sector,

(bd)

a special post-16 institution in England,

(be)

an independent training provider,

(bf)

an online education provider (see section 141AA),

;

(b)

in subsection (2), after the definition of “children’s home” insert—

“independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;

“independent training provider” has the same meaning as in sections 1 to 4 of the Skills and Post-16 Education Act 2022 (see section 4 of that Act);

“special post-16 institution” has the same meaning as in Part 3 of the Children and Families Act 2014 (see section 83 of that Act);

(3)

After section 141A insert—

141AAMeaning of “online education provider”(1)

An online education provider is an institution that meets the following conditions.

(2)

The first condition is that it is—

(a)

a company registered under the Companies Act 2006 which has its registered office for the purposes of that Act in England, or

(b)

a charity registered in accordance with section 30 of the Charities Act 2011 which has its address in England for the purposes of registration by the Charity Commission.

(3)

The second condition is that it provides education to at least one student who lives in England and who—

(a)

is of compulsory school age,

(b)

is over compulsory school age but is under the age of 19, or

(c)

is aged 19 or over and has an EHC plan that specifies that the student should be in full-time education.

(4)

The third condition is that at least one of the students mentioned in subsection (3) receives all or the majority of their education from the institution.

(5)

The fourth condition is that it is set up to deliver all or the majority of the education that it provides online.

(6)

The Secretary of State may by regulations amend this section so as to add a new condition or remove or change a condition for the time being specified.

(4)

In section 141B (investigation of disciplinary cases by the Secretary of State)—

(a)

in subsection (1)—

(i)

in the words before paragraph (a), for “an allegation is referred” substitute “it appears”;

(ii)

in paragraph (a), for “may be” substitute “may (at any time) have been”;

(b)

after subsection (3) insert—(3A)

For the purposes of subsection (1)(a) or (b) it is irrelevant whether the conduct occurred, or the offence was committed, at a time when the person was employed or engaged to carry out teaching work or at some other time.

(5)

In section 141D(4) (supply of information following dismissal, resignation etc: definitions)—

(a)

in the definition of “relevant employer”—

(i)

in paragraph (c), for “or 16 to 19 Academy” substitute “, a 16 to 19 Academy, an independent educational institution or a special post-16 institution”;

(ii)

after paragraph (d) insert—(da)

a person who employs or engages a person to teach at an institution within the further education sector, an independent training provider or an online education provider;

;

(iii)

in paragraph (e), after “employs” insert “or engages”;

(b)

after the definition of “children’s home” insert—

“independent educational institution” has the same meaning as in Chapter 1 of Part 4 of the Education and Skills Act 2008;

“independent training provider” has the same meaning as in sections 1 to 4 of the Skills and Post-16 Education Act 2022 (see section 4 of that Act);

;

(c)

after the definition of “services” insert—

“special post-16 institution” has the same meaning as in Part 3 of the Children and Families Act 2014 (see section 83 of that Act);

(6)

In section 210(3) (instruments subject to affirmative procedure)—

(a)

in the words before paragraph (a), after “order” insert “or regulations”;

(b)

omit the “or” at the end of paragraph (e);

(c)

after paragraph (f) insert or(g)

section 141AA(6),