PART 7 continued
(1) Where a head teacher gives or varies a direction under regulations made under section 114, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—
(a) to the governing body, and
(b) to the local education authority by whom the school is maintained,
and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.
(2) That information is—
(a) the fact that he has taken the action in question, its effect and his reasons for taking it,
(b) the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and
(c) either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for Wales in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).
(3) That opinion is that the pupil has or probably has special educational needs by virtue of which the responsible authority would be required to determine the special educational provision that should be made for him (whether initially or on a review of any statement of his special educational needs which the authority are for the time being required under section 324 of the Education Act 1996 (c. 56) to maintain).
(4) Where—
(a) the head teacher of a maintained school or maintained nursery school includes an indication of any such opinion in information given under subsection (1), and
(b) the local education authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,
the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.
(5) Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall consider whether any action on their part is required in the case of the pupil concerned under section 323 of the Education Act 1996 (c. 56) (assessment of special educational needs).
(6) In this section “the responsible authority”, in relation to a pupil, means the local education authority responsible for him for the purposes of Part 4 of the Education Act 1996.
(1) Where a head teacher—
(a) gives, revokes or varies a direction under regulations made under section 114,
(b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or
(c) following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,
the parent of the pupil concerned may appeal to the governing body.
(2) On such an appeal, the governing body may—
(a) confirm the head teacher’s action, or
(b) direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.
(3) The head teacher shall comply with any directions of the governing body given under subsection (2)(b).
(4) The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.
Where the National Assembly for Wales proposes to make—
(a) an order under section 103(4), 105(6), 108(2)(a) or (b)(i) or (ii) or (3)(a) or (b), or
(b) regulations under section 112,
the Assembly shall make such arrangements for consultation about the proposals as the Assembly considers appropriate.
The National Assembly for Wales may incur expenses in connection with the commissioning by the Assembly of such work, including programmes of research, development and dissemination, as it may require to be carried out for the purpose of facilitating the discharge of any of the Assembly’s functions under sections 102 to 108.
(1) The body established under section 1 of the School Teachers' Pay and Conditions Act 1991 (c. 49) (review body)—
(a) shall continue to exist, and
(b) shall be known as the School Teachers' Review Body.
(2) The Prime Minister shall appoint the chairman of the Review Body.
(3) The Secretary of State shall appoint other members of the Review Body.
(4) Schedule 11 (which makes provision about the Review Body) shall have effect.
(1) The School Teachers' Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to—
(a) the remuneration of school teachers, or
(b) other conditions of employment of school teachers which relate to their professional duties or working time.
(2) In subsection (1) “school teacher” means a person who is a school teacher for the purposes of the Secretary of State’s power under section 122 to make orders about remuneration and other conditions of employment.
(3) Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about—
(a) a consideration to which they are to have particular regard,
(b) matter on which they are to make a recommendation, or
(c) the time within which they are to report.
(4) Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.
(5) A direction under subsection (3) may be varied or revoked.
(1) Before reporting on a matter referred to them under section 120(1) the School Teachers' Review Body shall—
(a) notify each relevant body,
(b) give each relevant body an opportunity to submit evidence and make representations, and
(c) give the Secretary of State an opportunity to submit evidence and make representations.
(2) In relation to a matter referred to the Review Body “relevant body” means such of the following as appear to the Review Body to be appropriate to consult about the matter—
(a) associations of local education authorities,
(b) local education authorities,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
(3) The Review Body may—
(a) determine the manner in which each relevant body is permitted to submit evidence or make representations, and
(b) may make different determinations in respect of different relevant bodies.
(1) The Secretary of State may by order make provision for the determination of—
(a) the remuneration of school teachers;
(b) other conditions of employment of school teachers which relate to their professional duties or working time.
(2) Where an order under this section applies to a school teacher—
(a) his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,
(b) a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and
(c) a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.
(3) A person is a school teacher for the purposes of this section if—
(a) he is a qualified teacher,
(b) he provides primary or secondary education under a contract of employment or for services,
(c) the other party to the contract is a local education authority or the governing body of a foundation, voluntary aided or foundation special school, and
(d) the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).
(4) A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a local education authority.
(5) A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—
(a) he possesses a prescribed qualification,
(b) he provides education of a prescribed kind or in prescribed circumstances (or both),
(c) he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,
(d) he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or
(e) he is within a prescribed class of persons awaiting the award of a qualification.
(6) A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.
(7) In the application of subsection (2)—
(a) it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,
(b) it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and
(c) in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.
(8) In this section “prescribed” means prescribed by an order under this section.
(1) An order under section 122 may, in particular—
(a) confer discretion on a local education authority or a governing body;
(b) confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;
(c) require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;
(d) make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;
(e) make provision for a right of appeal specified by or determined in accordance with the order;
(f) limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;
(g) set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;
(h) set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;
(i) provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;
(j) provide for the determination of a question of the interpretation or application of a provision of the order.
(2) Provision under subsection (1)(e) or (j) may—
(a) confer jurisdiction on a court, tribunal, person or body;
(b) provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and local education authorities or teachers and governing bodies.
(3) An order under section 122 may make retrospective provision, but not so as to—
(a) reduce remuneration in respect of a period wholly or partly before the making of the order, or
(b) alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.
(4) The Secretary of State may by order provide—
(a) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);
(b) that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;
(c) that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.
(1) An order under section 122 may—
(a) make provision which applies generally or only in a specified case or in specified circumstances;
(b) make different provision for different cases or circumstances;
(c) make transitional provision.
(2) An order under section 122 may make provision by reference to the exercise of another power under this Act.
(3) An order under section 122 may make provision by reference to a document; and—
(a) an order which makes provision by reference to a document must include provision about publication of the document, and
(b) a reference in this section to an order includes a reference to a document referred to by an order.
(1) An order under section 122 may make provision about a matter only if the Secretary of State has—
(a) referred the matter to the School Teachers' Review Body under section 120, and
(b) considered their report.
(2) But subsection (1) shall not apply—
(a) to subsidiary provision, or
(b) in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.
(3) Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—
(a) concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,
(b) concerns only the criteria for moving from one scale of remuneration to another,
(c) concerns only the implementation or application of a system or principle on which the Review Body has reported,
(d) prescribes a matter for the purpose of section 122(5),
(e) is made under section 123(4), or
(f) is minor, consequential, temporary, transitional or designed to resolve an anomaly.
(4) The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—
(a) shall be subsidiary for the purpose of subsection (2)(a), or
(b) shall cease to be subsidiary for that purpose.
(5) An order under subsection (4) may amend subsection (3).
The Secretary of State may not make an order under section 122 or 125(4)(a) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the content of the order—
(a) associations of local education authorities,
(b) local education authorities,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
(1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.
(2) The following shall have regard to guidance under subsection (1)—
(a) a local education authority, and
(b) the governing body of a school.
(3) Where an employer fails to follow guidance under subsection (1)—
(a) the failure shall not give rise to civil liability, but
(b) a court or tribunal may take the failure into account in any proceedings.
(4) The Secretary of State may not issue guidance under subsection (1) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—
(a) associations of local education authorities,
(b) local education authorities,
(c) bodies representing the interests of governing bodies of schools, and
(d) bodies representing the interests of teachers.
(1) This section applies to a school which forms part of an education action zone for the purposes of Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31).
(2) On the application of the governing body of a school, the Secretary of State may by order provide that section 122(2) shall not apply to any school teacher at the school.
(3) Where an order under subsection (2) is in force in respect of a school—
(a) the governing body shall determine the remuneration and other conditions of employment of each school teacher at the school,
(b) the local education authority shall do anything necessary to give effect to the governing body’s determination, and
(c) pending a determination under paragraph (a), the terms on which a school teacher works at the school shall remain unchanged (irrespective of any new order under section 122).
(4) A governing body may not make an application under subsection (2) unless they have consulted each school teacher at the school.
(5) An application under subsection (2) must specify a date for commencement of the order sought; and—
(a) the date specified must not precede the expiry of the period of three months beginning with the date on which the application is made, and
(b) an order made on the application must provide that it comes into force on the date specified in the application or on a later date which is agreed between the Secretary of State and the governing body and which is specified in the order.
(6) The Secretary of State may make regulations about the application of section 122(2) where an order under subsection (2) above—
(a) is revoked, or
(b) lapses (in whole or in part) because one or more schools to which the order relates cease to form part of an education action zone.
(7) In this section “school teacher” has the same meaning as in section 122.
(1) Section 122(2) shall not apply to a person if—
(a) a maintained school is established in place of an independent school in pursuance of proposals published under section 28 or 31 of the School Standards and Framework Act 1998, and
(b) the person becomes a school teacher in the maintained school in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).
(2) But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—
(a) a date specified in the notice,
(b) if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or
(c) if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.
(3) Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the local education authority.
(4) In this section “school teacher” has the same meaning as in section 122.
(5) In subsection (1) “maintained school” means—
(a) a community school,
(b) a foundation school,
(c) a voluntary school,
(d) a community special school,
(e) a foundation special school, or
(f) a maintained nursery school.
The School Teachers' Pay and Conditions Act 1991 (c. 49) shall cease to have effect.
(1) Regulations may require the appraisal of the performance of teachers—
(a) in a manner specified by the regulations, and
(b) at times specified by or determined in accordance with the regulations.
(2) The regulations may impose a duty on—
(a) a local education authority;
(b) the governing body of a school or institution;
(c) the head teacher of a school or the principal of an institution.
(3) The regulations may—
(a) require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by or chosen or determined in accordance with the regulations;
(b) permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part.
(4) The regulations may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations.
(5) The results of an appraisal may be used in determining a teacher’s remuneration.
(6) Before making regulations under this section the Secretary of State shall consult such of the following as appear to him to be appropriate—
(a) associations of local education authorities in England,
(b) local education authorities in England,
(c) bodies representing the interests of governing bodies in England,
(d) bodies representing the interests of teachers in England, and
(e) the Learning and Skills Council for England.
(7) Before making regulations under this section the National Assembly for Wales shall consult such of the following as appear to it to be appropriate—
(a) associations of local education authorities in Wales,
(b) local education authorities in Wales,
(c) bodies representing the interests of governing bodies in Wales,
(d) bodies representing the interests of teachers in Wales, and
(e) the National Council for Education and Training for Wales.
(8) Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.
(1) A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.
(2) A requirement of regulations under this section may relate to—
(a) the possession of a specified qualification or experience of a specified kind;
(b) participation in or completion of a specified programme or course of training;
(c) compliance with a specified condition;
(d) an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.
(3) The Secretary of State shall consult the General Teaching Council for England before making regulations under this section which make provision by reference to—
(a) the content of a course or programme, or
(b) the standard of education or training provided through a course or programme.
(4) The National Assembly for Wales shall consult the General Teaching Council for Wales before making regulations under this section which make provision by reference to—
(a) the content of a course or programme, or
(b) the standard of education or training provided through a course or programme.
(1) Regulations may provide that specified work may not be carried out by a person in a school unless he—
(a) is a qualified teacher, or
(b) satisfies specified requirements.
(2) Regulations specifying work for the purpose of this section may make provision by reference to—
(a) one or more specified activities, or
(b) the circumstances in which activities are carried out.
(3) Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).
(4) A requirement of regulations under this section may, in particular, relate to—
(a) the possession of a specified qualification or experience of a specified kind;
(b) participation in or completion of a specified programme or course of training;
(c) compliance with a specified condition;
(d) an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.
(5) Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).
(6) In this section “school” means—
(a) a school maintained by a local education authority, or
(b) a special school not so maintained.
(1) Regulations may provide that specified work may be carried out in a school by a qualified teacher only if he is registered with full registration under section 3 of the Teaching and Higher Education Act 1998 (c. 30) (register maintained by General Teaching Council).
(2) Regulations may provide that work may be carried out by a person in reliance on section 133(1)(b) only if he is registered with provisional registration under section 3 of the Teaching and Higher Education Act 1998.
(3) Regulations may provide that a person may undertake a specified course of training with a view to becoming a qualified teacher only if he is registered with provisional registration under that section.
(4) Regulations specifying work for the purpose of subsection (1) or (2) may make provision by reference to—
(a) one or more specified activities, or
(b) the circumstances in which activities are carried out.
(5) In this section “school” means—
(a) a school maintained by a local education authority, or
(b) a special school not so maintained.