Office of Public Sector Information
PART 8 continued
(1) Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.
(2) Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).
(3) A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.
(4) Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—
(a) pending the appointment of a head teacher, or
(b) in the absence of the head teacher.
(5) In this section “school” means—
(a) a school maintained by a local education authority, or
(b) a special school not so maintained.
Regulations may—
(a) prohibit the provision of education at a further education institution by a person who does not have a specified qualification;
(b) prohibit the provision of education at a further education institution by a person unless he is serving or has served a probationary period;
(c) specify conditions to be complied with by or in respect of persons providing education at a further education institution.
(1) Regulations may provide that a person may serve as the principal of a further education institution only if he has a specified qualification.
(2) Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—
(a) is of a kind specified in the regulations, and
(b) is designed to lead to the award of a qualification specified under subsection (1).
(3) A provision of regulations under subsection (1) shall not apply to a person who has been appointed as the principal of an institution before the commencement of the provision.
(4) Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—
(a) pending the appointment of a principal, or
(b) in the absence of the principal.
(1) This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1).
(2) The Secretary of State may by regulations—
(a) prohibit the provision by a further or higher education institution in England of a course to which this section applies without the approval of the Secretary of State;
(b) enable the Secretary of State to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in England;
(c) enable the Secretary of State to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in England.
(3) The National Assembly for Wales may by regulations—
(a) prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;
(b) enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;
(c) enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.
(1) The National Assembly for Wales may by regulations—
(a) prohibit the provision by an institution to which this section applies of a course of higher education without the approval of the National Assembly;
(b) enable the National Assembly to determine the number of persons who may undertake a course of higher education at an institution to which this section applies;
(c) enable the National Assembly to determine the number of persons in different categories who may undertake a course of higher education at an institution to which this section applies.
(2) This section applies to an institution in Wales which provides further or higher education and is within the further education sector.
(1) Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.
(2) Regulations under any of sections 136 to 139 may impose a function on—
(a) a local education authority, or
(b) the governing body of a further or higher education institution.
(3) In sections 136 to 139—
“education” includes vocational, social, physical and recreational training,
“further education institution” means an institution which—
provides further education and is maintained by a local education authority, or
is within the further education sector, and
“higher education institution” means an institution which—
is within the higher education sector, and
receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).
(1) Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.
(2) This section applies to an activity of a prescribed kind performed in the course of the provision of education at—
(a) a school, or
(b) a further education institution.
(3) This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—
(a) otherwise than in a school or a further education institution, and
(b) under a contract of employment or for services where the other party is a local education authority or a person exercising a function relating to the provision of education on behalf of a local education authority.
(4) This section also applies to an activity of a prescribed kind (other than the provision of education) where—
(a) the activity is carried out by a person under a contract of employment or for services,
(b) the other party to the contract is a local education authority or the governing body of a school or a further education institution, and
(c) the activity regularly brings the person into contact with children.
(5) In this section—
“child” means a person who has not attained the age of 18 years,
“education” includes vocational, social, physical and recreational training,
“further education institution” has the meaning given by section 140, and
“school” means—
a school maintained by a local education authority, or
a special school not so maintained.
(1) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may direct that a person—
(a) may not carry out work to which this section applies;
(b) may carry out work to which this section applies only in circumstances specified in the direction;
(c) may carry out work to which this section applies only if conditions specified in the direction are satisfied.
(2) This section applies to—
(a) providing education at a school,
(b) providing education at a further education institution,
(c) providing education under a contract of employment or for services where the other party to the contract is a local education authority or a person exercising a function relating to the provision of education on behalf of a local education authority, and
(d) taking part in the management of an independent school.
(3) This section also applies to work of a kind which—
(a) brings a person regularly into contact with children, and
(b) is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).
(4) A direction under this section may be given in respect of a person only—
(a) on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (list of individuals considered unsuitable to work with children),
(b) on the grounds that the person is unsuitable to work with children,
(c) on grounds relating to the person’s misconduct,
(d) on grounds relating to the person’s health, or
(e) in the case of a direction given by virtue of subsection (2)(d), on grounds relating to the person’s professional incompetence (or on a ground mentioned in any of paragraphs (a) to (d)).
(5) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).
(6) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may vary or revoke a direction under this section except in a case where—
(a) the direction was given on the grounds that a person is unsuitable to work with children, and
(b) the person claims that he is no longer unsuitable to work with children.
(7) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (6).
(8) Where a person is subject to a direction under this section, a relevant employer shall not use the person to carry out work in contravention of the direction.
(9) In this section—
“child” means a person who has not attained the age of 18 years,
“education” includes vocational, social, physical and recreational training,
“further education institution” has the meaning given by section 140,
“relevant employer” means—
local education authority,
a person exercising a function relating to the provision of education on behalf of a local education authority,
the proprietor of a school, or
the governing body of a further education institution, and
“school” includes an independent school.
(1) A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction.
(2) If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.
(3) If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.
(4) A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order.
(5) A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.
(1) A person in respect of whom a direction has been given under section 142 may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999 (c. 14)—
(a) against the decision to give the direction;
(b) against a decision not to vary or revoke the direction.
(2) In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.
(3) This subsection applies to a case where—
(a) the direction was given on the grounds that the applicant is unsuitable to work with children,
(b) the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and
(c) the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.
(4) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—
(a) provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence;
(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;
(c) prescribe the powers available to the Tribunal on allowing an appeal under this section;
(d) prescribe circumstances in which the Tribunal shall grant an application for leave under this section;
(e) prescribe circumstances in which the Tribunal shall grant an application for a review under this section;
(f) prescribe the powers available to the Tribunal on revoking a direction.
(1) A power under sections 132 to 140 to make provision by reference to a specified qualification, a specified course of education or training or a specified programme includes power to make provision—
(a) by reference to a class or description of qualification, course or programme;
(b) by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme;
(c) which confers discretion on the Secretary of State, the Teacher Training Agency, the General Teaching Council for England, the National Assembly for Wales, the Higher Education Funding Council for Wales, the General Teaching Council for Wales or another specified person.
(2) A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution.
(3) Regulations made by virtue of subsection (1) may impose a duty on the Teacher Training Agency or the Higher Education Funding Council for Wales.
Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.
(1) This section—
(a) applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers' Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and
(b) shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions).
(2) Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded.
(3) Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point.
(4) In paragraph 18.1.1 (good honours degree)—
(a) paragraph (a) shall be ignored,
(b) paragraph (b) shall be treated as applying irrespective of the date of a person’s appointment to his first post following qualification as a teacher, and
(c) in paragraph (c) the words “before 1st September has been employed as a qualified teacher and who” shall be ignored.
Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.
Education Act 2002