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Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details)
Education Act 2011
2011 CHAPTER 21
An Act to make provision about education, childcare, apprenticeships and training;
to make provision about schools and the school workforce, institutions within the
further education sector and Academies; to abolish the General Teaching Council
for England, the Training and Development Agency for Schools, the School Support
Staff Negotiating Body, the Qualifications and Curriculum Development Agency
and the Young People's Learning Agency for England; to make provision about the
Office of Qualifications and Examinations Regulation and the Chief Executive of
Skills Funding; to make provision about student loans and fees; and for connected
purposes. [15th November 2011]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PROSPECTIVE PART 1 EARLY YEARS PROVISION 1 Free of charge early years provision (1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3). (2) For section 7 (duty to secure prescribed early years provision free of charge) substitute —
Part 1 – Early years provision Document Generated: 2013-01- Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) “ 7 Duty to secure early years provision free of charge in accordance with regulations (1) An English local authority must secure that early years provision of such description as may be prescribed is available free of charge, in accordance with any regulations under this subsection, for each young child in their area who— (a) is under compulsory school age, and (b) is of such description as may be prescribed. (2) Regulations under subsection (1) may in particular include provision about— (a) how much early years provision is to be made available in pursuance of the duty imposed by subsection (1); (b) the times at which, and periods over which, early years provision is to be made available in pursuance of that duty. (3) In discharging the duty under subsection (1) a local authority must have regard to any guidance given from time to time by the Secretary of State.” (3) After section 13 insert— “ 13A Supply of information: free of charge early years provision (1) This subsection applies to information held for the purposes of functions relating to tax credits— (a) by the Commissioners for Her Majesty's Revenue and Customs, or (b) by a person providing services to them, in connection with the provision of those services. (2) This subsection applies to information held for the purposes of functions relating to social security— (a) by the Secretary of State, or (b) by a person providing services to the Secretary of State, in connection with the provision of those services. (3) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or a person providing services to the Secretary of State, for use for the purpose of determining eligibility for free of charge early years provision. (4) Information to which subsection (2) applies may be supplied to an English local authority for use for that purpose. (5) Information received by virtue of subsection (3) may be supplied— (a) to another person to whom it could have been supplied under that subsection, or (b) to an English local authority, for use for that purpose. (6) The references in subsections (4) and (5)(b) to an English local authority include references to a person exercising on behalf of an English local
Part 2 – Discipline Document Generated: 2013-01- Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) PART 2 DISCIPLINE PROSPECTIVE 2 Power of members of staff at schools to search pupils (1) Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is amended as set out in subsections (2) to (5). (2) In section 550ZA (power of members of staff to search pupils for prohibited items: England)— (a) in subsection (3) (prohibited items), after paragraph (e) insert— “(ea) an article that the member of staff reasonably suspects has been, or is likely to be, used— (i) to commit an offence, or (ii) to cause personal injury to, or damage to the property of, any person (including P);”; (b) in that subsection, after paragraph (f) insert— “(g) any other item which the school rules identify as an item for which a search may be made.”; (c) after subsection (4), insert— “(4A) In subsection (3)(ea)(i), “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence. (4B) In subsection (3)(g), the “school rules” means— (a) in the case of a maintained school or a non-maintained special school, rules in force at the school that are made under measures determined and publicised by the head teacher under section 89 of the Education and Inspections Act 2006; (b) in the case of any other school, measures relating to discipline in the school that are determined and publicised in accordance with regulations. (4C) In subsection (4B)(a)— “maintained school” means— (a) a community, foundation or voluntary school, (b) a community or foundation special school, (c) a maintained nursery school, or (d) a pupil referral unit; “non-maintained special school” means a school that is approved under section 342.” (3) In section 550ZB (power of search under section 550ZA: supplementary)— (a) in subsection (5), after “section 550ZA” insert “ to search for an item within section 550ZA(3)(a) to (f) ”; (b) in subsection (6)—
Part 2 – Discipline Document Generated: 2013-01- 5 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (i) in paragraph (b), after “P” insert “ , unless the condition in subsection (6A) is satisfied ”; (ii) in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”; (c) after subsection (6), insert— “(6A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as P or in the presence of another member of staff (as the case may be).”; (d) in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”; (e) after subsection (7), insert— “(7A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.” (4) In section 550ZC (power to seize items found during search under section 550ZA)— (a) in subsection (2) after “subsection (1)” insert “ to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) ”; (b) after subsection (6) insert— “(6A) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must— (a) deliver the item to a police constable as soon as reasonably practicable, (b) return the item to its owner, (c) retain the item, or (d) dispose of the item. (6B) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it. (6C) In deciding what to do with an item under subsection (6A) or (6B), the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State. (6D) Subsections (6E) and (6F) apply to an item that— (a) has been seized under subsection (1),
Part 2 – Discipline Document Generated: 2013-01- 7 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (2) In section 85AA (power of members of staff to search students for prohibited items: England), in subsection (3) (prohibited items), after paragraph (e) insert— “(ea) an article that the member of staff reasonably suspects has been, or is likely to be, used— (i) to commit an offence, or (ii) to cause personal injury to, or damage to the property of, any person (including S);”. (3) In section 85AB (power of search under section 85AA: supplementary)— (a) in subsection (6)— (i) in paragraph (b), after “S” insert “ , unless the condition in subsection (6A) is satisfied ”; (ii) in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”; (b) after subsection (6), insert— “(6A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).”; (c) in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”; (d) after subsection (7), insert— “(7A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.” (4) In section 85AC (power to seize items found during search under section 85AA)— (a) after subsection (6) insert— “(6A) A person who seizes an item that is a prohibited item by virtue of section 85AA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must— (a) deliver the item to a police constable as soon as reasonably practicable, (b) return the item to its owner, (c) retain the item, or (d) dispose of the item. In deciding what to do with an item under this subsection, the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.
Part 2 – Discipline Document Generated: 2013-01- Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (6B) Subsections (6C) and (6D) apply to an item that— (a) has been seized under subsection (1), (b) is a prohibited item by virtue of section 85AA(3)(ea), and (c) is an electronic device. (6C) The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so. (6D) Following an examination under subsection (6C), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so. (6E) In determining whether there is a good reason for the purposes of subsection (6C) or (6D), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.”; (b) in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”. (5) In section 85AD (section 85AC: supplementary)— (a) in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”; (b) in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”; (c) after subsection (2), insert— “(2A) The items referred to in subsection (2)(a) are— (a) alcohol or its container; (b) a controlled drug; (c) a stolen article; (d) an article that is a prohibited item by virtue of section 85AA(3)(ea). (2B) Subsection (3) also applies where a person— (a) erases data or a file from an electronic device under section 85AC(6D); and (b) proves that the erasure was lawful.”; (d) in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”; (e) in subsection (4), after “(2)” insert “ , (2B) ”. PROSPECTIVE 4 Exclusion of pupils from schools in England: review (1) Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows. (2) Before section 52, insert—
Part 2 – Discipline Document Generated: 2013-01- Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (d) in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2). (9) Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel. (10) In this section— “budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998; “exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly); “maintained school” has the same meaning as in Chapter 1; “the responsible body” means— (a) in relation to exclusion from a maintained school, the governing body of the school; (b) in relation to exclusion from a pupil referral unit, such person as may be prescribed. (11) In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if— (a) paragraph (b) were omitted, and (b) the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil. (12) Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.” (3) In section 52 (exclusion of pupils)— (a) in subsection (1), after “maintained school” insert “ in Wales ”; (b) in subsection (2), after “pupil referral unit” insert “ in Wales ”; (c) in subsection (4)— (i) in paragraph (b), omit from first “(in” to “Wales)”; (ii) in paragraph (c), omit “the Secretary of State or” and “as the case may be,”; (d) in the heading, at the end insert “ : Wales ”. (4) Schedule 1 (consequential amendments) has effect. PROSPECTIVE 5 Repeal of requirement to give notice of detention to parent: England In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention outside school sessions), in subsection (3)(d), after “that” insert “ , in relation to a pupil at a school in Wales, ”.
Part 3 – School workforce Document Generated: 2013-01- 11 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) 6 Repeal of duty to enter into behaviour and attendance partnership Section 248 of ASCLA 2009 (co-operation with a view to promoting good behaviour etc: England) is repealed. PROSPECTIVE PART 3 SCHOOL WORKFORCE Abolition of the General Teaching Council for England 7 Abolition of the General Teaching Council for England (1) Section 1 of THEA 1998 (the General Teaching Council for England) is amended as follows. (2) For subsection (1), substitute— “(1) In this Act, “the Council” means the General Teaching Council for Wales (see section 8).” (3) For subsection (3), substitute— “(3) The functions conferred on the Council by or under this Chapter are exercisable by them only in relation to Wales.” (4) Omit subsection (10). (5) For the heading, substitute “ Aims and constitution of the Council ”. 8 Functions of Secretary of State in relation to teachers (1) In Part 8 of EA 2002 (teachers), after section 141 insert— “Teacher misconduct etc: England 141A Teachers to whom sections 141B to 141E apply (1) Sections 141B to 141E apply to a person who is employed or engaged to carry out teaching work at— (a) a school in England, (b) a sixth form college in England, (c) relevant youth accommodation in England, or (d) a children's home in England. (2) In subsection (1)— “children's home” has the same meaning as in the Care Standards Act 2000;
Part 3 – School workforce Document Generated: 2013-01- 13 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (5) The list may contain such other information in relation to the persons whose names are included on it as the Secretary of State considers appropriate. (6) The list must be available for inspection by members of the public. (7) In this section— “prohibition order” has the same meaning as in section 141B; “interim prohibition order” means an order made by virtue of paragraph 3 of Schedule 11A. 141D Supply of information following dismissal, resignation etc (1) This section applies where a relevant employer has ceased to use the services of a teacher because the teacher has been guilty of serious misconduct. (2) This section also applies where a relevant employer might have ceased to use the services of a teacher as mentioned in subsection (1) had the teacher not ceased to provide those services. (3) The employer must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State. (4) In this section— “relevant employer” means— (a) a local authority; (b) a person exercising a function relating to the provision of education on behalf of a local authority; (c) the proprietor of a school; (d) a sixth form college corporation; (e) a person who employs a person to teach in a children's home or in relevant youth accommodation; “education” includes vocational, social, physical and recreational training; “children's home” has the same meaning as in the Care Standards Act 2000; “services” includes professional and voluntary services; “teacher” means a person within section 141A(1). 141E Supply of information by contractor, agency etc (1) This section applies where arrangements have been made by a person (the “agent”) for a teacher to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract) and the agent has terminated the arrangements because the teacher has been guilty of serious misconduct. (2) This section also applies where the agent— (a) might have terminated the arrangements as mentioned in subsection (1) had the teacher not terminated them, or
Document Generated: 2013-01- Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) might have refrained from making new arrangements because of the teacher's serious misconduct had the teacher not ceased to be available for work. (3) The agent must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State. (4) In this section “relevant employer” and “teacher” have the same meanings as in section 141D.” (2) In EA 2002, after Schedule 11, insert— “SCHEDULE 11A Section 141B REGULATIONS ABOUT DECISIONS UNDER SECTION 141B Regulations: general 1 The Secretary of State must make regulations in accordance with the following provisions of this Schedule. Procedure for decisions under section 141B(2) 2 (1) Regulations under paragraph 1 must make provision about the procedure to be followed by the Secretary of State in reaching a decision under section 141B(2). (2) The regulations must not require a person to give evidence or produce any document or other material evidence which the person could not be compelled to give or produce in civil proceedings in any court in England and Wales. (3) The regulations may make provision for any functions of the Secretary of State under section 141B to be excluded or restricted in such circumstances as may be specified in or determined under the regulations. (4) The circumstances include, in particular, where the Secretary of State considers this to be appropriate taking into account the powers of the Independent Safeguarding Authority under the Safeguarding Vulnerable Groups Act 2006. Interim prohibition orders 3 (1) Regulations under paragraph 1 may make provision for the Secretary of State to make an interim prohibition order, pending the Secretary of State's final decision under section 141B(2). (2) Regulations about interim prohibition orders must provide that an interim prohibition order may be made only if the Secretary of State considers that it is necessary in the public interest to do so. (3) Regulations about interim prohibition orders must provide that the Secretary of State must review an interim prohibition order— (a) within six months of the order being made, and (b) within each subsequent six month period,
Document Generated: 2013-01- Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (a) for the Secretary of State to make a decision in a particular case about the effect in England of an order prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland; (b) about the effect in general in England of orders prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland.” 9 Requirement for teachers in England to serve induction period In Part 8 of EA 2002 (teachers), after section 135 insert— “Induction periods: teachers in England 135A Requirement to serve induction period: teachers in England (1) Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools in England, subject to such exceptions as may be provided by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in— (a) a relevant school, (b) in such circumstances as may be prescribed, a nursery school that— (i) is not maintained by a local authority, and (ii) is not a special school, (c) in such circumstances as may be prescribed, an independent school, or (d) in such circumstances as may be prescribed, an institution within the further education sector (or an institution within the further education sector of a prescribed description). (2) Regulations under this section may, in particular, make provision— (a) as to the length of the induction period in any prescribed circumstances; (b) as to periods of employment which are to count towards the induction period; (c) as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period; (d) precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served; (e) as to supervision and training during a person's induction period; (f) authorising the Secretary of State to determine the standards against which a person is to be assessed for the purpose of deciding whether the person has satisfactorily completed an induction period; (g) requiring the appropriate body to decide whether a person— (i) has achieved those standards and has accordingly satisfactorily completed his or her induction period, or (ii) should have his or her induction period extended by such period as may be determined by the appropriate body, or
Document Generated: 2013-01- 17 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (iii) has failed satisfactorily to complete his or her induction period; (h) requiring the head teacher of a school to make a recommendation to the appropriate body as to whether a person has achieved the standards mentioned in paragraph (f); (i) requiring the appropriate body to inform the Secretary of State of any decision under paragraph (g); (j) requiring the employer of a person employed as a teacher at a relevant school to secure— (i) the termination of that person's employment as a teacher, or (ii) that the person only undertakes such teaching duties as may be determined in accordance with the regulations, in such circumstances following a decision that the person has failed satisfactorily to complete his or her induction period as may be prescribed; (k) authorising or requiring the appropriate body to exercise such other functions as may be prescribed (which may include functions with respect to the provision of assistance to schools or to institutions within the further education sector or of training for teachers); (l) authorising the appropriate body in such circumstances as may be prescribed to make such reasonable charges in connection with the exercise of its functions under the regulations as it may determine; (m) requiring any person or body exercising any prescribed function under the regulations to have regard to any guidance given from time to time by the Secretary of State as to the exercise of that function. (3) Regulations under subsection (1)(d) may, in particular— (a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period; (b) provide for approval to be general or specific; (c) make provision (including transitional provision) about the withdrawal of approval; (d) impose conditions or limitations on the appropriate body's power to give or withhold approval. (4) In this section— “the appropriate body” means such person or body (including a local authority) as may be prescribed by, or determined by the Secretary of State in accordance with, regulations under this section (and such regulations may provide for an appropriate body which is not a local authority to include a representative of such an authority); “relevant school” means a school maintained by a local authority or a special school not so maintained. (5) In the application of this section to an institution within the further education sector— (a) a reference to a school term is to be read as a reference to a term of the institution; (b) a reference to the head teacher of a school is to be read as a reference to the principal of the institution.
Document Generated: 2013-01- 19 Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) 10 Abolition of the GTCE: transitional provision (1) Subsections (2) to (9) apply to a disciplinary order made by the General Teaching Council for England (“the Council”) by virtue of Schedule 2 to THEA 1998 that is in force immediately before the commencement date. (2) A prohibition order is to be treated, after the commencement date, as if it were a prohibition order made by the Secretary of State under section 141B of EA 2002. (3) A conditional registration order is to continue in force for the period during which any condition specified in the order has effect, or, if any condition specified in the order has effect without limit of time, until such time as the order is revoked. (4) A suspension order is to continue in force until the later of— (a) the end of the suspension period specified in the order, and (b) the date on which the person to whom the order relates has complied with any condition specified in the order by virtue of paragraph 4(2) of Schedule 2 to THEA 1998. (5) Where a conditional registration order remains in force after the commencement date by virtue of subsection (3), sub-paragraphs (1) to (3) of paragraph 3 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modification specified in subsection (6). (6) Sub-paragraph (1) of paragraph 3 is modified so that for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”. (7) Where a suspension order remains in force after the commencement date by virtue of subsection (4), sub-paragraphs (1) to (3) of paragraph 4 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modifications specified in subsection (8). (8) Sub-paragraphs (1) and (2) of paragraph 4 are modified as follows— (a) in sub-paragraph (1)— (i) in paragraph (a), for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”; (ii) paragraph (b) (and the “and” preceding it) is omitted; (iii) in the words following paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”; (b) in sub-paragraph (2)— (i) in paragraph (a), for “become eligible again for registration under section 3” there is substituted “ be allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”; (ii) in paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”. (9) Where a conditional registration order or a suspension order remains in force after the commencement date by virtue of subsection (3) or (4)— (a) any regulations under Schedule 2 to THEA 1998 that make provision about the variation or revocation of disciplinary orders continue to apply in relation to the order, but those regulations have effect as if functions conferred on the Council (or a committee of the Council) by the regulations had been transferred to the Secretary of State;
Document Generated: 2013-01- Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2011. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) (b) regulations under paragraph 6 of Schedule 2 to THEA 1998 (appeals against disciplinary orders to High Court) continue to apply; (c) the Secretary of State may consider an application to vary or revoke the order. (10) The Secretary of State may include on the list maintained under section 141C of EA 2002 (list of persons prohibited from teaching etc) any person in relation to whom a conditional registration order or a suspension order is in force. (11) Where immediately before the commencement date a teacher in England was the subject of an investigation by the Council (or a committee of the Council) by virtue of Schedule 2 to THEA 1998, the Secretary of State may continue the investigation and make a decision under section 141B of EA 2002. (12) In this section— “the commencement date” means the date on which section 7 (abolition of the General Teaching Council for England) comes into force; “disciplinary order”, “conditional registration order” and “suspension order” have the same meanings as in Schedule 2 to THEA 1998 (see paragraph 2(3)). 11 Abolition of the GTCE: consequential amendments (1) Schedule 2 (consequential amendments) has effect. (2) The Secretary of State may by order make changes in consequence of sections 7 to 10 to any provision of subordinate legislation made before the date on which this Act is passed. (3) “Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978. 12 Abolition of the GTCE: transfer schemes Schedule 3 (schemes for the transfer of staff, property, rights and liabilities from the General Teaching Council for England to the Secretary of State) has effect. Reporting restrictions 13 Restrictions on reporting alleged offences by teachers (1) In Part 8 of EA 2002 (teachers), after section 141E (inserted by section 8), insert— “Allegations of offences committed by teachers in England and Wales: reporting restrictions 141F Restrictions on reporting alleged offences by teachers (1) This section applies where a person who is employed or engaged as a teacher at a school is the subject of an allegation falling within subsection (2). (2) An allegation falls within this subsection if—
