Teaching and Higher Education Act 1998

Supplementary E+W

F1 11 Registration requirement for teachers at schools. E+W

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Textual Amendments

F1 S. 11 repealed (1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 80, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3

12 Deduction of fees from salaries, etc. E+W

(1) Regulations may, in relation to teachers to whom this section applies, make provision requiring employers of such teachers (subject to such exceptions as may be provided for by or under the regulations)—

(a) to deduct (or arrange for the deduction) from the salary of such teachers any fee payable by virtue of section 4(4) in respect of the registration or retention of an entry on the register relating to any such teacher, and

(b) to remit that fee to the relevant Council.

(2) This section applies to teachers at schools who, on such date or during such period as may be specified in the regulations, are—

(a) registered in the register, or

[F2 (b) required to be registered in the register by virtue of section 134 of the Education Act 2002]

(3) The regulations may make provision with respect to—

(a) the arrangements to be adopted by employers of teachers to whom this section applies for the deduction and remittance of fees,

(b) the administration charges which may be deducted from any fees remitted to the relevant Council, and

(c) the notification to the relevant Council by employers of such teachers of such particulars relating to those teachers as the regulations may specify.

(4) In this section—

• [F3 “registration” means full registration or provisional registration;]

• “relevant Council” means the Council or (after their establishment) the General Teaching Council for Wales;

• “salary” includes any remuneration payable in respect of services as a teacher;

• [F4 “school” means a school maintained by a local education authority or a special school not so maintained]

Textual Amendments

F2 S. 12(2)(b) substituted (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 81(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3

F3 Words in s. 12(4) inserted (1.8.2003 for E. for specified purposes, 6.11.2006 so far as not already in force except in relation to W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 12 para. 8 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3; S.I. 2006/2895, art. 2

F4 Words in s. 12(4) substituted (19.12.2002 for W., 1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 81(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/1667, art. 3

F5 13 Consultation about qualified teacher status. E+W

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Textual Amendments

F5 S. 13 repealed (1.8.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 82, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3

14 Supply of information relating to teachers: general. E+W

(1) The Secretary of State shall supply the Council or the General Teaching Council for Wales with such information relating to individual teachers as he considers it to be necessary or desirable for them to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.

(2) Each of those Councils shall supply the Secretary of State with such information as he may request for the purpose of—

(a) statistical analysis, or

(b) any other function of his relating to teachers.

(3) The Secretary of State may by regulations require either Council to supply information—

(a) to such other person or body, and

(b) for such purposes and subject to such conditions,

as may be prescribed.

(4) Without prejudice to the generality of subsection (3), once the General Teaching Council for Wales have been established, that Council and the General Teaching Council for England shall each supply the other with such information as it is necessary or desirable for that other Council to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.

Commencement Information

I1 S. 14 wholly in force at 1.9.2000; s. 14 not in force at Royal Assent see s. 46(4); s. 14(3) in force at 5.4.2000 and s. 14(1)(2)(4)(5) in force at 1.9.2000 by S.I. 2000/970, arts. 2, 3

[F6 15 Supply of information following dismissal, resignation, &c. E+W

(1) This section applies where a relevant employer—

(a) has ceased to use [F7 the services of a registered teacher on a ground mentioned in subsection (1A)], or

(b) might have ceased to use [F8 a registered teacher's] services on a ground mentioned in that [F9 subsection] had [F10 the teacher] not ceased to provide those services.

[F11 (1A) The grounds are—

(a) misconduct;

(b) professional incompetence;

(c) conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.]

(2) In the case of [F12 a teacher] who was providing services to a relevant employer in England, the employer shall provide prescribed information to [F13 the Council].

(3) In the case of [F14 a teacher] who was providing services to a relevant employer in Wales, the employer shall provide prescribed information to [F15 the General Teaching Council for Wales].

F16 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In this section—

• [F17 “relevant employer” means—

  (a) a local education authority;

  (b) a person exercising a function relating to the provision of education on behalf of a local education authority;

  (c) the proprietor of a school;

  (d) the governing body of a further education institution;

• “education” includes vocational, social, physical and recreational training;

• “proprietor” and “school” have the meanings given in the Education Act 1996;

• “further education institution” has the meaning given in section 140 of the Education Act 2002;]

• “services” includes professional and voluntary services.]

Textual Amendments

F6 Ss. 15, 15A substituted for s. 15 (31.3.2003 for W. and 1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 83 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

F7 Words in s. 15(1)(a) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)

F8 Words in s. 15(1)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(b)(i) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)

F9 Word in s. 15(1)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(b)(ii) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)

F10 Words in s. 15(1)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(2)(b)(iii) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)

F11 S. 15(1A) inserted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(3) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)

F12 Words in s. 15(2) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(4)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(ii)

F13 Words in s. 15(2) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(4)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(ii)

F14 Words in s. 15(3) substituted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.

F15 Words in s. 15(3) substituted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(5)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.

F16 S. 15(4) repealed (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(6), Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)

F17 Definitions in s. 15(5) substituted (17.12.2008 for E. for specified purposes) for the definition of “relevant employer” by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 5(7) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(i)

[F6 15A Supply of information by contractor, agency, &c. E+W

(1) This section applies to arrangements made by one person (the “agent”) for [F18 a registered teacher (the “teacher”)] to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).

(2) Subsections (3) and (4) apply where an agent—

(a) has terminated the arrangements on a ground mentioned in [F19 section 15(1A)],

(b) might have terminated the arrangements on a ground mentioned in that [F20 subsection] if the worker had not terminated them, or

(c) might have refrained from making new arrangements for a [F21 teacher] on a ground mentioned in that [F22 subsection] if he had not ceased to make himself available for work.

(3) In the case of arrangements for a [F23 teacher] to carry out work in England, the agent shall provide prescribed information to [F24 the Council].

(4) In the case of arrangements for a [F25 teacher] to carry out work in Wales, the agent shall provide prescribed information to [F26 the General Teaching Council for Wales].

(5) If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.

(6) If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.

(7) A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.

(8) A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.

(9) [F27 Subsection] (5) of section 15 shall apply for the purposes of this section as [F28 it applies] for the purposes of that section.]

Textual Amendments

F6 Ss. 15, 15A substituted for s. 15 (31.3.2003 for W. and 1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 83 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

F18 Words in s. 15A(1) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(2) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)

F19 Words in s. 15A(2)(a) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)

F20 Word in s. 15A(2)(b) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)

F21 Word in s. 15A(2)(c) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(c)(i) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)

F22 Word in s. 15A(2)(c) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(3)(c)(ii) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)

F23 Word in s. 15A(3) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(4)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(v)

F24 Words in s. 15A(3) substituted (17.12.2008 for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(4)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(v)

F25 Word in s. 15A(4) substituted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.

F26 Words in s. 15A(4) substituted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(5)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.

F27 Word in s. 15A(9) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(6)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)

F28 Words in s. 15A(9) substituted (17.12.2008 for E. for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 9 para. 6(6)(b) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2008/3204, art. 2(b)(iv)