Education Act 2002 (c. 32)

Part 8 E+W Teachers

School teachers’ appraisal E+W

131 Appraisal E+W

(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 [F1 local 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 [F2 local authorities] in England,

(b) [F2 local authorities] in England,

(c) bodies representing the interests of governing bodies in England,

(d) bodies representing the interests of teachers in England, F3 ...

F3 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F2 local authorities] in Wales,

(b) [F2 local authorities] in Wales,

(c) bodies representing the interests of governing bodies in Wales, [F4 and]

(d) bodies representing the interests of teachers in Wales, F5 ...

F5 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(3)

F3 S. 131(6)(e) and word repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 46, Sch. 2 Pt. 1 (with art. 2(3))

F4 Word in s. 131(7)(c) inserted (1.4.2006) by The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 87(a) (with art. 7)

F5 S. 131(7)(e) and word omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 87(b) (with art. 7)

Commencement Information

I1 S. 131 wholly in force at 19.12.2002; s. 131 not in force at Royal Assent, see s. 216; s. 131 in force for E. at 1.10.2002 by S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); s. 131 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I