The Education (Induction Arrangements for School Teachers) (England) (Amendment) Regulations 2012
S.I. 2012/513 · Made 28 February 2012
Education, England
Made 28th February 2012
Laid before Parliament 5th March 2012
Coming into force 1st April 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 135A, 135B, 141C(1)(b) and 214(1) of the Education Act 2002f1:
Annotations to the whole text
Footnotes
- f1
-
2002 c.32. Sections 135A, 135B and 141C were inserted by sections 8 and 9 of the Education Act 2011 (c.21). See section 212(1) of the Education Act 2002 for the definitions of “prescribed” and “regulations”.
Contents
- 1Citation and commencement
- 2Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 3Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 4Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 5Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 6Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 7Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 8Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 9Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 10Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 11Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 12Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 13Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 14Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 15Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 16Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 17Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
- 18Transitional provision
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) (Amendment) Regulations 2012 and come into force on 1st April 2012.
2Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
The Education (Induction Arrangements for School Teachers) (England) Regulations 2008 f1 are amended in accordance with regulations 3 to 17.
3Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 3 (interpretation) in the definition of institution after “an independent school” insert “,a 16 to 19 Academy”f1 .
4Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 6 (appropriate body)—
at the end of paragraph (c) omit “and” and insert “and” at the end of paragraph (d); and
after paragraph (d) insert—
“(e)the appropriate body in relation to a 16 to 19 Academy is the relevant body referred to in regulation 8(3A).”.
5Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 7 (requirement to serve an induction period)—
in paragraph (1) after “in a school” insert “, a 16 to 19 Academy”; and
In paragraph (2) for “in accordance with section 43(2) of the Teaching and Higher Education Act 1998” substitute “by a local authority, governing body or other person who engages (or makes arrangements for the engagement of) that person to provide such services”.
6Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 8 (institutions in which an induction period may be served)—
after paragraph (1)(b) insert—
“(ba)when section 53 of the Education Act 2011 is fully in force, in the circumstances specified in paragraph (3A), a 16 to 19 Academy;”;
after paragraph (3) insert—
“(3A)A person may only serve an induction period in a 16 to 19 Academy where before the start of the induction period the proprietor of the Academy and a relevant body have agreed that that body is to act as the appropriate body in relation to the Academy.”;
and
in paragraph (4)—
for “paragraph (3)(c)” substitute “paragraphs (3)(c) and (3A)”; and
in sub-paragraph (a) after “schools” insert “or 16 to 19 Academies”.
7Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 9 (length of an induction period) in paragraph (4)(b) after “period in a” insert “16 to 19 Academy or a”.
8Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 10 (periods of employment counting towards an induction period) in paragraph (6) after “school” insert “or 16 to 19 Academy”.
9Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 16 (completion of an induction period)—
in paragraph (3)(b)(iii), and in paragraph (7) in the first two places where it occurs, for “the Council” substitute “the Secretary of State”; and
in paragraph (7)(b), for paragraph (ii) substitute—
“(ii)the address to which notice of an appeal should be sent; and”.
10Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In the heading to regulation 17 (extension of an induction period), and in regulation 17(a), for “the Council” substitute “the Secretary of State”.
11Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 18 (termination of employment following failure to complete an induction period satisfactorily)—
for paragraph (2)(a) substitute “no appeal is made to the Secretary of State or, in relation to a person who has failed satisfactorily to complete an induction period under the Welsh Induction Regulations, the Council;”;
in paragraphs (2)(b) and (3)(a) for “the Council” substitute “the Secretary of State or the Council”; and
in paragraph (5) omit “in relation to a person who has failed satisfactorily to complete an induction period under the Welsh Induction Regulations,”.
12Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
After regulation 18 insert—
“Inclusion on the list of persons who have failed satisfactorily to complete an induction period
18A.(1)Subject to paragraph (2), the name of any person in respect of whom a decision is made under regulation 16(5)(c) of these Regulations that the person has failed satisfactorily to complete the induction period which the person is required to serve, must be included on the list kept by the Secretary of State under section 141C(1)(b) of the 2002 Actf1.
(2)The name of the person must not be included on the list until—
(a)the time within which an appeal against the decision may be made has expired; or
(b)any such appeal is withdrawn or dismissed.”.
13Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 19 (appeals)—
in each place where it occurs for “the Council” substitute “the Secretary of State”; and
in paragraph (4)(c) for “it” substitute “the Secretary of State”.
14Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In regulation 21 (charges)—
after “independent school” insert “, 16 to 19 Academy”; and
after “proprietor of a school” insert “or 16 to 19 Academy”.
15Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In Schedule 2 (exemptions under these Regulations)—
at the end of paragraph 14 insert “and Children”;
in paragraph 18(d) for “the Training and Development Agency” substitute “the Secretary of State”; and
after paragraph 21 insert—
“22.A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13A of Schedule 2 to, the 2003 Qualifications Regulationsf1.
23.A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13B of Schedule 2 to, the 2003 Qualifications Regulations.”.
16Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In Schedule 3 (special provisions applying to qualified teachers who have not passed the numeracy skills test) in paragraphs 3(b) and 5(b) for “the Council” substitute “the Secretary of State”.
17Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008
In Schedule 4 (procedure for appeals)—
other than in paragraph 16, in each place where it occurs for “the Council” substitute “the Secretary of State”;
in paragraph 2(2) delete “it is”;
in paragraphs 6(1) and (2) in each place where it occurs for “it” substitute “the Secretary of State”;
in paragraph 11(3) for “it must send notice of its decision” substitute “the Secretary of State must send notice of the decision”;
after paragraph 12 insert—
“Appeal panels
12A.(1)Where an appeal is to be decided on the basis of an oral hearing, the Secretary of State must appoint a panel in accordance with sub-paragraph (2) to consider the appeal.
(2)A panel must include at least three persons, comprising—
(a)one or more teachers or persons who have been teachers in the past five years; and
(b)one or more other persons.”;
in paragraph 15(1) for “it” substitute “the Secretary of State”;
in paragraph 16—
in each place where it occurs for “the Council” substitute “the panel”;
after sub-paragraph (1) insert—
“(1A)A panel must consider cases referred to it by the Secretary of State in accordance with the provisions of this paragraph.”;
and
after sub-paragraph (8) insert—
“(9)The panel must make a recommendation to the Secretary of State as to whether the appeal should be allowed.”;
in paragraph 17(2) for “it made its decision” substitute “the decision was made”;
in paragraph 18—
in sub-paragraph (1) for “its” substitute “a”; and
for sub-paragraph (2) substitute—
“(2)Where any such irregularity comes to the attention of the Secretary of State, the Secretary of State may and must, if of the opinion that either party may have been prejudiced by the irregularity, give such directions as appear to be just before reaching a decision to cure or waive the irregularity.”.
18Transitional provision
Where an appeal made to the General Teaching Council for England under regulation 19 of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 is not decided before 1st April 2012, the appeal is to be treated as an appeal to the Secretary of State.
Signature
Nick Gibb
Minister of State
Department for Education
28th February 2012
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 (“the 2008 Regulations”).
The General Teaching Council for England (“the GTCE”) is to be abolished with effect from the 1st April 2012. The 2008 Regulations are amended to provide that the functions of the GTCE with regard to the induction arrangements for school teachers are to be carried out by the Secretary of State. Those functions relate primarily to dealing with appeals against a decision that a person has failed satisfactorily to complete an induction period. Where an appeal is in progress on 1st April, the appeal is to be treated as an appeal to the Secretary of State. Provision is made for the Secretary of State to appoint a panel to hear appeals and to make recommendations to the Secretary of State as to whether they should be allowed.
The 2008 Regulations are also amended to provide that induction may be served in a 16 to 19 Academy, and to provide for the appropriate body for such Academies. The appropriate body is any body whom the Secretary of State has determined may act as such, or an authority.
Section 141C(1)(b) of the Education Act 2002 (inserted by the Education Act 2011) provides that the Secretary of State must keep a list containing the names of persons who have begun, but who have failed satisfactorily to complete, an induction period in prescribed circumstances. Regulation 10 provides that the name of any person in respect of whom a decision is made that they have failed satisfactorily to complete an induction period must be included on that list. The name cannot be added until the time for appeal has expired or the appeal has been dismissed.
Regulation 15 adds two new exemptions to the list of persons who may be employed as a qualified teacher in a relevant school (as defined in section 135A(4)) without having completed an induction period: subject to exceptions, teachers from certain overseas jurisdictions, and persons who have been awarded qualified teacher learning and skills status and are members of the Institute for Learning.
An impact assessment has not been produced for this instrument as no impact on businesses or civil society organisations is foreseen. The impact on the public sector is minimal.