Explanatory note

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.