Regulation 17 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In Schedule 4 (procedure for appeals)—

(a)

other than in paragraph 16, in each place where it occurs for “the Council” substitute “the Secretary of State”;

(b)

in paragraph 2(2) delete “it is”;

(c)

in paragraphs 6(1) and (2) in each place where it occurs for “it” substitute “the Secretary of State”;

(d)

in paragraph 11(3) for “it must send notice of its decision” substitute “the Secretary of State must send notice of the decision”;

(e)

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.”;

(f)

in paragraph 15(1) for “it” substitute “the Secretary of State”;

(g)

in paragraph 16—

(i)

in each place where it occurs for “the Council” substitute “the panel”;

(ii)

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

(iii)

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.”;

(h)

in paragraph 17(2) for “it made its decision” substitute “the decision was made”;

(i)

in paragraph 18—

(i)

in sub-paragraph (1) for “its” substitute “a”; and

(ii)

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.”.