Education Act 2002

Section 148

SCHEDULE 12E+WThe General Teaching Councils for England and Wales

Part 1 E+WAmendments of Teaching and Higher Education Act 1998

1E+WThe Teaching and Higher Education Act 1998 (c. 30) is amended as follows.

2E+WIn section 2 (which relates to the advisory functions of the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales), in subsection (2) before the word “and” immediately following paragraph (e) there is inserted—

“(ee)the supply of teachers;

(ef)the retention of teachers within the teaching profession;

(eg)the standing of the teaching profession;”.

4(1)Section 4 (which relates to regulations about the registration of teachers with the General Teaching Council for England, and is applied by section 9 in relation to the General Teaching Council for Wales) is amended as follows.E+W

(2)In subsection (2), after paragraph (b) there is inserted—

“(ba)the service on applicants for registration of notice of the Council’s decision to grant or refuse the application and, in the case of a refusal, of the grounds on which the decision was taken and (where applicable) of the applicant’s right to appeal against the decision under section 4A;”.

(3)After subsection (4) there is inserted—

“(4A)The Council, in exercising any power to fix fees authorised by virtue of subsection (4), shall have regard to the expenditure of the Council in exercising—

(a)their functions under this Act relating to registration, and

(b)all other functions conferred on them under this Act or any other enactment.”

(4)After subsection (5) there is inserted—

“(6)In this section “registration” means full registration or provisional registration.”

6E+WAfter section 6 there is inserted—

“6A Power to promote teaching profession

(1)The Council may undertake activities designed to promote the standing of the teaching profession.

(2)Without prejudice to the generality of subsection (1), such activities may include—

(a)giving advice,

(b)organising conferences and lectures, and

(c)arranging for the publication of material in any form.”

7E+WIn section 9(1) (which lists provisions applying to the General Teaching Council for Wales), for “and section 7” there is substituted—

• “section 6A, and

• section 7,”.

9E+WIn section 42 (orders and regulations), in subsection (2) (a) (orders subject to negative resolution procedure), after “section 7 or 8” there is inserted “ or paragraph 18 of Schedule 1 ”.

11E+WIn Schedule 1 (constitution etc. of General Teaching Council for England), after paragraph 17 there is inserted—

“Power to amend Schedule

18(1)The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of removing or relaxing any control exercisable by him by virtue of any of the provisions of this Schedule specified in sub-paragraph (2).

(2)Those provisions are—

(a)paragraph 2(3),

(b)paragraph 4,

(c)paragraph 5,

(d)paragraph 6,

(e)paragraph 11

(f)paragraph 14(2).”

12(1)Schedule 2 (disciplinary powers of Council) is amended as follows.E+W

(2)For paragraph 4 (suspension orders) there is substituted—

“4(1)Where a suspension order is made in relation to a person—

(a)he shall cease to be eligible for registration under section 3, and

(b)if he is a registered person at the time when the order is made, his name shall be removed from the register accordingly,

but, subject to sub-paragraph (2), he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order.

(2)A suspension order may specify conditions to be complied with by the person to whom the order relates and where it does so—

(a)that person shall become eligible again for registration under section 3 at the end of the period specified under sub-paragraph (1) only if he has then complied with the conditions; and

(b)if he has not then complied with the conditions, he shall not become so eligible again until he has complied with the conditions.

(3)Sub-paragraphs (a) and (b) of paragraph 3(2) apply in relation to a suspension order as they apply in relation to a conditional registration order.

(4)A person in relation to whom conditions have been specified in a suspension order may, in accordance with regulations, apply to the Council for them to vary or revoke any of the conditions.”

(3)In paragraph 8 (interpretation), after sub-paragraph (1) there is inserted—

“(1A)References in this Schedule to registration under section 3 are references to registration under that section with full or provisional registration.”