The Education (Induction Arrangements for School Teachers) (England) (Amendment) Regulations 2012

• Citation: S.I. 2012/513
• Sections: 18

Section 1 Citation 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.

Section 2 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

The Education (Induction Arrangements for School Teachers) (England) Regulations 2008 are amended in accordance with regulations 3 to 17.

Section 3 Amendment 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” .

Section 4 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In regulation 6 (appropriate body)—

(a) at the end of paragraph (c) omit “and” and insert “and” at the end of paragraph (d); and

(b) 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).

Section 5 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In regulation 7 (requirement to serve an induction period)—

(a) in paragraph (1) after “in a school” insert “, a 16 to 19 Academy”; and

(b) 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”.

Section 6 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In regulation 8 (institutions in which an induction period may be served)—

(a) 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;

(b) 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

(c) in paragraph (4)—

(i) for “paragraph (3)(c)” substitute “paragraphs (3)(c) and (3A)”; and

(ii) in sub-paragraph (a) after “schools” insert “or 16 to 19 Academies”.

Section 7 Amendment 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”.

Section 8 Amendment 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”.

Section 9 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In regulation 16 (completion of an induction period)—

(a) 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

(b) in paragraph (7)(b), for paragraph (ii) substitute—

(ii) the address to which notice of an appeal should be sent; and

Section 10 Amendment 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”.

Section 11 Amendment 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)—

(a) 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;”;

(b) in paragraphs (2)(b) and (3)(a) for “the Council” substitute “the Secretary of State or the Council”; and

(c) in paragraph (5) omit “in relation to a person who has failed satisfactorily to complete an induction period under the Welsh Induction Regulations,”.

Section 12 Amendment 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 Act .

(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.

Section 13 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In regulation 19 (appeals)—

(a) in each place where it occurs for “the Council” substitute “the Secretary of State”; and

(b) in paragraph (4)(c) for “it” substitute “the Secretary of State”.

Section 14 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In regulation 21 (charges)—

(a) after “independent school” insert “, 16 to 19 Academy”; and

(b) after “proprietor of a school” insert “or 16 to 19 Academy”.

Section 15 Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2008

In Schedule 2 (exemptions under these Regulations)—

(a) at the end of paragraph 14 insert “and Children”;

(b) in paragraph 18(d) for “the Training and Development Agency” substitute “the Secretary of State”; and

(c) 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 Regulations .

(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.

Section 16 Amendment 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”.

Section 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.

Section 18 Transitional 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.