Law

Education Act 2002

United Kingdom · statute

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In force since 2026-09-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 250 provisions

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250 provisions

130 Repeal of School Teachers’ Pay and Conditions Act 1991

The School Teachers’ Pay and Conditions Act 1991 (c. 49) shall cease to have effect.

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131 Appraisal

(1) Regulations may require the appraisal of the performance of teachers— (a) in a manner specified by the regulations, and (b) at times specified by or determined in accordance with the regulations. (2) The regulations may impose a duty on— (a) a local authority; (b) the governing body of a school or institution; (c) the head teacher of a school or the principal of an institution. (3) The regulations may— (a) require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by or chosen or determined in accordance with the regulations; (b) permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part. (4) The regulations may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations. (5) The results of an appraisal may be used in determining a teacher’s remuneration. (6) Before making regulations under this section the Secretary of State shall consult such of the following as appear to him to be appropriate— (a) associations of local authorities in England, (b) local authorities in England, (c) bodies representing the interests of governing bodies in England, (d) bodies representing the interests of teachers in England, ... (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Before making regulations under this section the National Assembly for Wales shall consult such of the following as appear to it to be appropriate— (a) associations of local authorities in Wales, (b) local authorities in Wales, (c) bodies representing the interests of governing bodies in Wales, and (d) bodies representing the interests of teachers in Wales, ... (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.

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132 Qualified teacher status

(1) A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations. (2) A requirement of regulations under this section may relate to— (a) the possession of a specified qualification or experience of a specified kind; (b) participation in or completion of a specified programme or course of training; (c) compliance with a specified condition; (d) an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The National Assembly for Wales shall consult the Education Workforce Council before making regulations under this section which make provision by reference to— (a) the content of a course or programme, or (b) the standard of education or training provided through a course or programme.

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133 Requirement to be qualified

(1) Regulations may provide that specified work may not be carried out by a person in a school in England unless he— (a) is a qualified teacher, or (b) satisfies specified requirements. (2) Regulations specifying work for the purpose of this section may make provision by reference to— (a) one or more specified activities, or (b) the circumstances in which activities are carried out. (3) Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3). (4) A requirement of regulations under this section may, in particular, relate to— (a) the possession of a specified qualification or experience of a specified kind; (b) participation in or completion of a specified programme or course of training; (c) compliance with a specified condition; (d) an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description. (5) Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b). (6) In this section “school” means— (a) a school maintained by a local authority, or (b) a special school not so maintained , or (c) Academies of a description specified by the Secretary of State in regulations under this section.

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134 Requirement to be registered: teachers in Wales

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135 Head teachers

(1) Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher. (2) Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)). (3) A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision. (4) Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school— (a) pending the appointment of a head teacher, or (b) in the absence of the head teacher. (5) In this section “school” means— (a) a school maintained by a local authority, or (b) a special school not so maintained.

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135A Requirement to serve induction period: teachers in England

(1) Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools in England, subject to such exceptions as may be provided by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in— (a) a relevant school, (b) in such circumstances as may be prescribed, a nursery school that— (i) is not maintained by a local authority, and (ii) is not a special school, (c) in such circumstances as may be prescribed, an independent school or an alternative provision Academy that is not an independent school, or (d) in such circumstances as may be prescribed, an institution within the further education sector (or an institution within the further education sector of a prescribed description) or a 16 to 19 Academy. (2) Regulations under this section may, in particular, make provision— (a) as to the length of the induction period in any prescribed circumstances; (b) as to periods of employment which are to count towards the induction period; (c) as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period; (d) precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served; (e) as to supervision and training during a person's induction period; (f) authorising the Secretary of State to determine the standards against which a person is to be assessed for the purpose of deciding whether the person has satisfactorily completed an induction period; (g) requiring the appropriate body to decide whether a person— (i) has achieved those standards and has accordingly satisfactorily completed his or her induction period, or (ii) should have his or her induction period extended by such period as may be determined by the appropriate body, or (iii) has failed satisfactorily to complete his or her induction period; (h) requiring the head teacher of a school to make a recommendation to the appropriate body as to whether a person has achieved the standards mentioned in paragraph (f); (i) requiring the appropriate body to inform the Secretary of State of any decision under paragraph (g); (j) requiring the employer of a person employed as a teacher at a relevant school to secure— (i) the termination of that person's employment as a teacher, or (ii) that the person only undertakes such teaching duties as may be determined in accordance with the regulations, in such circumstances following a decision that the person has failed satisfactorily to complete his or her induction period as may be prescribed; (k) authorising or requiring the appropriate body to exercise such other functions as may be prescribed (which may include functions with respect to the provision of assistance to schools institutions within the further education sector or 16 to 19 Academies or of training for teachers); (l) authorising the appropriate body in such circumstances as may be prescribed to make such reasonable charges in connection with the exercise of its functions under the regulations as it may determine; (m) requiring any person or body exercising any prescribed function under the regulations to have regard to any guidance given from time to time by the Secretary of State as to the exercise of that function. (3) Regulations under subsection (1)(d) may, in particular— (a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period; (b) provide for approval to be general or specific; (c) make provision (including transitional provision) about the withdrawal of approval; (d) impose conditions or limitations on the appropriate body's power to give or withhold approval. (4) In this section— “the appropriate body” means such person or body (including a local authority) as may be prescribed by, or determined by the Secretary of State in accordance with, regulations under this section (and such regulations may provide for an appropriate body which is not a local authority to include a representative of such an authority); “relevant school” means a school maintained by a local authority or a special school not so maintained or Academies of a description specified by the Secretary of State in regulations under this section. (5) In the application of this section to an institution within the further education sector or a 16 to 19 Academy— (a) a reference to a school term is to be read as a reference to a term of the institution; (b) a reference to the head teacher of a school is to be read as a reference to the principal of the institution.

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135B Induction periods: appeals

(1) Regulations under section 135A must include provision conferring on a person aggrieved by a decision under subsection (2)(g) of that section a right to appeal against the decision to the Secretary of State. (2) A decision on an appeal made by virtue of subsection (1) is to be final. (3) Regulations under section 135A made in pursuance of subsection (1) may make provision for, or for the determination in accordance with the regulations of, such matters relating to appeals as the Secretary of State considers necessary or expedient.

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135C Induction periods: supplementary

(1) During the induction period which a person is required to serve by virtue of regulations under section 135A, the provisions of section 131 (appraisal of teachers' performance) and regulations under that section do not apply to the person. (2) Where, in accordance with a requirement imposed by virtue of subsection (2)(j)(ii) of section 135A, a teacher employed at a school maintained by a local authority— (a) continues to be employed at the school, but (b) is not undertaking his or her normal teaching duties there, any costs incurred by the local authority in respect of the teacher's emoluments are not to be met from the school's budget share for any funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share. Nothing in this subsection applies to a maintained school at any time when the school does not have a delegated budget. (3) In subsection (2)— (a) the references to a school's budget share and to a school not having a delegated budget have the same meaning as in Part 2 of the School Standards and Framework Act 1998; (b) “funding period”, in relation to a school's budget share, has the same meaning as in that Part. (4) Sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) have effect in relation to the duties imposed and powers conferred by virtue of section 135A as if the bodies to which those sections apply included— (a) the governing body of a special school that is not maintained by a local authority; (b) the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of an institution within the further education sector; (c) the appropriate body (within the meaning of section 135A).

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136 Provision of education

Regulations may— (a) prohibit the provision of education at a further education institution in Wales by a person who does not have a specified qualification; (b) prohibit the provision of education at a further education institution in Wales by a person unless he is serving or has served a probationary period; (c) specify conditions to be complied with by or in respect of persons providing education at a further education institution.

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137 Principals of further education institutions

(1) Regulations may provide that a person may serve as the principal of a further education institution in Wales only if he has a specified qualification. (2) Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which— (a) is of a kind specified in the regulations, and (b) is designed to lead to the award of a qualification specified under subsection (1). (2A) Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2). (3) A provision of regulations made under subsection (1) by the Welsh Ministers in relation to Wales shall not apply to a person who has been appointed as the principal of an institution in England or Wales ” before the commencement of the provision. (4) Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution— (a) pending the appointment of a principal, or (b) in the absence of the principal.

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138 Training in provision of further education

(1) This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1). (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The National Assembly for Wales may by regulations— (a) prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly; (b) enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales; (c) enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.

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139 Wales: provision of higher education

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140 Further education: general

(1) Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied. (2) Regulations under any of sections 136 to 139 may impose a function on— (a) a local authority, or (b) the governing body of a further or higher education institution. (3) In sections 136 to 139— “education” includes vocational, social, physical and recreational training, “further education institution” means an institution which— provides further education and is maintained by a local authority, or is within the further education sector, and “higher education institution” means an institution which— is within the higher education sector, and receives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils). (4) For the purposes of section 138(3), a university to which an approved plan relates is to be treated (in any case where it would not be so treated but for this subsection) as being a higher education institution. (5) “Approved plan”, in subsection (4), has the meaning given in section 7 of the Higher Education (Wales) Act 2015.

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141 Health and fitness

(1) Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity. (2) This section applies to an activity of a prescribed kind performed in the course of the provision of education at— (a) a school, or (b) a further education institution. (3) This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person— (a) otherwise than in a school or a further education institution, and (b) under a contract of employment or for services where the other party is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority. (4) This section also applies to an activity of a prescribed kind (other than the provision of education) where— (a) the activity is carried out by a person under a contract of employment or for services, (b) the other party to the contract is— (i) a local authority which entered into the contract for purposes connected with any of their education functions, (ii) the governing body of a school, or (iii) a further education institution, (c) the activity regularly brings the person into contact with children. (5) In this section— “child” means a person who has not attained the age of 18 years, “education” includes vocational, social, physical and recreational training, “further education institution” has the meaning given by section 140, and “school” means— a school maintained by a local authority, or a special school not so maintained.

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141A Teachers to whom sections 141B to 141E apply

(1) Sections 141B to 141E apply to a person who is employed or engaged to carry out teaching work at— (a) a school in England, (b) a sixth form college in England, (ba) a 16 to 19 Academy, (c) relevant youth accommodation in England, or (d) a children's home in England. (2) In subsection (1)— “children's home” has the same meaning as in the Care Standards Act 2000; “teaching work” means work of a kind specified in regulations under this section (and such regulations may make provision by reference to specified activities or by reference to the circumstances in which activities are carried out).

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141AA Meaning of “online education provider”

(1) An online education provider is an institution that meets the following conditions. (2) The first condition is that it is— (a) a company registered under the Companies Act 2006 which has its registered office for the purposes of that Act in England, or (b) a charity registered in accordance with section 30 of the Charities Act 2011 which has its address in England for the purposes of registration by the Charity Commission. (3) The second condition is that it provides education to at least one student who lives in England and who— (a) is of compulsory school age, (b) is over compulsory school age but is under the age of 19, or (c) is aged 19 or over and has an EHC plan that specifies that the student should be in full-time education. (4) The third condition is that at least one of the students mentioned in subsection (3) receives all or the majority of their education from the institution. (5) The fourth condition is that it is set up to deliver all or the majority of the education that it provides online. (6) The Secretary of State may by regulations amend this section so as to add a new condition or remove or change a condition for the time being specified.

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141B Investigation of disciplinary cases by Secretary of State

(1) The Secretary of State may investigate a case where an allegation is referred to the Secretary of State that a person to whom this section applies— (a) may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute, or (b) has been convicted (at any time) of a relevant offence. (2) Where the Secretary of State finds on an investigation of a case under subsection (1) that there is a case to answer, the Secretary of State must decide whether to make a prohibition order in respect of the person. (3) Schedule 11A (regulations about decisions under subsection (2)) has effect. (4) In this section— a “prohibition order” means an order prohibiting the person to whom it relates from carrying out teaching work; “teaching work” has the same meaning as in section 141A(1); “relevant offence”, in relation to a person, means— in the case of a conviction in England and Wales, a criminal offence other than one having no material relevance to the person's fitness to be a teacher, and in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would be within paragraph (a).

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141C List of persons prohibited from teaching etc

(1) The Secretary of State must keep a list containing— (a) the names of persons in relation to whom a prohibition order has effect, and (b) the names of persons who have begun, but have failed satisfactorily to complete, an induction period under section 135A in such circumstances as may be prescribed. (2) The Secretary of State may include on the list the name of any person who has been prohibited from teaching in Wales, Scotland or Northern Ireland that the Secretary of State thinks appropriate to include on the list. (3) The Secretary of State must secure that, where the name of a person is included on the list because an interim prohibition order has effect in respect of the person, there is an indication on the list to that effect. (4) The Secretary of State must secure that, where the name of a person is included on the list because the person has failed satisfactorily to complete an induction period under section 135A, there is an indication on the list to that effect. (5) The list may contain such other information in relation to the persons whose names are included on it as the Secretary of State considers appropriate. (6) The list must be available for inspection by members of the public. (7) In this section— “prohibition order” has the same meaning as in section 141B; “interim prohibition order” means an order made by virtue of paragraph 3 of Schedule 11A.

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141D Supply of information following dismissal, resignation etc

(1) This section applies where a relevant employer has ceased to use the services of a teacher because the teacher has been guilty of serious misconduct. (2) This section also applies where a relevant employer might have ceased to use the services of a teacher as mentioned in subsection (1) had the teacher not ceased to provide those services. (3) The employer must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State. (4) In this section— “relevant employer” means— a local authority; a person exercising a function relating to the provision of education on behalf of a local authority; the proprietor of a school or 16 to 19 Academy; a sixth form college corporation; a person who employs a person to teach in a children's home or in relevant youth accommodation; “education” includes vocational, social, physical and recreational training; “children's home” has the same meaning as in the Care Standards Act 2000; “services” includes professional and voluntary services; “teacher” means a person within section 141A(1).

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141E Supply of information by contractor, agency etc

(1) This section applies where arrangements have been made by a person (the “agent”) for a teacher to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract) and the agent has terminated the arrangements because the teacher has been guilty of serious misconduct. (2) This section also applies where the agent— (a) might have terminated the arrangements as mentioned in subsection (1) had the teacher not terminated them, or (b) might have refrained from making new arrangements because of the teacher's serious misconduct had the teacher not ceased to be available for work. (3) The agent must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State. (4) In this section “relevant employer” and “teacher” have the same meanings as in section 141D.

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141F Restrictions on reporting alleged offences by teachers

(1) This section applies where a person who is employed or engaged as a teacher at a school is the subject of an allegation falling within subsection (2). (2) An allegation falls within this subsection if— (a) it is an allegation that the person is or may be guilty of a relevant criminal offence, and (b) it is made by or on behalf of a registered pupil at the school. (3) No matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation. (4) Any person may make an application to a magistrates' court for an order dispensing with the restrictions imposed by subsection (3). (5) The court may make an order dispensing with the restrictions, to the extent specified in the order, if it is satisfied that it is in the interests of justice to do so, having regard to the welfare of— (a) the person who is the subject of the allegation, and (b) the victim of the offence to which the allegation relates. (6) The power under subsection (5) may be exercised by a single justice. (7) In the case of a decision to make or refuse to make an order under subsection (5), a person mentioned in subsection (8) may, in accordance with Criminal Procedure Rules— (a) appeal to the Crown Court against the decision, or (b) appear or be represented at the hearing of such an appeal. (8) The persons referred to in subsection (7) are— (a) a person who was a party to the proceedings on the application for the order; (b) any other person with the leave of the Crown Court. (9) On an appeal under subsection (7), the Crown Court may— (a) make such order as is necessary to give effect to its determination of the appeal, and (b) make such incidental or consequential orders as appear to it to be just. (10) The restrictions in subsection (3) cease to apply once proceedings for the offence have been instituted. (11) The restrictions in subsection (3) also cease to apply if— (a) the Secretary of State publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B (investigation of disciplinary cases by Secretary of State) relating to the same allegation, or (b) the General Teaching Council for Wales publishes information about the person who is the subject of the allegation in connection with an investigation, hearing or determination under Schedule 2 to the Teaching and Higher Education Act 1998 (investigation of disciplinary cases by the General Teaching Council for Wales) relating to the same allegation. (12) The restrictions in subsection (3) also cease to apply if— (a) the person who is the subject of the allegation includes a matter in a publication, or (b) another person includes a matter in a publication with the written consent of the person who is the subject of the allegation; and, in either case, the inclusion of the matter in the publication would otherwise be in breach of subsection (3). (13) Written consent is to be ignored for the purposes of subsection (12)(b) if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it. (14) In this section— “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose, every relevant programme shall be taken to be so addressed), but does not include— an indictment or other document prepared for use in particular legal proceedings, or a document published by the regulator of a profession of which the person who is the subject of the allegation is a member in connection with disciplinary proceedings in relation to the person; “relevant criminal offence”, in relation to a person employed or engaged as a teacher at a school, means an offence against the law of England and Wales where the victim of the offence is a registered pupil at the school; “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990. (15) For the purposes of this section, proceedings for an offence are instituted at the earliest of the following times— (a) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence; (b) when a relevant prosecutor issues a written charge and requisition or single justice procedure notice in respect of the offence; (c) when a person is charged with the offence after being taken into custody without a warrant; (d) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933. (16) In subsection (15) “relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

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141G Offence of breach of reporting restrictions

(1) This section applies if a publication includes any matter in breach of section 141F (3). (2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence. (3) Where the publication is a programme included in a programme service (within the meaning of the Broadcasting Act 1990), the following are guilty of an offence— (a) any body corporate engaged in providing the programme service in which the programme is included, and (b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper. (4) In the case of any other publication, any person publishing it is guilty of an offence. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (6) If an offence committed by a body corporate is proved— (a) to have been committed with the consent or connivance of, or (b) to be attributable to any neglect on the part of, an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (7) In subsection (6), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. (8) If the affairs of a body corporate are managed by its members, “director” in subsection (7) means a member of that body. (9) Schedule 11B contains supplementary provision relating to an offence under this section.

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141H Defences

(1) Where a person is charged with an offence under section 141G, it is a defence for the person to prove either of the matters mentioned in subsection (2). (2) The matters are— (a) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question; (b) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.

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142 Prohibition from teaching, etc.

(1) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may direct that a person— (a) may not carry out work to which this section applies; (b) may carry out work to which this section applies only in circumstances specified in the direction; (c) may carry out work to which this section applies only if conditions specified in the direction are satisfied. (2) This section applies to— (a) providing education at a school, (b) providing education at a further education institution, (c) providing education under a contract of employment or for services where the other party to the contract is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority, and (d) taking part in the management of an independent school. (3) This section also applies to work of a kind which— (a) brings a person regularly into contact with children, and (b) is carried out at the request of or with the consent of a relevant employer (whether or not under a contract). (4) A direction under this section may be given in respect of a person only— (a) on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (list of individuals considered unsuitable to work with children), (b) on the grounds that the person is unsuitable to work with children, (c) on grounds relating to the person’s misconduct, (d) on grounds relating to the person’s health, or (e) in the case of a direction given by virtue of subsection (2)(d), on grounds relating to the person’s professional incompetence (or on a ground mentioned in any of paragraphs (a) to (d)). (5) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions). (6) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may vary or revoke a direction under this section except in a case where— (a) the direction was given on the grounds that a person is unsuitable to work with children, and (b) the person claims that he is no longer unsuitable to work with children. (7) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (6). (8) Where a person is subject to a direction under this section, a relevant employer shall not use the person to carry out work in contravention of the direction. (9) In this section— “child” means a person who has not attained the age of 18 years, “education” includes vocational, social, physical and recreational training, “further education institution” has the meaning given by section 140, “relevant employer” means— local authority exercising an education function, a person exercising a function relating to the provision of education on behalf of a local authority, the proprietor of a school, or the governing body of a further education institution, and “school” includes an independent school.

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143 Directions under section 142: contractor, agency, etc.

(1) A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction. (2) If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty. (3) If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty. (4) A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order. (5) A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.

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144 Directions under section 142: appeal

(1) A person in respect of whom a direction has been given under section 142 may appeal to the First-tier Tribunal— (a) against the decision to give the direction; (b) against a decision not to vary or revoke the direction. (2) In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction. (3) This subsection applies to a case where— (a) the direction was given on the grounds that the applicant is unsuitable to work with children, (b) the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and (c) the Tribunal is satisfied that the applicant is no longer unsuitable to work with children. (4) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations— (a) provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence; (b) prescribe circumstances in which the Tribunal shall allow an appeal under this section; (c) prescribe the powers available to the Tribunal on allowing an appeal under this section; (d) prescribe circumstances in which the Tribunal shall grant an application for leave under this section; (e) prescribe circumstances in which the Tribunal shall grant an application for a review under this section; (f) prescribe the powers available to the Tribunal on revoking a direction.

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145 Specification of qualification or course

(1) A power under sections 132 to 140 to make provision by reference to a specified qualification, a specified course of education or training or a specified programme includes power to make provision— (a) by reference to a class or description of qualification, course or programme; (b) by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme; (c) which confers discretion on the Secretary of State, ... ... the National Assembly for Wales, the Commission for Tertiary Education and Research, the General Teaching Council for Wales or another specified person. (2) A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution. (3) Regulations made by virtue of subsection (1) may impose a duty on ... the Commission for Tertiary Education and Research.

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146 Repeal of sections 218 and 218A of Education Reform Act 1988

Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.

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147 Application of pay-scale

(1) This section— (a) applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers’ Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and (b) shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions). (2) Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded. (3) Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point. (4) In paragraph 18.1.1 (good honours degree)— (a) paragraph (a) shall be ignored, (b) paragraph (b) shall be treated as applying irrespective of the date of a person’s appointment to his first post following qualification as a teacher, and (c) in paragraph (c) the words “before 1st September has been employed as a qualified teacher and who” shall be ignored.

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148 The General Teaching Councils for England and Wales

Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.

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149 Duties of local authority in respect of childcare

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Section 19(1) and (2) of the Children Act 1989 (c. 41) (duty of local authorities in England and Wales to conduct periodic reviews of child care) shall cease to have effect.

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150 Early years development and childcare partnerships and plans

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Early years development partnerships are renamed “early years development and childcare partnerships” ...; accordingly in Part 5 of that Act after “early years development” (in each place it occurs) there is inserted “ and childcare ”.

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151 Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales

(1) The Secretary of State may by order confer on Her Majesty's Chief Inspector of Education, Children's Services and Skills such additional functions specified in the order as the Secretary of State considers necessary or expedient to enable Her Majesty’s Chief Inspector to approve persons in accordance with criteria determined by or under a scheme made under the Tax Credits Act 2002 (c. 21) for the approval of persons who are to be regarded as providing child care for the purposes of working tax credit. (2) The National Assembly for Wales shall have any additional function specified in an order made by it which it considers necessary or expedient to enable it to approve persons as mentioned in subsection (1); but the order may only specify a function corresponding to a function which, by virtue of that subsection, is exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills .

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152 Regulation of child minding and day care

Schedule 13 (which makes provision about the regulation of child minding and day care) shall have effect.

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153 Powers of local authority in respect of funded nursery education

(1) This section applies where a local authority in Wales, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of local authority as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements. (2) The local authority— (a) must, in making the arrangements, have regard to any guidance given from time to time by ... the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and (ab) must make provision in the arrangements requiring the provider of the nursery education to have regard to any relevant guidance included in the code on additional learning needs issued under section 4 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and (b) must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements. (3) Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements. (4) In this section— “maintained school” means a community, foundation or voluntary school, a community ... special school or a maintained nursery school; “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

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154 Establishment or alteration of maintained nursery schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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155 Inspection of nursery education

Schedule 14 (which makes provision about the inspection of nursery education) shall have effect.

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156 Meaning of “nursery school” and “primary education”

(1) In section 6(1) of the Education Act 1996 (c. 56) (meaning of “nursery school”), after “used” there is inserted “ wholly or ”. (2) For section 2(1) of that Act there is substituted— (1) In this Act “primary education” means— (a) full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age; (b) full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and (c) full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).

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156AA Application of Chapter to alternative provision Academies that are not independent schools

(1) This Chapter applies to alternative provision Academies that are not independent schools as it applies to independent schools in England. (2) Accordingly, references in this Chapter to independent schools (apart from those that are independent schools in Wales) are to be read as including references to alternative provision Academies that are not independent schools.

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