Décision No 1228 du Conseil permanent
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There shall be a body corporate which, subject to subsection (10), shall be known as the General Teaching Council for England (in this Act referred to as “the Council”).
The principal aims of the Council in exercising their functions are— in the interests of the public.
to contribute to improving the standards of teaching and the quality of learning, and
to maintain and improve standards of professional conduct amongst teachers,
The functions conferred on the Council by or under this Chapter—
are exercisable by them in relation to both England and Wales at any time before the date specified in an order under section 8(1) (establishment of General Teaching Council for Wales); and
are exercisable by them in relation to England only at any time on or after that date.
In exercising their functions, the Council shall have regard to the requirements of persons who are disabled persons for the purposes of the Disability Discrimination Act 1995.
The Council shall be constituted in accordance with regulations made by the Secretary of State; and regulations under this subsection may authorise the Council to make rules with respect to such matters relating to their constitution as may be specified in the regulations.
In exercising his power to make regulations under subsection (5), the Secretary of State shall have regard to the desirability of the Council’s membership reflecting the interests of— and such other interests as in the opinion of the Secretary of State will enable the Council to carry out their functions more effectively.
teachers,
employers of teachers,
providers of teacher training,
persons concerned with the teaching of persons with special educational needs,
religious bodies involved in the provision of education,
parents of pupils,
commerce and industry, and
the general public,
Regulations under subsection (5) must be framed so as to secure that a majority of the members of the Council are registered teachers who—
either are for the time being employed or otherwise engaged to provide their services as teachers or have had such recent employment or engagement as teachers as may be prescribed; and
satisfy such other criteria as to eligibility for appointment or election to the Council as may be prescribed.
In relation to appointments made or elections held before a register is established under section 3, the reference in subsection (7) to registered teachers is a reference to qualified teachers within the meaning of section 218(2) of the Education Reform Act 1988.
Schedule 1 to this Act has effect in relation to the Council.
At any time before the date mentioned in subsection (3)(a), the Council shall be known as the General Teaching Council for England and Wales; and—
in relation to any time before that date, references to the Council in any enactment shall accordingly be construed as references to the General Teaching Council for England and Wales, and
any reference to the Council by that name in an instrument or document made before that date shall be construed on or after that date as a reference to the General Teaching Council for England.
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The Council shall from time to time advise— on such matters falling within subsection (2) as they think fit.
the Secretary of State, and
such other persons or bodies as he may from time to time designate,
Those matters are—
standards of teaching;
standards of conduct for teachers;
the role of the teaching profession;
the training, career development and performance management of teachers;
recruitment to the teaching profession; and
medical fitness to teach.
The Council shall also advise the Secretary of State— as he may from time to time require.
on such matters falling within subsection (2), or
on such other matters relating to teaching,
The Council may be required under subsection (3)(b) to advise the Secretary of State on any matter relevant to a decision by him as to whether any power exercisable by him by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers) should or should not be exercised in any particular case.
The Council may give advice on such matters falling within subsection (2) as they think fit to such persons or bodies as they may from time to time determine.
Any advice given by the Council on matters falling within subsection (2) shall be advice of a general nature.
The Council may publish advice given by them under subsection (1), (3) or (5).
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The Council shall establish and maintain a register of teachers (“the register”).
The register shall contain the name of every person who is eligible for registration and applies to be registered in the register in accordance with regulations made under section 4.
A person is eligible for registration if he is a qualified teacher within the meaning of section 218(2) of the Education Reform Act 1988 and he is not for the time being—
prohibited from being employed, or otherwise engaged to provide his services, as a teacher as the result of a direction given by the Secretary of State by virtue of section 218(6) of that Act (prohibition or restriction on employment of teachers), or
subject to a disciplinary order made under Schedule 2 to this Act by virtue of which he is not eligible for registration, or
disqualified from being employed as a teacher in any school by virtue of an order made—
by an Independent Schools Tribunal under section 470 of the Education Act 1996, or
by the Secretary of State under section 471 of that Act, or
(subject to such exceptions as may be prescribed by, or determined by the Secretary of State under, regulations) ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any prescribed provision of the law of Scotland or of Northern Ireland.
Except in such circumstances as may be prescribed, a person is not eligible for registration if, having served an induction period in accordance with regulations under section 19, he has failed to complete it satisfactorily for the purposes of those regulations.
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Regulations may make provision as to the form and manner in which the register is to be kept and other matters relating to registration.
Regulations under this section may, in particular, make provision as to—
the form and manner in which applications for registration are to be made;
the documentary and other evidence which is to accompany applications for registration;
the registration, on the establishment of the register, of persons who have not made such applications;
the matters which are to be recorded in the register against the names of those registered in it;
the division of the register into separate parts;
the restoration and alteration of entries and their transfer between different parts of the register (where separate parts are required by virtue of paragraph (e));
the charging by the Council of fees authorised by virtue of subsection (4);
the removal of entries from the register in circumstances where the persons concerned— or otherwise;
have ceased to be eligible for registration, or
have failed to pay any such fee,
the issue and form of certificates of registration;
the information contained in the register which may be made available for inspection by members of the public, and the circumstances in which and the conditions subject to which that information may be made available.
Regulations made in pursuance of subsection (2)(d) may require the recording of any restrictions for the time being in force in relation to a person as the result of—
a direction given by the Secretary of State by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers), or
a disciplinary order made under Schedule 2 to this Act.
For the purposes of subsection (2)(g) regulations under this section may authorise the Council (subject to such exceptions as may be provided for by or under the regulations) to charge fees fixed by them with the approval of the Secretary of State in respect of— and the regulations may accordingly authorise the Council to refuse an application falling within paragraph (a) above until the appropriate fee has been paid.
applications for registration or for the restoration of entries in the register;
registration in accordance with subsection (2)(c); or
the retention of entries in the register;
Regulations under this section may authorise the Council to make provision in relation to any matter as to which provision may be made by regulations under this section.
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Regulations may make provision for, and in connection with, authorising the Council to issue, and from time to time revise, a code laying down standards of professional conduct and practice expected of registered teachers.
Regulations under this section may, in particular, make provision—
as to the consequences of any failure by a registered teacher to comply with the provisions of the code;
for the provision by the Council of copies of the code, either on payment of a reasonable charge decided by the Council or, in such circumstances as may be determined in accordance with the regulations, free of charge.
Regulations made in pursuance of subsection (2)(a) may provide for any failure by a registered teacher to comply with the provisions of the code to be taken into account in any proceedings against him under Schedule 2.
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The Secretary of State may by order confer or impose on the Council such additional functions as he considers they may appropriately discharge in conjunction with any of their other functions under this Chapter.
Before making an order under subsection (1), the Secretary of State shall carry out such consultation as appears to him to be appropriate.
Without prejudice to the generality of subsection (1), the Secretary of State may under that subsection require the Council to give him such assistance as he may specify in relation to the exercise of his power under section 218(2) of the Education Reform Act 1988 to determine, in accordance with regulations made under that provision, whether a person is a qualified teacher.
Without prejudice to the generality of subsection (1), the Secretary of State may under that subsection require the Council to maintain records relating to such categories of persons (including persons not eligible to be registered under section 3) as may be prescribed; and the records shall contain such information relating to those persons and be kept in such manner as may be prescribed.
The Council shall carry out such functions ancillary to their functions under this Chapter as the Secretary of State may direct.
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The Secretary of State may by order make provision for the establishment of a body corporate to be known as Cyngor Addysgu Cyffredinol Cymru or the General Teaching Council for Wales to exercise in relation to Wales, as from such date as may be specified in the order, the functions conferred on them by or under this Chapter.
An order under subsection (1) may provide for any provision of section 1 or Schedule 1 to have effect in relation to the General Teaching Council for Wales as it has effect in relation to the Council, subject to such modifications (if any) as are specified in the order.
Where such an order is made after the Council have begun to exercise any function in relation to Wales (in accordance with section 1(3)), the order may include provision—
for the transfer of staff; and
for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with that function by the Council.
So far as any such function relates to registration under section 3, the order shall make provision for persons previously registered or applying for registration under that section in its application in relation to Wales in accordance with section 1(3) to be treated as registered or applying for registration under that section as it applies in relation to Wales in accordance with section 9(1).
Subject to subsection (6), stamp duty shall not be chargeable in respect of any transfer to the General Teaching Council for Wales effected by virtue of subsection (3).
No instrument (other than a statutory instrument) made or executed in pursuance of subsection (3) shall be treated as duly stamped unless—
it is stamped with the duty to which it would, but for this section, be liable, or
it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
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As from the date specified under section 8(1), the following provisions, namely— sections 2 to 5, section 6 together with Schedule 2, and section 7, shall apply to the General Teaching Council for Wales in relation to Wales as they apply to the Council in relation to England.
The Secretary of State may require the General Teaching Council for Wales to undertake (or join with any other person or body in undertaking) activities designed to promote—
recruitment to the teaching profession, or
the continuing professional development of teachers.
Without prejudice to the generality of subsection (2), such activities may include—
giving advice;
organising conferences and lectures; and
arranging for the publication of material in any form.
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This section has effect in relation to regulations made under subsection (2) or (3) of section 218 of the Education Reform Act 1988 (regulations relating to schools, etc.) as they apply to teachers at schools.
The Secretary of State may make provision in such regulations for a determination under those regulations to be made (after their establishment) by the General Teaching Council for Wales.
The Secretary of State may make provision in such regulations—
for any determination made under those regulations as they apply in relation to England to be treated, in relation to Wales, as if it were a determination made under those regulations as they apply in relation to Wales, and
for any determination made under those regulations as they apply in relation to Wales to be treated, in relation to England, as if it were a determination made under those regulations as they apply in relation to England.
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Regulations may, in relation to teachers to whom this section applies, make provision requiring employers of such teachers (subject to such exceptions as may be provided for by or under the regulations)—
to deduct (or arrange for the deduction) from the salary of such teachers any fee payable by virtue of section 4(4) in respect of the registration or retention of an entry on the register relating to any such teacher, and
to remit that fee to the relevant Council.
This section applies to teachers at schools who, on such date or during such period as may be specified in the regulations, are—
registered in the register, or
required as a consequence of their employment to be so registered by virtue of section 218(1)(aa) of the Education Reform Act 1988.
The regulations may make provision with respect to—
the arrangements to be adopted by employers of teachers to whom this section applies for the deduction and remittance of fees,
the administration charges which may be deducted from any fees remitted to the relevant Council, and
the notification to the relevant Council by employers of such teachers of such particulars relating to those teachers as the regulations may specify.
In this section—
“modifications” includes additions, alterations and omissions, and “modify” shall be construed accordingly;
any institution within the higher education sector for the purposes of the Further and Higher Education (Scotland) Act 1992, any college of further education within the meaning of section 36(1) of that Act or any central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980;
“schools” means such schools as are referred to in section 218(12) of the Education Reform Act 1988.
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The Secretary of State shall supply the Council or the General Teaching Council for Wales with such information relating to individual teachers as he considers it to be necessary or desirable for them to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.
Each of those Councils shall supply the Secretary of State with such information as he may request for the purpose of—
statistical analysis, or
any other function of his relating to teachers.
The Secretary of State may by regulations require either Council to supply information— as may be prescribed.
to such other person or body, and
for such purposes and subject to such conditions,
Without prejudice to the generality of subsection (3), once the General Teaching Council for Wales have been established, that Council and the General Teaching Council for England shall each supply the other with such information as it is necessary or desirable for that other Council to have for the purpose of carrying out any of the functions conferred on them by or under this Chapter.
This section does not limit the circumstances in which information may be supplied apart from this section.
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the Secretary of State,
the General Teaching Council for England, and
the General Teaching Council for Wales,
This section applies to arrangements made by one person (the “agent”) for a registered teacher (the “teacher”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
Subsection (4) applies where an agent—
has terminated the arrangements on a ground mentioned in section 15(1A),
might have terminated the arrangements on a ground mentioned in that subsection if the worker had not terminated them, or
might have refrained from making new arrangements for a teacher on a ground mentioned in that subsection if he had not ceased to make himself available for work.
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... The agent shall provide prescribed information to the Council.
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If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
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A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
Subsection (5) of section 15 shall apply for the purposes of this section as it applies for the purposes of that section.
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Section 218 of the Education Reform Act 1988 (power of Secretary of State to make regulations in respect of schools and further and higher education institutions) shall be amended as follows.
In subsection (1), after paragraph (aa) (as inserted by section 11) there shall be inserted—.
After subsection (2B) there shall be inserted—
In subsection (9)(b), after “training” there shall be inserted “or courses leading to a professional headship qualification for the purposes of subsection (1)(ab) above”.
After subsection (13) there shall be added—
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Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools, subject to such exceptions as may be provided for by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in—
a relevant school, or
in such circumstances as may be prescribed, an independent school.
Regulations under this section may, in particular, make provision—
as to the length of the induction period in any prescribed circumstances;
as to periods of employment which are to count towards the induction period;
precluding a person from serving more than one induction period except in any prescribed circumstances;
precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served;
as to the supervision and training of a person during his induction period;
authorising the Secretary of State to determine the standards against which a person employed as a teacher at a school is to be assessed for the purpose of deciding whether he has satisfactorily completed an induction period;
requiring the appropriate body to decide whether a person—
has achieved those standards and has accordingly satisfactorily completed his induction period, or
should have his induction period extended by such period as may be determined by the appropriate body, or
has failed satisfactorily to complete his induction period;
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);
requiring the appropriate body to inform the Secretary of State and either the Council or the General Teaching Council for Wales of any decision under paragraph (g);
requiring the employer of a person employed as a teacher at a relevant school to secure— in such circumstances following a decision that he has failed satisfactorily to complete his induction period as may be prescribed;
the termination of that person’s employment as a teacher, or
that he only undertakes such teaching duties as may be determined in accordance with the regulations,
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 or of training for teachers);
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;
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.
Once the Council or the General Teaching Council for Wales have been established, the Secretary of State shall consult one or both of those Councils (as appropriate) before making any determination as to standards by virtue of regulations made under subsection (2)(f).
Regulations under this section shall include provision conferring on a person aggrieved by a decision under subsection (2)(g) a right to appeal against the decision to one of the following, namely— and any decision made on such an appeal shall be final.
the Secretary of State, or
the Council or the General Teaching Council for Wales;
Regulations made in pursuance of subsection (4) may make provision for, or for the determination in accordance with the regulations of, such matters relating to such appeals as the Secretary of State considers necessary or expedient.
In subsection (2) “the appropriate body” means such person or body (including a local education 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 education authority to include a representative of such an authority.
During the induction period which a person is required to serve by virtue of regulations made under this section, the provisions of section 49 of the Education (No. 2) Act 1986 (appraisal of teachers' performance) and regulations made under that section shall not apply to him.
Regulations may provide for references to “eligible expenditure” in section 484 of the Education Act 1996 (education standards grants) to include such expenditure incurred by local education authorities in consequence of any regulations made by virtue of subsection (1) or (2) as may be prescribed.
Where, in accordance with a requirement imposed by virtue of subsection (2)(j)(ii), a teacher employed at a school maintained by a local education authority— any costs incurred by the local education authority in respect of the teacher’s emoluments shall not be met from the school’s budget share for any financial year 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.
continues to be employed at the school, but
is not undertaking his normal teaching duties there,
In this section—
any reference to a school’s budget share or to its not having a delegated budget has the same meaning as in Part II of the School Standards and Framework Act 1998,
“relevant schools” means such schools as are referred to in section 218(12) of the Education Reform Act 1988, and
“independent school” has the same meaning as in the Education Act 1996.
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In section 66 of the Education (Scotland) Act 1980 (inspection of educational establishments), after subsection (1A) there shall be inserted—
Regulations shall make provision authorising or requiring the Secretary of State to make grants or loans, for any prescribed purposes, to eligible students in connection with their undertaking— which are designated for the purposes of this section by or under the regulations.
higher education courses, or
further education courses,
Regulations under this section may, in particular, make provision—
for determining whether a person is an eligible student in relation to any grant or loan available under this section;
for the designation of a higher education course for the purposes of this section to be determined by reference to matters determined or published by the Office for Students or other persons (whether before or after the regulations are made);
prescribing, in relation to any such grant or loan and an academic year, the maximum amount available to any person for any prescribed purpose for that year;
where the amount of any such grant or loan may vary to any extent according to a person’s circumstances, for determining, or enabling the determination of, the amount required or authorised to be paid to him;
prescribing categories of attendance on higher education courses or further education courses which are to qualify for any purposes of the regulations;
for any grant under this section to be made available on such terms and conditions as may be prescribed by, or determined by the Secretary of State under, the regulations, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined;
requiring the making of payments in respect of any such grant to be suspended or terminated in any such circumstances;
prescribing requirements or other provisions, whether as to repayment or otherwise, which are for the time being to apply in relation to loans under this section (including requirements or other provisions taking effect during the currency of such loans so as to add to, or otherwise modify, those for the time being applying in relation to the loans);
in the case of a grant under this section in connection with a higher education course, where a payment has been so suspended, for the cancellation of any entitlement to the payment in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations;
authorising grants in respect of fees payable in connection with attendance on courses to be paid directly to institutions charging the fees;
requiring prescribed amounts payable to eligible students under loans under this section to be paid directly to institutions to whom those persons are liable to make payments;
modifying any enactment or instrument (whenever passed or made) so as to provide for the treatment, in connection with any calculation with respect to the income (however defined) of persons to whom grants or loans are made under this section, of amounts due from or payable to such persons under such grants or loans;
for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals).
The provision which may be made by virtue of subsection (2)(b) in respect of higher education courses includes provision prescribing the maximum amount by reference to matters determined or published by the Secretary of State or other persons (whether before or after the regulations are made).
The provision which may be made by virtue of subsection (2)(g) in relation to loans under this section includes provision—
for such loans to bear compound interest at such rates, and calculated in such manner, as may be prescribed from time to time;
for such loans to be repaid in such manner, at such times, and to such person or body as may be prescribed from time to time;
for the payment, in respect of amounts overpaid by borrowers, of interest at such rate, and calculated in such manner, as may be determined by the Secretary of State from time to time;
for a borrower not to be liable to make any repayment in respect of such a loan— including provision for the cancellation of any further such liability of the borrower in any such circumstances;
during such period as may be prescribed from time to time, or
in such circumstances as may be so prescribed,
in the case of a loan under this section in connection with a higher education course, for the cancellation of the entitlement of a borrower to receive a sum under such a loan in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations where the payment of the sum has been suspended;
with respect to sums which a borrower receives, or is entitled to receive, under such a loan after the commencement of his bankruptcy or the date of the sequestration of his estate.
with respect to the effect of bankruptcy upon a borrower’s liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after the commencement of the bankruptcy);
with respect to sums which a borrower receives, or is entitled to receive, under such a loan before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the borrower;
excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the borrower).
In relation to loans under this section—
the rates prescribed by regulations made in pursuance of subsection (3)(a) must be—
lower than those prevailing on the market, or
no higher than those prevailing on the market, where the other terms on which such loans are provided are more favourable to borrowers than those prevailing on the market; and
such regulations may make provision, for the purpose of calculating the interest to be borne by such loans, for repayments by borrowers to be treated as having been made or received on such date or dates as may be prescribed by the regulations.
Regulations under this section may also make such provision as the Secretary of State considers necessary or expedient in connection with the recovery of amounts due from borrowers under loans under this section, including provision for—
imposing on employers, or (as the case may be) such other persons or bodies as may be prescribed, requirements with respect to—
the making of deductions in respect of amounts so due (or, in any prescribed circumstances, amounts assessed in accordance with the regulations to be so due) from emoluments payable to borrowers,
the collection by other means of such amounts,
the transmission of amounts so deducted or collected to the Secretary of State in accordance with directions given by him;
imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to the keeping and production of records for such purposes as may be prescribed;
imposing on borrowers requirements with respect to— relating to their income as may be prescribed;
the provision of such information, and
the keeping and production of such documents and records,
requiring the payment, by persons or bodies to whom requirements imposed in pursuance of any of paragraphs (a) to (c) apply, of—
penalties in cases of non-compliance with, or otherwise framed by reference to, such requirements, and
interest in respect of periods when such penalties are due but unpaid;
requiring the payment by borrowers, in respect of periods when amounts due under their loans are unpaid, of—
interest (applied to such amounts at a rate calculated otherwise than in accordance with subsection (4)(a)), or
both such interest and one or more surcharges (together with further interest in respect of periods when such surcharges are due but unpaid);
enabling the Secretary of State to require the reimbursement by borrowers of costs or expenses of any prescribed description incurred by him in connection with the recovery of unpaid amounts;
applying or extending with or without modification, for purposes connected with the recovery of amounts under regulations made by virtue of this subsection, any of the provisions of the Taxes Acts or of PAYE regulations;
determining the priority as between deductions falling to be made by virtue of paragraph (a)(i) and deductions falling to be made, from emoluments payable to borrowers, by virtue of other enactments (whenever passed).
In subsection (5)—
“employers” means persons who make payments of, or on account of, PAYE income, and
“the Taxes Acts” has the same meaning as in the Taxes Management Act 1970.
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the Secretary of State is satisfied that the increase is no greater than is required to maintain the value of such grants in real terms, or
a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
For the purposes of subsection (4)(a) ... the Secretary of State shall have regard to such index of prices as may be specified in, or determined in accordance with, regulations under this section.
In subsection (4)(a) “the specified rate for low interest loans” means the rate for the time being specified by article 60G(3)(d) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
Interest required to be paid, by virtue of subsection (5)(d), by regulations under this section shall be paid without any deduction of income tax and shall not be taken into account in computing any income, profits or losses for any tax purposes.
If the Secretary of State so determines, any function exercisable by him by virtue of regulations under section 22 shall, to such extent as is specified in his determination, be exercisable instead by such body as is so specified which is either—
a local authority ..., or
the governing body of an institution with which eligible students (within the meaning of such regulations) are undertaking courses.
A body by whom any function is for the time being exercisable by virtue of subsection (1) shall comply with any directions given by the Secretary of State as to the exercise of that function.
Where any function is so exercisable by a local authority, the functions shall be taken to be a function of that authority for the purposes of—
in the case of an authority which is not operating executive arrangements, section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities),
section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities), and
in the case of an authority which is operating executive arrangements, section 13 of the Local Government Act 2000 and accordingly—
if, or to the extent that, that function is the responsibility of the executive of that authority sections 14 to 16 and any regulations made under sections 17 to 20 of that Act shall apply; or
if, or to the extent that, that function is not the responsibility of that executive section 101 of the Local Government Act 1972 shall apply
The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 22 (including any such function in relation to appeals).
Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.
The Secretary of State may make provision for enabling appeals—
to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (4) as he may determine, and
to be so made to a person or body appointed by him for the purpose.
The Secretary of State may pay to any body or person by whom any function is exercisable by virtue of subsection (1) or (4)—
such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person— in, or in connection with, the exercise of that function;
in making grants or loans under section 22, or
by way of administrative expenses,
in a case where the function is exercisable by virtue of subsection (4), such remuneration as he may determine.
Any payment under subsection (7)(a) may be made subject to such terms and conditions as the Secretary of State may determine; and any such conditions may in particular—
require the provision of returns or other information before any such payment is made;
relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.
The Secretary of State may pay to any person or body appointed by him under subsection (6) such remuneration or administrative expenses (or both) as he may determine.
In relation to any function which, by virtue of subsection (1) or (4), is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.
In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
If the Secretary of State so determines, any function exercisable by him by virtue of regulations under section 22 shall, to such extent as is specified in his determination, be exercisable instead by such body as is so specified which is either—
a local authority ..., or
the governing body of an institution with which eligible students (within the meaning of such regulations) are undertaking courses.
A body by whom any function is for the time being exercisable by virtue of subsection (1) shall comply with any directions given by the Secretary of State as to the exercise of that function.
Where any function is so exercisable by a local authority, the function shall be taken to be a function of that authority for the purposes of—
section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), and
section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities).
The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 22 (including any such function in relation to appeals).
Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.
The Secretary of State may make provision for enabling appeals—
to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (4) as he may determine, and
to be so made to a person or body appointed by him for the purpose.
The Secretary of State may pay to any body or person by whom any function is exercisable by virtue of subsection (1) or (4)—
such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person— in, or in connection with, the exercise of that function;
in making grants or loans under section 22, or
by way of administrative expenses,
in a case where the function is exercisable by virtue of subsection (4), such remuneration as he may determine.
Any payment under subsection (7)(a) may be made subject to such terms and conditions as the Secretary of State may determine; and any such conditions may in particular—
require the provision of returns or other information before any such payment is made;
relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.
The Secretary of State may pay to any person or body appointed by him under subsection (6) such remuneration or administrative expenses (or both) as he may determine.
In relation to any function which, by virtue of subsection (1) or (4), is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.
This section applies to any information which is held—
by the Commissioners of Inland Revenue, or
by a person providing services to those Commissioners and in connection with the provision of those services.
Information to which this section applies may be supplied to— for the purpose of enabling or assisting the recipient to exercise any function in connection with the operation of the student loans scheme.
the Secretary of State , the Welsh Ministers or the Department of Education for Northern Ireland,
any person or body acting on behalf of the Secretary of State , the Welsh Ministers or that Department under the delegation of functions provisions, or
any authority or governing body by whom any function of the Secretary of State , the Welsh Ministers or that Department is for the time being exercisable to any extent by virtue of the transfer of functions provisions,
Information to which this section applies may also be supplied to— for the purpose of enabling or assisting the recipient to exercise any function in connection with regulations under section 22 so far as having effect in relation to grants under that section.
the Welsh Ministers,
any person or body acting on behalf of the Welsh Ministers under section 23(4), or
any authority or governing body by whom any function of the Welsh Ministers is for the time being exercisable to any extent by virtue of section 23(1),
Information supplied under subsection (2) or (2A) shall not be supplied by the recipient to any other person or body unless it is supplied—
to a person or body to whom it could be supplied under that subsection, or
for the purposes of any civil or criminal proceedings arising out of—
the student loans scheme, or
regulations under section 22 so far as having effect in relation to grants made in pursuance of the Welsh Ministers' functions under that section.
Subsections (2) , (2A) and (3) extend only to the supply of information by or under the authority of the Commissioners of Inland Revenue.
This section does not limit the circumstances in which information may be supplied apart from this section.
In this section—
“the delegation of functions provisions” means section 23(4) of this Act or section 73A(3) of the Education (Scotland) Act 1980;
“the transfer of functions provisions” means section 23(1) of this Act or section 73A(1) of that Act; and
“the student loans scheme” means the provisions of— and in this subsection any reference to a provision of this Act includes a reference to any corresponding Northern Ireland legislation.
regulations under section 22 of this Act so far as having effect in relation to loans under that section, or
regulations under section 73(f) of that Act made with respect to loans;
Where the Commissioners for Her Majesty's Revenue and Customs provide information to a person under this Act, section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) shall apply to the disclosure of the information by the person as it applies to the disclosure of information in contravention of a provision of that Act.
But section 19 shall not apply to disclosure—
in accordance with this section,
in accordance with another enactment, or
in circumstances specified in section 18(2)(c), (d), (e) or (h) of that Act.
In subsection (7)—
information provided to a person (P) shall be treated as being provided both to P and to any person on whose behalf P acts or by whom P is employed,
information provided to a person (P) and disclosed by P to another person (P2) in accordance with this section shall be treated as being provided also to P2 (and to any person on whose behalf P2 acts or by whom P2 is employed), and
the reference to disclosure by the person to whom information was provided (P) includes a reference to disclosure by any person acting on behalf of, or employed by, P (or a person to whom it is treated as being provided by virtue of paragraph (a) or (b)).
In the application of section 18(2)(c) and (d) of that Act by virtue of subsection (8)(c) above a reference to functions of the Revenue and Customs shall be taken as a reference to functions of the person making the disclosure in connection with student grants or loans.
In the application of section 19 of that Act by virtue of subsection (7) above “revenue and customs information” means information provided by the Commissioners (but subject to the express exclusion in section 19(2)).
Regulations may make provision—
for any function which is or may be conferred under or by virtue of a relevant enactment— to such extent as is so specified;
to transfer to, or otherwise be exercisable by, the designated person or body, or
to be replaced by such function exercisable by the designated person or body as is specified in the regulations,
for any function exercisable by the designated person or body by virtue of paragraph (a)(i) to be exercisable in such modified form as is so specified;
for the transfer to the designated person or body of rights or liabilities arising under or by virtue of any relevant enactment;
for any such enactment to have effect with such modifications as are so specified;
imposing on persons or bodies of any description so specified requirements with respect to the transfer and preservation of records.
In this section “the designated person or body” means the Secretary of State or such other person or body as may be designated for the purpose by regulations under this section.
In this section “relevant enactment” means any enactment contained in— so far as that enactment continues in force by virtue of any savings made, in connection with its repeal by this Act, by an order under section 46(4).
the Education Act 1962,
section 3 of the Education Act 1973, or
the Education (Student Loans) Act 1990,
The Secretary of State shall, not later than six months after the passing of this Act, appoint an independent body to review the arrangements for England and Wales relating to the payment of grants in respect of fees payable in connection with attendance on the final honours year of first degree courses at higher education institutions in Scotland.
The Secretary of State shall invite— to make representations to the body established under subsection (4); and the report of that body shall be laid before each House of Parliament not later than 1st April 2000.
the Scottish higher education principals,
the Committee of Vice-Chancellors and Principals, and
such other bodies as he considers appropriate,
If that body recommends that the arrangements referred to in subsection (4) should be modified in accordance with this subsection, the Secretary of State may modify those arrangements so as to secure that they are no less favourable than the arrangements made by regulations under section 73(f) of the Education (Scotland) Act 1980 for the payment of allowances in respect of fees payable as mentioned in subsection (4).
In subsections (4) and (6) any reference to the arrangements for England and Wales is a reference to arrangements made either under the Education Act 1962 or under section 22 of this Act.
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The power of the Secretary of State to impose conditions under section 7(1) of the 1992 Act in relation to grants paid to— shall include power to impose a condition requiring the Council to whom he is making any such grant to impose a condition under subsection (2) below in relation to any grants, loans or other payments made by the Council under section 5 of that Act to the governing body of a relevant institution.
the Further Education Funding Council for England, or
the Further Education Funding Council for Wales,
A condition under this subsection shall require the governing body of any such institution to secure that, in respect of the relevant academic year, no fees are payable to the institution by any specified class of persons in respect of any specified matters in connection with their attending courses of any specified description.
The power of the Secretary of State to impose conditions under section 68(1) of the 1992 Act or section 7(1) of the 1994 Act in relation to grants paid to one of the following bodies, namely— as the case may be, shall include power to impose a condition requiring the body to whom he is making any such grant to impose a condition under subsection (4) below in relation to any grants, loans or other payments made by that body under section 65 of the 1992 Act, or (as the case may be) section 5 of the 1994 Act, to the governing body of a relevant institution.
the Higher Education Funding Council for England,
the Higher Education Funding Council for Wales, or
the Teacher Training Agency,
A condition under this subsection shall require the governing body of any such institution to secure that, in respect of the relevant academic year, the fees payable to the institution by any prescribed class of persons in connection with their attending courses of any prescribed description are equal to the prescribed amount.
In subsection (4) “the prescribed amount”, in relation to any such class of persons attending courses of any such description, means such amount as may be prescribed for the time being by virtue of section 22(2)(b) as the maximum amount of any grant available for the relevant academic year in respect of fees payable by such persons in connection with their attending such courses.
A condition under subsection (2) or (4) shall impose, in the event of a failure by the governing body to comply with the requirement specified in that subsection, such further financial requirements on that body as may be specified, which may include requirements relating to the repayment, with or without interest, of the whole or part of any sums received by them in respect of the grant, loan or other payment in question.
No condition under subsection (2) or (4) shall apply in relation to any fees which are payable, in accordance with regulations under section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), by students other than those falling within any class of persons prescribed by such regulations for the purposes of subsection (1) or (2) of that section (persons connected with the United Kingdom, etc.).
The Secretary of State shall not exercise the power to prescribe descriptions of courses under subsection (4) in such a way as to discriminate—
in relation to courses of initial teacher training, between different courses on the basis of the subjects in which such training is given, or
in relation to other courses, between different courses at the same or a comparable level on the basis of the areas of study or research to which they relate.
In this section—
any university or other institution receiving grants, loans or other payments under section 5 or 65 of the Further and Higher Education Act 1992, or under section 5 of the Education Act 1994, any institution maintained by a local education authority in exercise of their further and higher education functions, any institution receiving a recurrent grant towards its costs from a further education funding council or any institution receiving a recurrent grant towards its costs under regulations made under section 485 of the Education Act 1996;
Section 1(9).
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shall make an annual report to the Secretary of State, who shall lay a copy of it before each House of Parliament; and
may arrange for any such report to be published in such manner as the Council consider appropriate.
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of the chairman or of some other person authorised either generally or specially by the Council to act for that purpose, and
of one other member.
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Section 6.
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he shall cease to be eligible for registration under section 3, and
if he is a registered teacher at the time when the order is made, his name shall be removed from the register accordingly,
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Section 44(1).
General Teaching Council for England. General Teaching Council for Wales.
A body corporate created by virtue of section 59A(2)(c) of the Further and Higher Education (Scotland) Act 1992. General Teaching Council for England. General Teaching Council for Wales.
Any member of the General Teaching Council for England in receipt of remuneration. Any member of the General Teaching Council for Wales in receipt of remuneration.
In section 133 of the Education (Scotland) Act 1980 (regulations)—
in subsection (2), at the beginning insert “ Subject to subsections (2A) and (2B) below, ”; and
after subsection (2) insert—
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In section 232(6) of the Education Reform Act 1988 (orders and regulations: provision for Wales) omit “other than section 218(1)(b) or (c), (5) or (6)”.
In section 17 of the Further and Higher Education Act 1992 (“further education corporation” and “operative date”), at the end of subsection (1) add “or which has become a further education corporation by virtue of section 47 of this Act”.
In section 90(3) of that Act (interpretation), after “ “university”” insert “ (except where the context otherwise requires) ”.
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After section 47 of the Employment Rights Act 1996 insert—
In section 48 of that Act (complaints to employment tribunals)—
in subsection (1) for “46 or 47” substitute “ 46, 47 or 47A ”; and
at the end insert—
In section 58 of that Act (right to time off for occupational pension scheme trustees), at the end of subsection (3) add, and
In section 104 of that Act (assertion of statutory right) at the end insert—
In section 225 of that Act (rights during employment), after subsection (4) insert—
the Teaching and Higher Education Act 1998
Section 44(2). Chapter Short title Extent of repeal 1962 c. 12. Education Act 1962. The whole Act. 1973 c. 16. Education Act 1973. Section 3. 1980 c. 20. Education Act 1980. Section 19. Schedule 5. 1983 c. 40. Education (Fees and Awards) Act 1983. In section 2(3), paragraph (a) and in paragraph (b) the word “other”. 1988 c. 40. Education Reform Act 1988. Section 209. In section 218(1)(c), the words “schools and”. In section 232(6), the words “other than section 218(1)(b) or (c), (5) or (6)”. 1990 c. 6. Education (Student Loans) Act 1990. The whole Act. 1993 c. 10. Charities Act 1993. In Schedule 2, paragraphs (h) and (j). 1996 c. 9. Education (Student Loans) Act 1996. The whole Act. 1996 c. 56. Education Act 1996. In section 578, the entries relating to the Education Act 1962 and the Education (Student Loans) Acts of 1990, 1996 and 1998. In Schedule 37, paragraphs 4 to 7 and 98. 1998 c. 1. Education (Student Loans) Act 1998. The whole Act.
“course”, where it appears in subsection (4) or (5), does not include any part-time or postgraduate course other than a course of initial teacher training;
“the relevant academic year”, in relation to a course, means the academic year applicable to the course which begins at the same time as, or during, the period in respect of which the grants, loans or other payments to which the relevant condition under subsection (2) or (4) relates are made;
“relevant institution” means a specified institution or an institution of a specified class; and
Where— then, for the purposes of this section, fees payable by such persons to the other institution shall be regarded as fees payable by them to the relevant institution.
a condition is imposed under subsection (2) or (4) in connection with any grants, loans or other payments made to the governing body of a relevant institution, and
those payments are to any extent so made in respect of persons attending a course which is provided in whole or part by any other institution,
Nothing in the 1992 Act or the 1994 Act, so far as it imposes any prohibition or other requirement in relation to the imposition of conditions by the Secretary of State or by any of the Councils mentioned in subsection (1) or (3) or the Teacher Training Agency shall apply to—
any condition under subsection (1) or (3) imposed by the Secretary of State; or
any condition under subsection (2) or (4) imposed by any of those Councils or that Agency.
Section 65 of the Further and Higher Education Act 1992 (administration of funds by Higher Education Funding Councils) shall have effect, and be deemed always to have had effect, with the insertion of the following subsections after subsection (3)—
In this Chapter— ... “further education course” and “higher education course” have the meaning given by regulations under section 22; ...
“fees”, in relation to attendance on a course, means fees in respect of, or otherwise in connection with, attendance on the course, including admission, registration, tuition and graduation fees but excluding—
fees payable to an institution for awarding or accrediting any qualification where the institution does not provide the whole or part of the course and is not a publicly-funded institution;
“registered teacher” means (subject to paragraph 8 of Schedule 2) a person for the time being registered under section 3 with full or provisional registration;
“prescribed” means prescribed by regulations;
such other fees as may be prescribed;
Regulations under section 22 may provide for courses provided wholly or partly outside the United Kingdom to be further education courses or (as the case may be) higher education courses for the purposes of this Chapter.
Section 22 has effect, so far as it confers power exercisable by the Secretary of State, as if—
in subsection (1), after paragraph (b) there were inserted or;
in subsections (2) to (3) and (4B), references to a higher education course or further education course (however expressed) included references to a module of such a course;
in subsection (2), after paragraph (b) there were inserted—;
in subsection (2), after paragraph (c) there were inserted—;
after that subsection, there were inserted—;
after subsection (2A) there were inserted—
Section 23 has effect, so far as it relates to a function exercisable by virtue of regulations under section 22 made by the Secretary of State, as if the reference in subsection (1)(b) to courses included a reference to modules of higher education courses or further education courses.
Section 28(2) has effect, so far as it confers power exercisable by the Secretary of State, as if—
after “courses” in the first place where it occurs there were inserted “or modules”;
after “higher education courses” there were inserted “or modules of such courses”.
In section 73 of the Education (Scotland) Act 1980 (power of Secretary of State to make grants and loans), in paragraph (f), after the word “allowances” there shall be inserted the words “ or loans ”.
After that section there shall be inserted—
After section 73D of the Education (Scotland) Act 1980 there shall be inserted—
In section 10 of the Further and Higher Education (Scotland) Act 1992 (payment of grants to Funding Council), after subsection (2) there shall be inserted—
In section 42 of that Act (grants in relation to higher education), after subsection (3) there shall be inserted—
After section 63 of the Employment Rights Act 1996 there shall be inserted—
After the section 63A inserted in the Employment Rights Act 1996 by section 32 there shall be inserted—
This section applies to training leading to an external qualification which is provided in Wales in pursuance of arrangements made by the Secretary of State under section 2(2)(f) of the Employment and Training Act 1973.
The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing training to which this section applies to be inspected under this section.
A request by the Secretary of State under this section may relate to one or more such persons, and shall specify—
the person or persons concerned, and
the form or forms of vocational training to which the inspection is to relate.
Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).
Any inspection under this section shall be conducted by one or more of the following, namely— but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.
any of Her Majesty’s Inspectors of Schools in Wales, or
any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;
In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instructions or guidelines given from time to time by the Secretary of State.
Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection, and shall send the report to the Secretary of State.
The Secretary of State may arrange for any report of an inspection under this section to be published in such manner as he considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the Secretary of State as they apply in relation to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).
In this section— “the Chief Inspector” means Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru; “external qualification” means a vocational qualification awarded or authenticated by such person or body as may be specified in or under regulations.
“regulations” means regulations made by the Secretary of State under this Act.
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This section applies to relevant services provided in Wales in pursuance of arrangements made or directions given by the Secretary of State under section 10 of the Employment and Training Act 1973.
The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing, or arranging for the provision of, relevant services in accordance with such arrangements or directions to be inspected under this section.
An inspection of any such person under this section shall consist of a review of the way in which he is discharging his responsibilities under or by virtue of the arrangements or directions in question, having regard to any guidance given by the Secretary of State with respect to the provision of relevant services.
A request by the Secretary of State under this section may relate to one or more such persons, and shall specify both—
the person or persons concerned, and
the relevant services to which the inspection is to relate.
Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (4).
Subsections (5) to (8) of section 34 shall apply in relation to an inspection under this section as they apply in relation to an inspection under that section.
In this section—
“prescribed” means prescribed by regulations;
“functions” includes powers and duties;
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Section 3 of the Further and Higher Education Act 1992 (functions with respect to part-time education and full-time education for those over 18) shall be amended as follows.
For subsection (3) there shall be substituted—
In subsection (5), for “to which subsection (1) above applies” there shall be substituted “ within paragraph (a) or (b) of subsection (1) above ”.
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A relevant institution in ... Wales shall not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—
authorised by or by virtue of any Act or Royal Charter, or
approved by the Privy Council for the purposes of this section.
A relevant institution in England must not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—
authorised by or by virtue of any Act or Royal Charter, or
approved by the Office for Students for the purposes of this section.
A person carrying on a relevant institution in England or a relevant institution in Wales shall not, when making available (or offering to make available) educational services through the institution, use with reference either to himself or the institution a name which includes the word “university” unless the inclusion of that word in that name is authorised or approved as mentioned in subsection (A1) or (1).
Subsection (A1), (1) or (2) applies where the educational services are made available, or (as the case may be) the offer to make such services available is made, in any part of the United Kingdom.
For the purposes of subsection (A1), (1) or (2) the inclusion of the word “university” in any name shall not be taken to be authorised by or by virtue of a Royal Charter relating to a university by reason of any provision of the Charter with respect to—
the affiliation or association of other institutions to the university, or
the accreditation by the university of educational services provided by other institutions.
In approving the inclusion of the word “university” in any name for the purposes of this section the Office for Students and the Privy Council shall have regard to the need to avoid names which are or may be confusing.
The Privy Council’s power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.
In exercising its power to give approval under subsection (A1) or (2), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.
In this section— “English higher education provider” and “higher education course” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see section 83 of that Act); “relevant institution in England” means a registered higher education provider as defined by section 85 of the Higher Education and Research Act 2017; “relevant institution in Wales” means— “university”, in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.
“relevant institution” means an institution within the further education sector or the higher education sector as defined by section 91(3) or (5) of the Further and Higher Education Act 1992;
an institution in Wales within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992, or
“university”, in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.
an institution in Wales within the higher education sector as defined by section 91(5) of that Act;
Before giving guidance under subsection (5A), the Secretary of State must consult—
bodies representing the interests of English higher education providers,
bodies representing the interests of students on higher education courses provided by English higher education providers, and
such other persons as the Secretary of State considers appropriate.
The power of the Office for Students under subsection (A1) or (2) is not exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.
But that does not prevent the power of the Office for Students under subsection (A1) or (2) being exercisable where the inclusion of the word “university” in the name in question has approval, or may require approval, under section 55 or 1194 of the Companies Act 2006.
Where approval is given by the Office for Students under subsection (A1) or (2) in such a case, that does not affect any requirement for approval under section 55 or 1194 of the Companies Act 2006.
For the purposes of this section, an institution is in England or is in Wales if the institution's activities are carried on, or principally carried on, in England or, as the case may be, in Wales.
At the end of section 77(4) of the Further and Higher Education Act 1992 (use of “university” in title of institution), there shall be added “ , unless in that name that word is immediately followed by the word “college” or “collegiate”. ”
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After section 125 of the Education Reform Act 1988 there shall be inserted—
After section 22 of the Further and Higher Education Act 1992 there shall be inserted—
Any power of the Secretary of State to make an order or regulations under this Act shall be exercised by statutory instrument.
A statutory instrument containing— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
an order under section 7 or 8 or paragraph 18 of Schedule 1, or
(subject to the following provisions of this section) any regulations under this Act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to the Council under section 1(5), or
in relation to the General Teaching Council for Wales under section 1(5) as applied by an order under section 8(1),
Subsection (2) does not apply to the first regulations to be made under section 22; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
That subsection also does not apply to—
any regulations in relation to which paragraph (b) of section 22(7) applies, or
any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.
That subsection also does not apply to any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.
Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
Any order or regulations under this Act may make different provision in relation to England and Wales respectively.
Nothing in this Act shall be read as affecting the generality of subsection (6).
... The Secretary of State shall, before making regulations under Chapter I of Part I of this Act, consult the Council ....
In this Act—
“functions” includes powers and duties;
“modifications” includes additions, alterations and omissions, and “modify” shall be construed accordingly;
“regulations” means regulations made by the Secretary of State under this Act.
“registered teacher” means (subject to paragraph 8 of Schedule 2) a person for the time being registered under section 3;
In the following provisions of this Act, namely— “employer”, in relation to a teacher, includes a local authority, governing body or other person who engage (or make arrangements for the engagement of) that person to provide his services as a teacher otherwise than under a contract of employment, and “employed”, “employment” and any expressions relating to the termination of employment shall be construed accordingly.
sections 12, 15 and 19, and
Schedule 2,
The minor and consequential amendments set out in Schedule 3 shall have effect.
The enactments specified in Schedule 4 are repealed to the extent specified.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 22 to 26 and 28 or sections 32 and 33—
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This Act may be cited as the Teaching and Higher Education Act 1998.
This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996.
In this Act— sections 22 to 31, sections 42 and 43, section 45, and this section, come into force on the day on which this Act is passed.
The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.
Subject to subsections (6) to (9), this Act extends to England and Wales only.
The following provisions extend to Scotland only— sections 16 and 17, section 21, sections 29 and 30, except that subsections (3) and (11) of section 73B, and section 73A so far as relating to any function exercisable by virtue of those subsections, of the Education (Scotland) Act 1980 (which are inserted by section 29) shall also extend to England and Wales and Northern Ireland, section 31, and sections 37 and 38.
The following provisions also extend to Scotland— section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section, section 23 so far as relating to any function exercisable by virtue of any provision so authorised, sections 32 and 33, section 39, section 42, and this section.
The following provisions extend to Northern Ireland— section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e), (f), (g) or (h) or (5) of that section, section 23 so far as relating to any function exercisable by virtue of any provision so authorised, section 39, section 45, and this section.
The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.