Legalize / United Kingdom / Wales / Act of Senedd Cymru

Education (Wales) Act 2014

Type Act of Senedd Cymru

Publication 2014-05-12

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — INTRODUCTION

Overview

1

(1) This Part gives an overview of the content of this Act.

(2) Part 2 makes provision about—

(a) the reform of the General Teaching Council for Wales and its renaming as the Education Workforce Council;

(b) the registration of certain persons who educate children and young people;

(i) the obligation of registered persons to comply with a code specifying the standards of professional conduct and practice;

(ii) the action that can be taken against a registered person;

(d) the sharing of information about registered persons.

(3) Part 3 makes provision about—

(a) the fixing of term and holiday dates for schools in Wales;

(b) the times of school sessions;

(d) education functions of local authorities which, by virtue of section 25 or 26 of the School Standards and Organisation (Wales) Act 2013, are to be treated for all purposes as exercisable by persons directed by the Welsh Ministers.

(4) Part 4 makes general provision in relation to the Act.

(5) An index of the defined words and expressions used in this Act is provided in Schedule 4.

PART 2 — EDUCATION WORKFORCE

Education Workforce Council

2

(1) The body corporate established in pursuance of section 8 of the Teaching and Higher Education Act 1998 (c. 30) and known as the General Teaching Council for Wales—

(a) is to continue to exist, but

(b) is to change its name to (and now be known as) the “Education Workforce Council” (in this Act referred to as “the Council”).

(2) Schedule 1 (which makes provision about the constitution and powers of the Council) has effect.

Aims of the Council

3

The principal aims of the Council are—

(a) to contribute to improving the standards of teaching and the quality of learning in Wales, and

(b) to maintain and improve standards of professional conduct amongst teachers and persons who support teaching and learning in Wales.

Functions of the Council

4

(1) The Council's main functions are—

(a) to provide advice on matters related to the persons which it regulates and teaching and learning in accordance with section 7;

(b) to undertake activities to promote careers in registrable professions in accordance with section 8;

(d) to keep itself informed about the induction of persons in accordance with section 17 and to hear appeals in relation to induction decisions in accordance with section 19;

(e) to review and revise the code which specifies standards of professional conduct and practice for registered persons in accordance with section 24;

(f) to investigate unacceptable professional conduct and professional incompetence and take appropriate action in respect of registered persons in accordance with section 26;

(g) to hold such information about persons as may be specified in accordance with section 33 and to provide information to such bodies as may be specified in accordance with section 35.

(2) The Council also has the additional functions conferred on it by virtue of—

(a) this Act;

(b) an order under section 5;

(3) The functions conferred on the Council by or under this Part are exercisable by it only in relation to Wales.

Power to add functions

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(1) The Welsh Ministers may by order confer or impose on the Council such additional functions as they consider appropriate.

(2) Before making an order under subsection (1) the Welsh Ministers must consult such persons as they consider appropriate.

Directions

6

(1) The Council must comply with any direction (general or specific) given to it by the Welsh Ministers.

(2) A direction may not be given in respect of—

(a) a specific application for registration under section 9;

(b) an appeal relating to such an application;

(3) The Welsh Ministers must publish a direction given under this section in such manner as they consider appropriate.

(4) The Welsh Ministers may vary or revoke a direction (and subsection (3) applies in relation to any document varying or revoking a direction as it applies to a direction).

Provision of advice and promotion of careers

Provision of advice by the Council

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(1) The Welsh Ministers may require the Council to provide advice—

(a) to them on—

(i) a relevant matter, or

(ii) any other matter relating to teaching or learning, and

(b) to another person on a relevant matter.

(2) For the purposes of this section the “relevant matters” are—

(a) standards of services provided by registered persons;

(b) standards of conduct for registered persons;

(d) the roles of the professions represented in the categories of registration;

(e) the standing of each of those professions;

(f) the training, career development and performance management of registered persons;

(g) the recruitment to and retention of registered persons in each category of registration;

(h) the supply of registered persons.

(3) The Council may also provide such advice on relevant matters as it considers appropriate to such persons as it may determine.

(4) The Council must, every two months, notify the Welsh Ministers in writing of any advice it has given on relevant matters during the preceding two months, and of the recipient of that advice.

(5) Advice given under this section in relation to relevant matters must be of a general nature.

(6) The Council may, with the consent of the Welsh Ministers, publish any advice it gives under this section.

Promotion of careers

8

(1) The Council must undertake such activities as the Welsh Ministers may require with a view to promoting careers, and the development of careers, in the registrable professions in Wales.

(2) The activities that may be required may include, in particular—

(a) giving advice;

(b) organising conferences and lectures;

(3) For the purposes of section 4(1)(b) and this section, the reference to careers in the registrable professions is a reference to careers providing the services described in relation to a category of registration (for example, teaching).

Registration of education workforce

Register

9

(1) The Council must establish and maintain a register for the purposes of this Part.

(2) The register must contain the name of every person who is eligible for registration under section 10 and applies to be registered.

(3) The register must comprise the categories set out and described in table 1 of Schedule 2 (the “categories of registration”).

(4) Each registered person must be registered in at least one category of registration.

(5) A person may be registered on a provisional basis.

Eligibility for registration

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(1) A person is eligible for registration if the person meets the conditions in this section.

(2) The first condition is that the person—

(a) meets the description of a category of registration and has satisfactorily completed any period of induction required by virtue of section 17, or

(b) satisfies such requirements for provisional registration as the Welsh Ministers may by regulations specify.

(3) The second condition is that the person is not—

(a) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006 (c. 47)),

(b) subject to a disciplinary order made under this Act by virtue of which the person is ineligible to register, or

(c) disqualified from working in a post equivalent to the category of registration for which registration is sought in another part of the United Kingdom.

(4) The third condition is that, at the time of registration, the Council is satisfied that the applicant is a suitable person to be registered in the category of registration for which registration is sought.

(5) In exercising its functions under subsection (4), the Council must have regard to any guidance issued by the Welsh Ministers.

(6) The Welsh Ministers may by order amend subsection (3) to specify such additional grounds of ineligibility as they consider necessary or expedient.

(7) Before making an order under subsection (6) the Welsh Ministers must consult such persons or bodies as they consider appropriate.

Appeals against refusal of registration

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(1) A person whose application for registration has been refused by the Council on the ground that the Council was not satisfied as to the applicant's suitability under section 10(4) may appeal against the decision to the High Court.

(2) An appeal under subsection (1) must be made within the period of 28 days beginning with the date on which the notice of the decision is served on the applicant.

(3) In respect of such an appeal, the High Court may make any order which it considers appropriate.

(4) The decision of the High Court is final (and may not be appealed).

Registration fees

12

(1) The Welsh Ministers may by regulations make provision about the fees which may be payable in connection with registration (including fees for restoration to, or retention in, the register).

(2) Regulations under this section may, in particular, make provision—

(a) authorising the Council to charge and recover fees;

(b) about the amount of the fees (and who is to determine the amount);

(d) requiring employers of registered persons—

(i) to deduct (or arrange for the deduction) from the salary of a registered person any fee payable, and

(ii) to remit that fee to the Council;

(e) about the arrangements to be adopted by employers in pursuance of paragraph (d);

(f) about the administration charges which may be deducted by employers from any fees remitted to the Council;

(g) about the consequences of failing to pay fees (which may include refusal to register, or removal from the register).

(3) In this section, “salary” includes any remuneration payable in respect of services provided by a registered person.

Registration: further provision

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(1) The Welsh Ministers may by regulations make such further provision about the register and registration as they consider necessary or expedient.

(2) Regulations under this section may, in particular, make provision about—

(a) the form and content of the register;

(b) the form and manner in which applications for registration are to be made;

(d) how an applicant is to be informed of—

(i) the decision on whether to grant or refuse an application for registration, and

(ii) in the case of a refusal to register, the grounds on which the application was refused and the applicant's right to appeal the decision;

(e) the matters which are to be recorded in the register against the names of those registered in it;

(f) the restoration and alteration of entries;

(g) the removal of entries from the register in such circumstances as the regulations may specify;

(h) the issue and form of certificates of registration;

(i) 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.

Requirements to be satisfied to provide services

School teachers and school learning support workers

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(1) The Welsh Ministers may by regulations provide that specified services may not be provided by a person in a school unless—

(a) the person—

(i) is a qualified teacher (see section 132 of the 2002 Act), or

(ii) satisfies specified requirements, and

(b) the person is registered in a specified category of registration.

(2) Regulations under subsection (1) specifying services 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 made 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) of the 2002 Act.

(4) A requirement of regulations under subsection (1) 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;

(d) an exercise of discretion by the Welsh Ministers, another specified person or another person of a specified description.

(5) Regulations under subsection (1) may limit the period of time during which work may be provided by a person in reliance on subsection (1)(a)(ii).

(6) In this section, “school” means—

(a) a school maintained by a local authority in Wales, and

(b) a special school in Wales not so maintained.

Further education teachers

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(1) The Welsh Ministers may by regulations—

(a) provide that education may not be provided by a person in or for a further education institution in Wales unless the person—

(i) has a specified qualification, and

(ii) is registered in the category of further education teacher;

(b) specify conditions to be complied with by or in respect of a person providing education in or for a further education institution in Wales.

(2) Regulations under subsection (1) may provide that a specified provision of the regulations is not to apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.

(3) Regulations under subsection (1) may impose a function on—

(a) a local authority in Wales;

(b) a governing body (within the meaning of section 90(1) of the Further and Higher Education Act 1992 (c. 13)) of a further education institution in Wales.

(4) For the purposes of this section, “education” has the meaning given by section 140(3) of the 2002 Act.

Further education learning support workers

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(1) The Welsh Ministers may by regulations provide that a person may not (directly or indirectly) provide the services described in subsection (2) in or for a further education institution in Wales unless the person—

(a) satisfies any specified requirements, and

(b) is registered in the category of further education learning support worker.

(2) The services are—

(a) enabling or assisting a learner to participate in education,

(b) supporting a learner's independence, achievement or progression, or

(3) A requirement of regulations under subsection (1) 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;

(d) an exercise of discretion by the Welsh Ministers, another specified person or another person of a specified description.

(4) For the purposes of this section, “education” has the meaning given by section 140(3) of the 2002 Act.

Induction and appraisal of registered persons

Requirement to undertake period of induction

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(1) The Welsh Ministers may by regulations make provision for, and in connection with, requiring a person to have satisfactorily completed such period of induction in a place or setting of such description as may be specified before the person may be registered (otherwise than on a provisional basis).

(2) Regulations under subsection (1) may make provision—

(a) about the circumstances in which a person may be exempted from the requirement to have satisfactorily completed a period of induction;

(b) about the period and process of induction including, in particular, provision relating to—

(i) the periods of employment which may count towards the period of induction;

(ii) the approvals which may be required before a person may undertake a period of induction;

(iii) the circumstances in which induction is not to occur at a place or setting of a specified description;

(iv) the circumstances in which a person may undertake more than one period of induction;

(d) about the assessment of persons who are undertaking a period of induction, including, in particular, provision—

(i) specifying the person or body who is responsible for deciding whether a person has satisfactorily completed a period of induction (“the appropriate body”);

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