Education Act 1994

Part I — Teacher Training

The Teacher Training Agency

The Teacher Training Agency.

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Membership, &c. of the agency.

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Funding

The funding agencies.

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Qualifying activities and eligible institutions.

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Grants, loans and other payments.

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Provisions supplementary to s. 5.

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Grants to the funding agencies.

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Directions by the Secretary of State.

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Joint exercise of functions.

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Efficiency studies.

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Research.

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General duty of Secretary of State

General duty of Secretary of State with respect to teacher training.

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Supplementary provisions

Power of schools to provide courses of initial teacher training.

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Grants for teacher training.

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Qualification of teachers, &c.

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Duty to provide information, &c.

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Additional, supplementary and ancillary functions.

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The Teaching as a Career Unit: transfer of property and staff.

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Power to reimburse certain payments to persons formerly employed in teacher training.

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• (1) The Office for Students ... may make payments, subject to such terms and conditions as it thinks fit, to—

• (a) the governing body of a grant-maintained school or grant-maintained special school, or

• (b) a further education corporation or the governing body of any institution designated under section 28 of the Further and Higher Education Act 1992,

in respect of expenditure incurred or to be incurred by that body in making safeguarded salary payments to which this section applies.

• (2) This section applies to payments made to a person who in consequence of a direction given by the Secretary of State under—

• (a) regulation 3(2) of the Further Education Regulations 1975,

• (b) regulation 15 of the Education (Schools and Further Education) Regulations 1981, being a direction relating to a course for the training of teachers, or

• (c) regulation 16 of those Regulations,

ceased before 1st April 1989 to be employed in a college for the training of teachers, or in a department for the training of teachers in any other establishment of further education.

• (3) The amount of the safeguarded salary payment is the amount by which, in consequence of the matters mentioned in subsection (2), a person’s salary exceeds that which would normally be appropriate to the post held by him.

• (4) A body to which subsection (1)(a) or (b) applies shall give to the Office for Students ... such information as it may require for the purposes of the exercise of its power under that subsection.

Inspection of institutions training teachers for schools.

18A

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Inspection of teacher training

18B

• (1) Her Majesty's Chief Inspector of Education, Children's Services and Skills (“the Chief Inspector”) may inspect and report on—

• (a) any initial training of teachers, or specialist teaching assistants, for schools, or

• (b) any in-service training of such teachers or assistants,

which is provided by a training provider.

• (2) If requested to do so by the Secretary of State, the Chief Inspector must inspect and report on such one or more relevant training providers in England as may be specified in the Secretary of State's request.

• (3) The Chief Inspector may at any time give advice to—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Secretary of State , ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

on any matter connected with training falling within subsection (1)(a) or (b).

• (4) The Chief Inspector may—

• (a) make such reports of inspections carried out by him under this section as he considers appropriate, and

• (b) arrange for any such report to be published in such manner as he considers appropriate,

...

• (5) When inspecting a training provider under this section, the Chief Inspector has at all reasonable times—

• (a) a right of entry to the premises of the training provider, and

• (b) a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section;

and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act.

• (6) Without prejudice to subsection (5), a training provider to which an inspection under this section relates—

• (a) must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and

• (b) must secure that all such assistance is also given by persons who work for the training provider.

• (7) The Chief Inspector may not carry out any inspection under subsection (1) of training provided by a training provider in Wales unless—

• (a) at least eight weeks previously, he has given notice of his intention to carry out the inspection—

• (i) to the training provider concerned, or

• (ii) where the training is provided by a partnership or association of training providers, to one of those training providers, or

• (b) with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention.

• (8) Any notice under subsection (7)—

• (a) must be given in writing, and

• (b) may be sent by post;

and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to the Secretary of State as its address.

• (9) Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b).

• (10) Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 .

• (11) Nothing in this section is to be taken as prejudicing the generality of paragraph 9(1) of that Schedule.

• (12) In this section—

• (a) “the 2005 Act” means the Education Act 2005;

• (b) “training provider” has the same meaning as in Part 3 of the 2005 Act;

• (c) “relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b);

• (d) “in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998);

• (e) “documents” and “records” each include information recorded in any form.

Inspection of teacher training in Wales

18C

• (1) Her Majesty's Chief Inspector of Education and Training in Wales (“the Chief Inspector”) may inspect and report on—

• (a) any initial training of teachers, or specialist teaching assistants, for schools, or

• (b) any in-service training of such teachers or assistants,

which is provided by a training provider in Wales.

• (2) When asked to do so by the National Assembly for Wales, the Chief Inspector must—

• (a) give advice to the Assembly on such matters connected with training falling within subsection (1)(a) or (b) as may be specified in the Assembly's request;

• (b) inspect and report on such one or more relevant training providers as may be so specified.

• (3) The Chief Inspector may at any time give advice to—

• (a) the Assembly,

• (b) the Commission for Tertiary Education and Research, or

• (c) the General Teaching Council for Wales,

on any matter connected with training falling within subsection (1)(a) or (b).

• (4) The Chief Inspector may—

• (a) make such reports of inspections carried out by him under this section as he considers appropriate, and

• (b) arrange for any such report to be published in such manner as he considers appropriate,

and subsections (2) to (4) of section 29 of the 2005 Act (publication of inspection reports) apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in subsection (2) of that section.

• (5) When inspecting a training provider under this section, the Chief Inspector has at all reasonable times—

• (a) a right of entry to the premises of the training provider, and

• (b) a right to inspect, and take copies of, any records kept by the training provider, and any other documents containing information relating to the training provider, which he considers relevant to the exercise of his functions under this section;

and section 58 of the 2005 Act (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of the 2005 Act.

• (6) Without prejudice to subsection (5), a training provider to which an inspection under this section relates—

• (a) must give the Chief Inspector all assistance in connection with the exercise of his functions under this section which he is reasonably able to give, and

• (b) must secure that all such assistance is also given by persons who work for the training provider.

• (7) The Chief Inspector may not carry out any inspection under subsection (1) unless—

• (a) at least eight weeks previously, he has given notice of his intention to carry out the inspection—

• (i) to the training provider concerned, or

• (ii) where the training is provided by a partnership or association of training providers, to one of those training providers, or

• (b) with the agreement of that training provider or (as the case may be) one of those training providers, he has given it shorter notice of that intention.

• (8) Any notice under subsection (7)—

• (a) must be given in writing, and

• (b) may be sent by post;

and any such notice may (without prejudice to any other lawful method of giving it) be addressed to a training provider at any address which the training provider has notified to the Commission for Tertiary Education and Research as its address.

• (9) Nothing in this section confers any right or imposes any duty, whether as regards the carrying out of any inspection or otherwise, in relation to any course which consists of instruction given wholly or mainly for purposes other than training falling within subsection (1)(a) or (b).

• (10) Any reference in this section to the Chief Inspector is to be read, in relation to any inspection which he is authorised or required to carry out under this section, as including a reference to any person authorised to act on his behalf under paragraph 5(1) or (2) of Schedule 2 to the 2005 Act.

• (11) Nothing in this section is to be taken as prejudicing the generality of sections 20 to 23 of, or paragraph 5(1) or (2) of Schedule 2 to, the 2005 Act.

• (12) In this section—

• (a) “the 2005 Act” means the Education Act 2005;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) “training provider” has the same meaning as in Part 3 of the 2005 Act;

• (d) “relevant training provider” means any training provider who provides training falling within subsection (1)(a) or (b);

• (e) “in-service training” includes any training provided to a teacher serving an induction period (within the meaning of section 19 of the Teaching and Higher Education Act 1998);

• (f) “documents” and “records” each include information recorded in any form.

Interpretation.

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Expressions used in this Part and in the Education Act 1996, have the same meaning in this Part as in that Act.

Part II — Students’ Unions

Meaning of “students’ union”.

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• (1) In this Part a “students’ union” means—

• (a) an association of the generality of students at an establishment to which this Part applies whose principal purposes include promoting the general interests of its members as students; or

• (b) a representative body (whether an association or not) whose principal purposes include representing the generality of students at an establishment to which this Part applies in academic, disciplinary or other matters relating to the government of the establishment.

• (2) References in this Part to a students’ union include an association or body which would fall within subsection (1) if for the references to the generality of students at the establishment there were substituted a reference to—

• (a) the generality of undergraduate students, or graduate students, at the establishment; or

• (b) the generality of students at a particular hall of residence of the establishment.

• (3) References in this Part to a students’ union include an association or body which consists wholly or mainly of—

• (a) constituent or affiliated associations or bodies which are themselves students’ unions within subsection (1) or (2), or

• (b) representatives of such constituent or affiliated associations,

and which fulfils the functions of a students’ union within subsection (1) or (2) in relation to students at an establishment to which this Part applies.

• (4) An association or body may be a students’ union within the meaning of this Part in relation to more than one establishment but not in relation to establishments generally in the United Kingdom or a part of the United Kingdom.

• (5) References in this section to an association of the generality of students, or of any description of students, include—

• (a) any association which the generality of students, or of students of that description, may join, whether or not it has in membership a majority of them, and

• (b) any association which would fall within paragraph (a) if the references there to students were confined to full-time students;

and references to a representative body whose principal purposes include representing the generality of students, or of any description of students, shall be similarly construed.

Establishments to which Part II applies.

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• (1) The establishments in England and Wales to which this Part applies are—

• (za) any registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017;

• (a) any university receiving financial support under section 65 of the Further and Higher Education Act 1992;

• (b) any institution in Wales conducted by a higher education corporation or further education corporation within the meaning of that Act;

• (ba) any sixth form college;

• (c) any institution designated under section 129 of the Education Reform Act 1988 ...;

• (d) any institution designated under section 28 of the Further and Higher Education Act 1992 as eligible to receive support from funds administered by a further education funding council;

• (da) any institution in Wales designated under section 28 of the Further and Higher Education Act 1992;

• (e) any institution substantially dependent on financial support under section 6(5) of that Act (certain institutions providing facilities for part-time, or adult, further education);

• (f) any institution designated, or of a description designated, by order of the Secretary of State;

• (g) any college, school or hall in an establishment within any of the above paragraphs.

• (2) The establishments in Scotland to which this Part applies are—

• (a) any institution within the higher education sector for the purposes of section 56(2) of the Further and Higher Education (Scotland) Act 1992;

• (b) any college of further education (within the meaning of section 36(1) of that Act), the board of management of which is established in pursuance of Part 1 of that Act;

• (c) any central institution within the meaning of section 135(1) of the Education (Scotland) Act 1980;