The Education Act 2011 (Abolition of the GTCE Consequential Amendments and Revocations) Order 2012

Made: 25th April 2012

Laid before Parliament: 3rd May 2012

Coming into force: 25th May 2012

The Secretary of State makes the following Order in exercise of the powers conferred by sections11(2) and 78(2)(a) and (c) of the Education Act 2011[^f00001].

Citation and commencement

1

This Order may be cited as the Education Act 2011 (Abolition of the GTCE Consequential Amendments and Revocations) Order 2012 and comes into force on 25th May 2012.

Amendments to the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009

2

• (1) The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009[^f00002] is amended as follows.

• (2) In article 21 (information provided by ISA)—

• (a) for paragraph (8) substitute—

(8) If ISA[^f00003] becomes aware of relevant information relating to a person who it knows or thinks is a person– (a) to whom sections 141B to 141E of the 2002 Act[^f00004] apply, or (b) who appears in the register of teachers maintained under section 3 of the Teaching and Higher Education Act 1998[^f00005] by the General Teaching Council for Wales[^f00006], it must provide that information to the Secretary of State or the General Teaching Council for Wales, as the case may be.

; and

• (b) for paragraph 9(b) substitute—

(b) is relevant to the exercise of any function of— (i) the Secretary of State in respect of sections 141B to 141E of the 2002 Act, or (ii) the General Teaching Council for Wales,

Revocations

3

The instruments listed in Column 1 of the table in the Schedule are revoked to the extent indicated in Column 3.

SCHEDULE — Revocations

Signed

Nick Gibb — Minister of State — Department for Education and Skills — 25th April 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes amendments and revocations to secondary legislation consequential upon the abolition of the General Teaching Council for England (GTCE) by section 7 of the Education Act 2011 which came into force on 1 April 2012.

Article 2 amends the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 so that the Independent Safeguarding Authority (ISA, formerly IBB) can, following the abolition of the GTCE, provide information to the Secretary of State that may be relevant to disciplinary investigations of teachers working in England.

Article 3 and the Schedule revoke references in secondary legislation that relate specifically to the General Teaching Council for England to the extent indicated in each case.

In relation to the General Teaching Council (Registration of Temporary Teachers from Relevant European States) (England and Wales) Regulations 2009, these are revoked in relation to England only. The effect of the revocation is that teachers from EEA States or Switzerland who are working in England are no longer required to register with the GTCE in order to be able to carry out teaching work in England, or to be subject to the same disciplinary provisions as teachers registered in accordance with section 3 of the Teaching and Higher Education Act 1998. Instead, since 1 April 2012, all qualified teachers, including teachers who have qualified overseas, are able to work in England on a temporary basis under the provisions of the Education (Specified Work) (England) Regulations 2012, and all teachers that are working in England will be covered by the disciplinary regime in sections 141B to 141E of the Education Act 2002.

An impact assessment has not been produced for this instrument as it has no impact on businesses, civil society organisations or on the public sector.

Footnotes

[^f00001]: 2011 c.21.

[^f00002]: S.I. 2009/2610, to which there is an amendment not relevant to this Order.

[^f00003]: In accordance with section 81 of the Policing and Crime Act 2009 (c. 26) legislative references to the Independent Barring Board (IBB) should now be read as references to the Independent Safeguarding Authority (ISA).

[^f00004]: Section 141A(1) of the Education Act 2002 (“the 2002 Act”) sets out the persons to whom sections 141B to 141E apply.

[^f00005]: 1998 c.30. Section 3 was amended by paragraphs 1 and 3(1) to (6) of Part 1 of Schedule 12 to the 2002 Act and by paragraph 76(b) of Schedule 21 to that Act. It was repealed in part by paragraph 76(a) of Schedule 21 and by Part 3 of Schedule 22 to the 2002 Act. It was further amended by paragraph 4 of Part 1 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c.47). Chapter 1 and Schedule 1 are amended by paragraphs 1 to 17 of Schedule 2 to the Education Act 2011 (c.21).

[^f00006]: The General Teaching Council for Wales is established under S.I. 1998/2911.