# Education (Wales) Act 2014

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# Education (Wales) Act 2014

# 2014 anaw 5

An Act of the National Assembly for Wales to make provision about the Education Workforce Council (formerly the General Teaching                        Council for Wales); to extend the registration, qualification and training requirements of the education workforce; to make                        provision about the determination of school term and holiday dates in Wales; to make provision in connection with appointments                        to Her Majesty's Inspectorate of Education and Training in Wales; and for connected purposes.                     

[12 May 2014]

**Having been passed by the National Assembly for Wales and having received the Assent of Her Majesty, it is enacted as follows:-**                        

## **PART 1**E+WINTRODUCTION

### 1OverviewE+W

(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;                  

(c)the regulation of registered persons, including—                  

(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;                  

(c)the appointment of persons to Her Majesty's Inspectorate of Education in Wales;                  

(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**E+WEDUCATION WORKFORCE

### Education Workforce CouncilE+W

#### 2Education Workforce CouncilE+W

(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.                  

Commencement Information

I1S. 2 in force for specified purposes at 18.8.2014 by S.I. 2014/2162, **art. 2(a)**

I2S. 2 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(a)**

I3S. 2 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(a)**

#### 3Aims of the CouncilE+W

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.                  

Commencement Information

I4S. 3 in force at 1.4.2015 by S.I. 2015/29, **art. 3(b)**

#### 4Functions of the CouncilE+W

(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;                  

(c)to establish and maintain a register in accordance with section 9;                  

(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;                  

(c)any other enactment.                  

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

Commencement Information

I5S. 4 in force at 1.4.2015 by S.I. 2015/29, **art. 3(c)**

#### 5Power to add functionsE+W

(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.                  

Commencement Information

I6S. 5 in force at 16.1.2015 by S.I. 2015/29, **art. 2(b)**

#### 6DirectionsE+W

(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;                  

(c)a specific disciplinary case under section 26.                  

(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).                  

Commencement Information

I7S. 6 in force at 1.4.2015 by S.I. 2015/29, **art. 3(d)**

### Provision of advice and promotion of careersE+W

#### 7Provision of advice by the CouncilE+W

(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;                  

(c)the fitness to practise of 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.                  

Commencement Information

I8S. 7 in force at 1.4.2015 by S.I. 2015/29, **art. 3(e)**

#### 8Promotion of careersE+W

(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;                  

(c)publishing promotional materials.                  

(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).                  

Commencement Information

I9S. 8 in force at 1.4.2015 by S.I. 2015/29, **art. 3(e)**

### Registration of education workforceE+W

#### 9RegisterE+W

(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.                  

Commencement Information

I10S. 9(1)(3) in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(c)**

I11S. 9(1)(3) in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(f)**

I12S. 9(2)(4)(5) in force at 1.4.2015 by S.I. 2015/29, **art. 3(f)**

#### 10Eligibility for registrationE+W

(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.                  

Commencement Information

I13S. 10 in force at 16.1.2015 by S.I. 2015/29, **art. 2(d)**

#### 11Appeals against refusal of registrationE+W

(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).                  

Commencement Information

I14S. 11 in force at 1.4.2015 by S.I. 2015/29, **art. 3(g)**

#### 12Registration feesE+W

(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);                  

(c)about any exceptions and exemptions which may or must apply;                  

(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.                  

Commencement Information

I15S. 12 in force at 16.1.2015 by S.I. 2015/29, **art. 2(e)**

#### 13Registration: further provisionE+W

(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;                  

(c)the documentary and other evidence which is to accompany applications;                  

(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.                  

Commencement Information

I16S. 13 in force at 16.1.2015 by S.I. 2015/29, **art. 2(f)**

### Requirements to be satisfied to provide servicesE+W

#### 14School teachers and school learning support workersE+W

(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;                  

(c)compliance with a specified condition;                  

(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.                  

Commencement Information

I17S. 14 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(g)**

#### 15Further education teachersE+W

(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.                  

Commencement Information

I18S. 15 in force at 16.1.2015 by S.I. 2015/29, **art. 2(h)**

#### 16Further education learning support workersE+W

(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                  

(c)supporting a person who is providing education in or for a further education institution.                  

(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;                  

(c)compliance with a specified condition;                  

(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 personsE+W

#### 17Requirement to undertake period of inductionE+W

(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;                  

(c)about the training and supervision of a person during a 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”);                  

(ii)requiring a relevant principal to make a recommendation to the appropriate body as to whether a person has met the required                        standards determined under section 18;                  

(iii)specifying circumstances in which the appropriate body may or must decide that a person's period of induction should be extended;                  

(e)about the consequences of a person completing a period of induction (whether satisfactorily or not), including, in particular,                        provision—                  

(i)requiring the appropriate body to inform the Welsh Ministers and the Council when a person has completed a period of induction                        or had it extended;                  

(ii)requiring that the employer of a person who has not satisfactorily completed a period of induction terminate the person's                        employment or otherwise secure that the person stops providing relevant services for the employer;                  

(iii)requiring that the person only provides such relevant services for the person's employer as may be determined in accordance                        with the regulations;                  

(f)about such other matters relating to periods of induction as the Welsh Ministers consider necessary or expedient, including                        (for example) provision—                  

(i)requiring an appropriate body which is not a local authority to include a representative of such an authority,                  

(ii)conferring further functions on the appropriate body, and                  

(iii)authorising the appropriate body, in such circumstances as may be specified, to make such charges in connection with the exercise                        of its functions as it may determine.                  

(3)A person or body exercising a function under this section or any regulations made under it must have regard to any relevant                        guidance issued by the Welsh Ministers.                  

Commencement Information

I19S. 17 in force at 16.1.2015 by S.I. 2015/29, **art. 2(i)**

#### 18Induction assessment standardsE+W

(1)The Welsh Ministers may determine the standards against which a person is to be assessed for the purpose of deciding whether                        or not that person has satisfactorily completed a period of induction under section 17.                  

(2)Different standards may be determined for different categories of registration.                  

(3)The Welsh Ministers must consult the Council before making a determination under this section.                  

Commencement Information

I20S. 18 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(j)**

I21S. 18 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(h)**

#### 19Appeals against induction decisionsE+W

(1)A person who is aggrieved by a decision of the appropriate body under section 17(2)(d) may appeal against the decision to                        the Council.                  

(2)Any decision made on such an appeal is final (and may not be appealed).                  

(3)The Welsh Ministers may by regulations make provision about such matters relating to appeals under this section as the Welsh                        Ministers consider necessary or expedient.                  

Commencement Information

I22S. 19 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(k)**

I23S. 19 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(i)**

#### 20Induction: intervention powersE+W

(1)Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) has effect in relation to duties imposed and powers                        conferred by virtue of section 17 as if references to the local authority included—                  

(a)the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education                        institution, and                  

(b)an appropriate body other than a governing body of a school maintained by a local authority, the governing body of a special                        school not so maintained or a local authority.                  

(2)For the purposes of subsection (1), a direction given by the Welsh Ministers under Chapter 2 of Part 2 of the 2013 Act is                        enforceable by an injunction (rather than a mandatory order) on application by, or on behalf of, the Welsh Ministers.                  

(3)This section is without prejudice to Part 2 of the 2013 Act as it applies to—                  

(a)governing bodies of—                  

(i)schools maintained by a local authority in Wales,                  

(ii)special schools in Wales which are not so maintained, and                  

(b)local authorities in Wales,                  

in respect of any duties imposed or powers conferred on them by virtue of section 17.

Commencement Information

I24S. 20 in force at 1.4.2015 by S.I. 2015/29, **art. 3(j)**

#### 21Induction: interpretationE+W

For the purposes of sections 17 to 20—
          -  “appropriate body” is to be construed in accordance with section 17(2)(d);                         
          -  “relevant principal” means—                          (a)
the head teacher of a school,
(b)
the principal of a further education institution, and
(c)
any other person with overall responsibility for registered persons providing relevant services.
 

Commencement Information

I25S. 21 in force at 16.1.2015 by S.I. 2015/29, **art. 2(l)**

#### 22Special provision for maintained schools with delegated budgetsE+W

(1)This section applies where a person—                  

(a)has undertaken a period of induction at a relevant maintained school with a view to becoming a school teacher or a school                        learning support worker,                  

(b)has not satisfactorily completed such period of induction, and                  

(c)in accordance with a requirement imposed by virtue of section 17(2)(e)(iii), is providing only such relevant services at the                        school as have been determined in accordance with the regulations.                  

(2)Any costs incurred by the local authority in respect of the person's remuneration are not to be met from the school's budget                        share for any financial year except in so far as the authority has good reason for deducting those costs, or any part of those                        costs, from that share.                  

(3)In this section—                  

(a)a “period of induction” means a period of induction required under regulations under section 17(1);                  

(b)a “relevant maintained school” is a school maintained by a local authority in Wales which has a delegated budget;                  

(c)a reference to a school's budget share or to its having a delegated budget has the same meaning as in Part 2 of the School                        Standards and Framework Act 1998.                  

Commencement Information

I26S. 22 in force at 1.4.2015 by S.I. 2015/29, **art. 3(k)**

Prospective

#### 23Appraisal of registered personsE+W

(1)The Welsh Ministers may by regulations require the appraisal of the performance of registered persons—                     

(a)in a manner specified by the regulations, and                     

(b)at times specified by or determined in accordance with the regulations.                     

(2)Regulations under subsection (1) may impose a duty on—                     

(a)a local authority;                     

(b)the governing body of a school or a further education institution;                     

(c)any other employer of registered persons providing relevant services;                     

(d)the head teacher of a school or the principal of a further education institution;                     

(e)any other person with overall responsibility for registered persons providing relevant services.                     

(3)Regulations under subsection (1) may—                     

(a)require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by, or chosen                           or determined in accordance with, the regulations;                     

(b)permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part.                     

(4)Regulations under subsection (1) may require or permit a person listed in subsection (2) to have regard to the results of                           an appraisal in the performance of a function specified by the regulations.                     

(5)The results of an appraisal may be used in determining a school teacher's remuneration.                     

(6)Before making regulations under this section the Welsh Ministers must consult such persons or bodies as they consider appropriate.                     

(7)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.                     

### Code of conduct and practice for registered personsE+W

#### 24Code of conduct and practiceE+W

(1)The Welsh Ministers must prepare and publish a code specifying the standards of professional conduct and practice expected                        of registered persons.                  

(2)The code may provide for different standards for different categories of registered person.                  

(3)In preparing the code, the Welsh Ministers must consult such persons and bodies as they consider likely to have an interest                        in the code.                  

(4)The Council must review the code and make such revisions to it as it considers appropriate—                  

(a)within 3 years of each date of its publication (under subsection (1) or (5)), and                  

(b)when a new category of registration is added.                  

(5)After each review under subsection (4), the Council must publish the code in a manner which the Council considers likely to                        bring it to the attention of registered persons and anyone else who it considers may have an interest in the code.                  

(6)In exercising its functions under subsection (4), the Council must consult such persons and bodies as it considers likely                        to have an interest in the code.                  

Commencement Information

I27S. 24 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(m)**

I28S. 24 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(l)**

#### 25Code of conduct and practice: further provisionE+W

(1)The Welsh Ministers may by regulations make provision about and in connection with the code described in section 24.                  

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

(a)the form and content of the code, and                  

(b)the consequences of any failure by a registered person to comply with the code, which may include disciplinary proceedings                        under section 26.                  

Commencement Information

I29S. 25 in force at 16.1.2015 by S.I. 2015/29, **art. 2(n)**

### Disciplinary functions of the CouncilE+W

#### 26Disciplinary functionsE+W

(1)The Council must carry out such investigations as it considers appropriate in cases where—                  

(a)it is alleged that a registered person—                  

(i)is guilty of unacceptable professional conduct or serious professional incompetence, or                  

(ii)has been convicted (at any time) of a relevant offence, or                  

(b)it appears to the Council that a registered person may be so guilty or have been so convicted.                  

(2)The Council must decide, after carrying out an investigation under subsection (1), what further action to take in respect                        of the case.                  

(3)The actions the Council may take are—                  

(a)if it considers that there is no case to answer, to discontinue the case;                  

(b)if it considers that there is (or may be) a case to answer—                  

(i)to hold a hearing in respect of the case, or                  

(ii)with the consent of the person to whom the investigation relates, to determine the case without a hearing;                  

(c)to discontinue the case on some other basis.                  

(4)Where the Council holds a hearing or the person consents to the case being determined without a hearing, the Council may determine—                  

(a)that there is no case to answer;                  

(b)that the person is guilty of unacceptable professional conduct, serious professional incompetence or has been convicted of                        a relevant offence.                  

(5)Where the Council determines that a person—                  

(a)is guilty of unacceptable professional conduct or serious professional incompetence, or                  

(b)has been convicted of a relevant offence,                  

the Council may make a disciplinary order in relation to the person.

(6)The Welsh Ministers may by regulations make provision for any functions conferred on the Council under this section to be                        excluded or restricted in such manner as may be specified in or determined under the regulations.                  

(7)The provision that may be made under subsection (6) includes such provision for excluding or restricting any such functions                        as the Welsh Ministers consider appropriate with a view to taking account of the powers exercisable by the Disclosure and                        Barring Service under the Safeguarding Vulnerable Groups Act 2006 (c. 47).                  

Commencement Information

I30S. 26 in force at 16.1.2015 by S.I. 2015/29, **art. 2(o)**

#### 27Disciplinary functions: interpretationE+W

(1)For the purposes of section 26—                  
          -  “registered person” includes—                          (a)
a person who was registered at the time of any alleged conduct or offence (whether under section 9 or under section 3 of the                                    1998 Act), and                                 
(b)
a person who has applied to be so registered;
 
          -  “relevant offence”, in relation to a registered person, means—                          (a)
in the case of a conviction in the United Kingdom, a criminal offence other than one having no material relevance to the person's                                    fitness to be a registered person in the relevant category of registration;                                 
(b)
in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would constitute such an offence                                    as is mentioned in paragraph (a).                                 
 

(2)In this Part, a “disciplinary order” means—                  

(a)a reprimand;                  

(b)a conditional registration order;                  

(c)a suspension order;                  

(d)a prohibition order.                  

(3)Where regulations under paragraph 12(1)(b) of Schedule 1 require the Council to establish a committee for the purpose of discharging                        any of the functions conferred on the Council under section 26, references in that section to the Council are to be construed                        as references to that committee.                  

Commencement Information

I31S. 27 in force at 16.1.2015 by S.I. 2015/29, **art. 2(p)**

#### 28Disciplinary functions: further provisionE+W

(1)The Welsh Ministers may by regulations make provision about or in connection with the functions of the Council under section                        26.                  

(2)Regulations under subsection (1) may, in particular, make provision—                  

(a)about the procedure relating to any investigation or proceedings (including notice requirements, compelling attendance, admissibility                        of evidence and the administration of oaths);                  

(b)about disciplinary orders (including service requirements, when orders take effect, and the review of orders);                  

(c)about the action that may be required of and in relation to the employer of a person who is the recipient of a disciplinary                        order (including dismissing the recipient of the order).                  

(3)No person is to be required by virtue of regulations under this section to give any evidence or produce any document or other                        thing which that person could not be compelled to give or produce in civil proceedings in any court in England and Wales.                  

Commencement Information

I32S. 28 in force at 16.1.2015 by S.I. 2015/29, **art. 2(q)**

#### 29Conditional registration ordersE+W

(1)Subsection (2) applies where a conditional registration order is made in relation to a person.                  

(2)The person—                  

(a)remains eligible for registration under section 9, but                  

(b)must comply with such conditions relevant to the person's employment as a registered person as may be specified in the order.                  

(3)The conditions specified may (among other things)—                  

(a)require the person to take any specified steps that will, in the opinion of the Council, help the person become a competent                        registered person;                  

(b)involve expenditure on the part of the person.                  

(4)Any condition specified in a conditional registration order is to have effect—                  

(a)for such period as may be so specified, or                  

(b)without limit of time.                  

(5)But the Council may, on the application of a person who has received a conditional registration order, vary or revoke any                        condition specified in the order.                  

(6)An application under subsection (5) must be made in accordance with any regulations made for that purpose under section 28.                  

Commencement Information

I33S. 29 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(r)**

I34S. 29 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(m)**

#### 30Suspension ordersE+W

(1)Subsections (2) and (3) apply where a suspension order is made in relation to a person.                  

(2)The person's name must be removed from the register (if it has not already been removed).                  

(3)The person becomes ineligible for registration under section 9 for the period (not exceeding two years) specified in the order.                  

(4)A suspension order may specify conditions to be complied with by the person to whom the order relates and, in that case—                  

(a)the person is to become eligible again for registration under section 9 at the end of the period specified under subsection                        (3) if the person has complied with the conditions, and                  

(b)if the person has not complied with the conditions, the person remains ineligible for registration until the person has complied                        with the conditions.                  

(5)Any condition specified in a suspension order is to have effect—                  

(a)for such period as may be so specified, or                  

(b)without limit of time.                  

(6)But the Council may, on the application of a person who has received a suspension order, vary or revoke any condition specified                        in the order.                  

(7)An application under subsection (6) must be made in accordance with any regulations made for that purpose under section 28.                  

Commencement Information

I35S. 30 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(s)**

I36S. 30 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(n)**

#### 31Prohibition ordersE+W

(1)Subsections (2) and (3) apply where a prohibition order is made in relation to a person.                  

(2)The person's name must be removed from the register (if it has not already been removed).                  

(3)The person becomes ineligible for registration under section 9.                  

(4)The Council may, on the application of a person who has received a prohibition order, determine that a person is eligible                        again for registration.                  

(5)An application under subsection (4) must be made in accordance with any regulations made for that purpose under section 28.                  

(6)No such application may be made before the end of the period of two years beginning with the date when the prohibition order                        takes effect or such longer period as may be specified in the order.                  

Commencement Information

I37S. 31 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(t)**

I38S. 31 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(o)**

#### 32Appeals against disciplinary ordersE+W

(1)A person in respect of whom a disciplinary order has been made may appeal against the order 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 notice of the order                        is served on the person.                  

(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).                  

Commencement Information

I39S. 32 in force at 1.4.2015 by S.I. 2015/29, **art. 3(p)**

### Information dutiesE+W

#### 33Council to maintain records about certain personsE+W

(1)For the purposes of this Part, the Welsh Ministers may by regulations require the Council to maintain such records about such                        persons as may be specified in the regulations.                  

(2)Regulations under subsection (1) may, in particular—                  

(a)make provision about the form and content of the records, and                  

(b)require the Council to maintain records about persons who are not eligible to be registered.                  

Commencement Information

I40S. 33 in force at 16.1.2015 by S.I. 2015/29, **art. 2(u)**

#### 34Supply of information: MinistersE+W

(1)The Welsh Ministers may provide the Council with such information relating to individual registered persons—                  

(a)as the Council may request for the purposes of carrying out any of the functions conferred on it by or under this Part, or                  

(b)as the Welsh Ministers consider it to be necessary or desirable for the Council to have for the purposes of carrying out such                        functions.                  

(2)The Secretary of State may provide the Council with such information relating to individual teachers in schools—                  

(a)as the Council may request for the purposes of carrying out any of the functions conferred on it by or under this Part, or                  

(b)as the Secretary of State considers it to be necessary or desirable for the Council to have for the purposes of carrying out                        such functions.                  

Commencement Information

I41S. 34 in force at 1.4.2015 by S.I. 2015/29, **art. 3(q)**

#### 35Supply of information: the CouncilE+W

(1)The Council must provide the Welsh Ministers with such information as they may reasonably require.                  

(2)The Council must, following a request by a registered person, provide that person with a copy of the information entered in                        the register against that person's name.                  

(3)The Council must, following a request by a person (other than a registered person) in respect of whom it maintains records                        in accordance with section 33, provide that person with a copy of any records it holds about that person.                  

(4)The Welsh Ministers may by regulations require the Council to provide information—                  

(a)to such other person or body as may be specified, and                  

(b)for such purposes and subject to such conditions as may be specified.                  

Commencement Information

I42S. 35 in force at 16.1.2015 by S.I. 2015/29, **art. 2(v)**

#### 36Supply of information: employersE+W

(1)A relevant employer must provide the Council with—                  

(a)the name of any registered person it employs or engages to provide relevant services in Wales, and                  

(b)such other information about such a registered person as the Council may reasonably require in connection with the performance                        of its functions.                  

(2)Where a relevant employer—                  

(a)ceases to use the services of a registered person in Wales on a ground mentioned in subsection (3), or                  

(b)might have ceased to use the services of the registered person in Wales on a ground mentioned in subsection (3) had the person                        not stopped providing those services,                  

the relevant employer must provide the Council with such information as may be specified in regulations made by the Welsh                     Ministers.                  

(3)The grounds are—                  

(a)unacceptable professional conduct;                  

(b)professional incompetence;                  

(c)conviction of a relevant offence.                  

(4)In this section—                  
          -  “relevant employer” means a person who employs or otherwise engages registered persons to provide relevant services in Wales;                         
          -  “relevant offence” has the same meaning as in section 27(1).                         

Commencement Information

I43S. 36 in force at 16.1.2015 by S.I. 2015/29, **art. 2(w)**

#### 37Supply of information: agents and contractorsE+W

(1)This section applies to arrangements made by one person (the “agent”) for a registered person to provide relevant services                        at the request of or with the consent of a relevant employer (whether or not under a contract).                  

(2)Where an agent—                  

(a)has terminated the arrangements on a ground mentioned in section 36(3),                  

(b)might have terminated the arrangements on a ground mentioned in section 36(3) if the registered person had not terminated                        them, or                  

(c)might have refrained from making new arrangements for the registered person on a ground mentioned in section 36(3) if the                        registered person had not ceased offering to provide the services,                  

the agent must provide the Council with such information as may be specified in regulations made by the Welsh Ministers.

(3)In this section, “relevant employer” has the same meaning as in section 36(4).                  

Commencement Information

I44S. 37 in force at 16.1.2015 by S.I. 2015/29, **art. 2(x)**

#### 38Directions to secure compliance with information dutiesE+W

(1)This section applies if the Welsh Ministers consider that—                  

(a)a relevant employer has failed or is likely to fail to comply with a duty arising under section 36, or                  

(b)an agent has failed or is likely to fail to comply with a duty arising under section 37.                  

(2)The Welsh Ministers may direct the employer or (as the case may be) agent to comply with the duty.                  

(3)A direction under subsection (2) may, on the application of the Welsh Ministers, be enforced by an injunction.                  

(4)In this section—                  
          -  “agent” is to be construed in accordance with section 37;                         
          -  “relevant employer” has the same meaning as in section 36(4).                         

Commencement Information

I45S. 38 in force at 1.4.2015 by S.I. 2015/29, **art. 3(r)**

### Transitional and transitory provisionE+W

#### 39Transfer of registrations of persons already registeredE+W

(1)Where, immediately before the date on which this section comes into force—                  

(a)a person was registered in the register maintained under section 3 of the 1998 Act, and                  

(b)the person had satisfactorily completed a period of induction for the purposes of section 19 of that Act,                  

the person is deemed on and after that date to be registered in the category of school teacher in the register maintained                     under section 9 of this Act.                  

(2)Where, immediately before the date on which this section comes into force—                  

(a)a person was registered in the register maintained under section 3 of the 1998 Act, but                  

(b)the person had not satisfactorily completed a period of induction for the purposes of section 19 of that Act,                  

the person is deemed on and after that date to be registered on a provisional basis in the category of school teacher in the                     register maintained under section 9.                  

Commencement Information

I46S. 39 in force at 1.4.2015 by S.I. 2015/29, **art. 3(s)**

#### 40Transitory matters relating to eligibility for registrationE+W

For the purposes of section 10(3)—

(a)a person who is subject to a direction under section 142(1)(a) of the 2002 Act (prohibition from teaching etc.) remains ineligible for registration, and                  

(b)a reference to a disciplinary order under this Act includes a reference to an equivalent disciplinary order made under the                        1998 Act.                  

Commencement Information

I47S. 40 in force at 1.4.2015 by S.I. 2015/29, **art. 3(s)**

### Interpretation of Part 2E+W

#### 41Interpretation of Part 2E+W

(1)In this Part, except where the context otherwise requires—                  
          -  “category of registration” (“*categori cofrestru*”) is to be construed in accordance with section 9(3);                         
          -  “further education institution” (“*sefydliad addysg bellach*”) has the meaning given in section 140 of the 2002 Act;                         
          -  “registered person” (“*person cofrestredig*”) means (subject to section 27) a person registered in the register established under section 9 (including those registered                           on a provisional basis);                         
          -  “relevant services” (“*gwasanaethau perthnasol*”) are services which may be provided only by a registered person;                         
          -  “the register” (“*y gofrestr*”) means the register established and maintained under section 9(1).                         

(2)In this Part, a reference to a person being provisionally registered (however expressed) is a reference to a person who has                        been registered on a provisional basis.                  

Commencement Information

I48S. 41 in force at 16.1.2015 by S.I. 2015/29, **art. 2(y)**

## **PART 3**E+WMISCELLANEOUS PROVISION

### Term and holiday dates and times of school sessionsE+W

#### 42Dates of terms and holidays and times of school sessionsE+W

After section 32 of the 2002 Act insert—

##### “32AResponsibility for fixing term and holiday dates in Wales

(1)A local authority in Wales must determine the term dates for each community, voluntary controlled or community special school                           or maintained nursery school in its area.                  

(2)A governing body of a foundation or voluntary aided school in Wales (a “relevant governing body”) must determine the term                           dates for its school.                  

(3)In exercising its functions under subsection (1), a local authority must co-operate and co-ordinate with—                  

(a)each relevant governing body in its area, and                  

(b)every other local authority in Wales,                  

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.                  

(4)In exercising its functions under subsection (2), a relevant governing body must co-operate and co-ordinate with—                  

(a)the local authority, and                  

(b)every other relevant governing body in the local authority's area,                  

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.                  

(5)Each local authority in Wales must notify the Welsh Ministers of the term dates which have been determined for a school year                           in respect of all the maintained schools in its area.                  

(6)The Welsh Ministers may by regulations make provision about the requirements of notification under subsection (5) including,                           in particular, provision about—                  

(a)the form and content of notifications;                  

(b)the period in which notification must be given;                  

(c)the procedure for notification.                  

(7)A local authority or a relevant governing body may alter the term dates which have been notified to the Welsh Ministers only                           if all the parties mentioned in subsection (8) agree to the alteration.                  

(8)The parties are—                  

(a)the local authority,                  

(b)each relevant governing body in the local authority's area, and                  

(c)the Welsh Ministers.                  

(9)In this section—                  
          -  “maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained                              nursery school;                         
          -  “term dates” means the dates on which the school terms and holidays are to begin and end.                         

##### 32BWelsh Ministers' power to direct determination of term dates

(1)The Welsh Ministers may direct a local authority in Wales or a relevant governing body to determine such term dates for a                           maintained school in Wales as may be specified in the direction.                  

(2)A direction under subsection (1) may, in particular—                  

(a)require different dates to be determined for different schools;                  

(b)be made in respect of such descriptions of schools as may be specified in the direction (for example, all community schools                           or all schools within a specified area);                  

(c)require the determination of different dates from those already determined or altered under section 32A.                  

(3)Before making a direction under subsection (1) the Welsh Ministers must carry out such consultation as they consider appropriate.                  

(4)The Welsh Ministers may, by regulations, make such further provision about such consultation as they consider necessary or                           expedient.                  

(5)The Welsh Ministers must publish a direction under subsection (1) electronically.                  

(6)In this section—                  
          -  “maintained school” has the same meaning as in section 32A(9);                         
          -  “relevant governing body” means the governing body of a foundation or voluntary aided school in Wales;                         
          -  “term dates” means the dates on which the school terms and holidays are to begin and end.                         

##### 32CResponsibility for fixing times of school sessions in Wales

(1)Except in the circumstances described in subsection (2), a governing body of a maintained school must determine the times                           of the school sessions for the school.                  

(2)The circumstances are—                  

(a)that the local authority in whose area the school is situated have given notice to the governing body that the times of the                           school sessions are to be determined in accordance with subsection (4), and                  

(b)that the notice has not been withdrawn by the local authority.                  

(3)A local authority must not give a notice under this section unless they consider that a change in the times of the school                           sessions is necessary or expedient in order to—                  

(a)promote the use of sustainable modes of travel within the meaning of section 11 of the Learner Travel (Wales) Measure 2008                           (nawm 2), or                  

(b)improve the effectiveness or efficiency of travel arrangements made, or to be made, by the authority under that Measure.                  

(4)In the circumstances described in subsection (2)—                  

(a)where there are 2 sessions on the relevant school day—                  

(i)the local authority must determine the time each day at which the first school session starts and the second school session                           ends, and                  

(ii)the governing body must determine the time each day at which the first school session ends and the second school session starts,                  

(b)where there is one school session on the relevant school day the local authority must determine the time each day at which                           the school session starts and ends.                  

(5)The Welsh Ministers may by regulations make provision—                  

(a)as to the procedure to be followed where the governing body of a community, voluntary controlled or community special school                           or maintained nursery school proposes to make any change in the time of the school sessions;                  

(b)as to the implementation of any such proposal;                  

(c)for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as                           a parent of a registered pupil at the school;                  

(d)as to the procedure to be followed where the local authority propose to give a notice under this section;                  

(e)as to the form and content of such a notice;                  

(f)as to the implementation of a determination made under subsection (4).                  

(6)A local authority must have regard to any guidance given by the Welsh Ministers when giving a notice under subsection (2)                           or discharging any function conferred by this section or regulations made under it.                  

(7)In this section—                  
          -  “maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained                              nursery school;                         
          -  “the times of the school sessions” means the times at which each of the school sessions or, if there is only one, the school session, is to begin and end on                              any day.”.                         

Commencement Information

I49S. 42 partly in force; s. 42 in force for specified purposes at Royal Assent, see s. 50(2)

I50S. 42 in force in so far as not already in force at 14.7.2014 by S.I. 2014/1605, **art. 2(a)**

### Her Majesty's Inspectorate of Education and Training in WalesE+W

#### 43Her Majesty's Inspectorate of Education and Training in WalesE+W

In section 19 of the Education Act 2005 (c. 18) (Her Majesty's Inspectorate of Education and Training in Wales), omit subsection                     (6) (Welsh Ministers to advise Secretary of State on recommendations to Her Majesty on the exercise of powers of appointment                     and removal under subsections (1), (2) and (4)(c)).                  

Commencement Information

I51S. 43 in force at 1.9.2014 by S.I. 2014/1605, **art. 3**

### Local authority education functions - interventionE+W

#### 44Local authority education functions exercisable by the persons directedE+W

(1)The 2013 Act is amended as follows.                  

(2)In section 25 (power to require performance of functions by other persons on behalf of authority), after subsection (3), insert—                  

“(4)If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated                           for all purposes as being exercisable by the specified person.”.                  

(3)In section 26 (power to require performance of functions by Welsh Ministers or nominee), after subsection (3), insert—                  

“(4)If a direction under subsection (2) is in force, the functions of the local authority to which it relates are to be treated                           for all purposes as being exercisable by the Welsh Ministers or their nominee.”.                  

Commencement Information

I52S. 44 in force at 14.7.2014 by S.I. 2014/1605, **art. 2(b)**

## **PART 4**E+WGENERAL PROVISION

### 45Status as an Education ActE+W

This Act is to be included in the list of Education Acts set out in section 578 of the 1996 Act.

### 46Ancillary provisionE+W

(1)The Welsh Ministers may by order make such incidental, consequential, supplemental, transitional, transitory or saving provision                        as they consider appropriate for the purposes of, or in connection with, giving full effect to any provision made by or under                        this Act.                  

(2)An order under this section may modify this or any other enactment.                  

### 47Orders and regulationsE+W

(1)Any power of the Welsh Ministers to make an order or regulations under this Act (except an order under section 50) is exercisable                        by statutory instrument and includes power to—                  

(a)make such incidental, consequential, supplemental, transitional, transitory or saving provision as the Welsh Ministers consider                        necessary or expedient for the purposes of, or in connection with, this Act, and                  

(b)make different provision for different purposes including, in particular, making different provision for different categories                        of registration.                  

(2)A statutory instrument which contains (alone or with other provision)—                  

(a)an order under section 5;                  

(b)an order under section 10(6);                  

(c)regulations under section 12;                  

(d)an order under section 46 which includes provision which adds to, amends or omits the text of an Act of Parliament or a Measure                        or Act of the National Assembly for Wales;                  

(e)an order under paragraph 3 of Schedule 1 or paragraph 2 of Schedule 2,                  

may not be made unless a draft of the instrument has been laid before and approved by resolution of the National Assembly                     for Wales.                  

(3)Any other statutory instrument containing an order or regulations under this Act (except an order under section 50) is to                        be subject to annulment in pursuance of a resolution of the National Assembly for Wales.                  

### 48Minor and consequential amendments and repealsE+W

Schedule 3 (which makes minor and consequential amendments and repeals) has effect.

Commencement Information

I53S. 48 in force at 14.7.2014 by S.I. 2014/1605, **art. 2(c)**

I54S. 48 in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(t)**

### 49General interpretationE+W

(1)In this Act, unless the context requires otherwise—                  
          -  “1996 Act” (“*Deddf 1996*”) means the Education Act 1996 (c. 56);                         
          -  “1998 Act” (“*Deddf 1998*”) means the Teaching and Higher Education Act 1998 (c. 30);                         
          -  “2002 Act” (“*Deddf 2002*”) means the Education Act 2002 (c. 32);                         
          -  “2013 Act” (“*Deddf 2013*”) means the School Standards and Organisation (Wales) Act 2013 (anaw 1);                         
          -  “enactment“ (“*deddfiad*”) means a provision contained in any of the following (whenever enacted or made)—                          (a)
an Act of Parliament;
(b)
a Measure or an Act of the National Assembly for Wales;
(c)
subordinate legislation within the meaning of the Interpretation Act 1978 (including subordinate legislation made under an                                    Act of Parliament or under a Measure or an Act of the National Assembly for Wales);                                 
 
          -  “modify” (“*addasu*”), in relation to an enactment, includes amend or repeal;                         
          -  “specified” (“*penodedig*”) means specified in an order or regulations made under this Act.                         

(2)Other expressions, if used in this Act and the 1996 Act, have the same meaning in this Act as in the 1996 Act.                  

(3)But where an expression is given for the purposes of any provision of this Act a meaning different from that given to it for                        the purposes of the 1996 Act, that meaning is to apply for the purposes of that provision instead of the one given for the                        purposes of the 1996 Act.                  

### 50CommencementE+W

(1)The following provisions come into force on the day on which this Act receives Royal Assent—                  

(a)section 1;                  

(b)section 45;                  

(c)section 46;                  

(d)section 47;                  

(e)section 49;                  

(f)this section;                  

(g)section 51.                  

(2)Section 42 comes into force on the day on which this Act receives Royal Assent but only to the extent necessary for regulations                        to be made under section 32A(6) or 32B(4) of the 2002 Act.                  

(3)Paragraph 2 of Part 1 of Schedule 3 comes into force at the end of the period of two months beginning with the day on which                        this Act receives Royal Assent.                  

(4)The other provisions of this Act come into force on such day as the Welsh Ministers may by order made by statutory instrument                        appoint.                  

(5)An order under subsection (4) may—                  

(a)appoint different days for different purposes, and                  

(b)include such transitional, transitory or saving provision as the Welsh Ministers consider necessary or expedient.                  

### 51Short titleE+W

The short title of this Act is the Education (Wales) Act 2014.

 (introduced by section 2(2))

## SCHEDULE 1E+WEDUCATION WORKFORCE COUNCIL

### StatusE+W

1(1)The Council—E+W

(a)is not a servant or agent of the Crown, and

(b)has no status, immunity or privilege of the Crown.

(2)The Council's property is not property of, or property held on behalf of, the Crown.

Commencement Information

I55Sch. 1 para. 1 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### PowersE+W

2(1)The Council may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of                        its functions.E+W

(2)In particular, the Council may—

(a)acquire and dispose of land or other property;

(b)enter into contracts;

(c)invest sums not immediately required for the purpose of carrying out its functions;

(d)accept gifts of money, land or other property;

(e)form bodies corporate or associated or other bodies which are not bodies corporate;

(f)enter into joint ventures with other persons;

(g)subscribe for shares and stock;

(h)borrow money.

Commencement Information

I56Sch. 1 para. 2 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### MembershipE+W

3(1)The Council is to have 14 members.E+W

(2)But the Welsh Ministers may by order amend this paragraph to specify that the Council is to have—

(a)a different number of members, or

(b)a specified minimum and maximum number of members.

(3)Members are to be appointed by the Welsh Ministers.

(4)The Welsh Ministers must, when exercising any function in relation to the membership of the Council—

(a)have regard to the desirability of that membership including persons with the experience and skills necessary to enable the                        Council to perform its functions efficiently and effectively, and

(b)secure that the majority of members of the Council are, or recently have been, registered persons.

(5)Members are to act as individuals (that is, they are not to act as representatives of any organisation or body to which they                        may belong, nor any person, organisation or body that nominated them).

Commencement Information

I57Sch. 1 para. 3(1)-(4)(a)(5) in force at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(i)**

I58Sch. 1 para. 3(1)-(4)(a)(5) in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(u)**

I59Sch. 1 para. 3(4)(b) in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Membership: further provisionE+W

4(1)The Welsh Ministers may by regulations make provision relating to members and their appointment.E+W

(2)Regulations under this paragraph may, in particular, include provision about—

(a)the eligibility of a person for appointment;

(b)the procedure for an appointment;

(c)the filling of any vacancies in membership which arises otherwise than at the end of a member's term of office.

(3)Regulations under this paragraph may—

(a)apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or

(b)make other provision relating to any such code.

Commencement Information

I60Sch. 1 para. 4 in force at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(ii)**

### TenureE+W

5(1)The term of office of a member is such period of up to 5 years as the Welsh Ministers may specify in the appointment.E+W

(2)A member may resign at any time by giving notice in writing to the chief officer of the Council.

Commencement Information

I61Sch. 1 para. 5 in force at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(iii)**

### Removal from officeE+W

6(1)A member may be removed from office by a majority vote of other members if without good cause—E+W

(a)the member has been absent from 3 consecutive Council meetings, or

(b)the member has been absent from meetings for a period of 6 months or more beginning with the date on which the member last                        attended a Council meeting.

(2)Before any vote is taken to remove a member, the member must be given an opportunity to make oral representations to the Council.

(3)A person ceases to hold office as a member if—

(a)the person is barred from regulated activity relating to children within the meaning of section 3(2) of the Safeguarding Vulnerable                        Groups Act 2006;

(b)the person is prohibited from being employed as a teacher by virtue of a prohibition order under section 141B of the 2002                        Act;

(c)a disciplinary order is made in respect of the person under section 26 by virtue of which the person becomes ineligible for                        registration under section 9;

(d)the person is disqualified from being employed as a teacher in any school by virtue of an order made—

(i)by an Independent Schools Tribunal under section 470 of the 1996 Act, or

(ii)by the Secretary of State or the Welsh Ministers under section 471 of that Act; or

(e)the person becomes ineligible for registration as a teacher, or is disqualified from being a teacher in a school or further                        education institution, in another part of the United Kingdom.

Commencement Information

I62Sch. 1 para. 6 in force at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(iv)**

### Remuneration, allowances and expenses of membersE+W

7(1)The Council may—E+W

(a)pay to its members such remuneration, allowances and expenses as it may determine, and

(b)pay or make provision for the payment of such sums by way of pension, allowance and gratuities to or in respect of a member                        as it may determine.

(2)If a person ceases to be a member of the Council and it appears to the Council that there are special circumstances which                        make it appropriate that the person should receive compensation, the Council may make to that person a payment of such amount                        as it may determine.

(3)The Council may pay to members of any of its committees who are not members of the Council such expenses and allowances as                        it may determine.

(4)The Council may pay to the employer of a person who is a member of the Council (or a member of any of its committees but not                        a member of the Council) such compensation in respect of the loss of that person's services as it may determine.

Commencement Information

I63Sch. 1 para. 7 in force at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(v)**

### Chairing memberE+W

8(1)The Council must elect a chairing member from amongst its membership.E+W

(2)The chairing member is to hold office for such period as the Council may determine.

(3)The chairing member may—

(a)resign as chairing member at any time by giving notice in writing to the chief officer of the Council, and

(b)be removed as chairing member by a two-thirds majority vote of the other members.

Commencement Information

I64Sch. 1 para. 8 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Chief officer and other staffE+W

9(1)The Council must have a chief officer.E+W

(2)The Welsh Ministers may by regulations make provision about the appointment of the chief officer, including, in particular—

(a)specifying who is to appoint the chief officer;

(b)the procedure for such an appointment;

(c)how the terms and conditions (including remuneration, allowances, expenses and pensions) of the chief officer are to be determined.

(3)Regulations under this paragraph may—

(a)apply (with or without modifications) any code of practice that is concerned with appointments to public bodies, or

(b)make other provision relating to any such code.

(4)The Council may appoint such other employees as it considers appropriate.

(5)Employees (other than the chief officer) are to be appointed on such terms and conditions (including as to remuneration, allowances,                        expenses and pensions) as the Council may determine.

(6)The Council may—

(a)pay, or make payments in respect of pensions or gratuities to or in respect of employees or former employees;

(b)provide and maintain schemes (whether contributory or not) for the payment of pensions and gratuities to or in respect of                        employees or former employees.

(7)References in this paragraph to pensions and gratuities include references to pensions and gratuities by way of compensation                        to or in respect of employees who suffer loss of employment or loss or diminution of emoluments.

(8)If any person—

(a)on ceasing to be employed by the Council, becomes or continues to be one of its members, and

(b)was, by reference to the person's employment, a participant in a pension scheme maintained by the Council,

the Council may make provision for that person to continue to participate in that scheme, on such terms and conditions as                     it may determine, as if the person's service as a member were service as an employee; and any such provision is to be without                     prejudice to paragraph 7.                  

Commencement Information

I65Sch. 1 para. 9(1)-(3) in force for specified purposes at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(vi)**

I66Sch. 1 para. 9(1)-(3) in force at 1.4.2015 in so far as not already in force by S.I. 2015/29, **art. 3(u)**

I67Sch. 1 para. 9(4)-(8) in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Schemes relating to remuneration etc.E+W

10(1)The Council must—E+W

(a)prepare a scheme setting out its approach to determining the amounts which it may pay—

(i)to members under paragraph 7, and

(ii)to employees under paragraph 9 (including the chief officer if so required by regulations made under paragraph 9(2)(c)), and

(b)submit the scheme to Welsh Ministers for approval.

(2)The Council may determine the amounts it pays to members and employees only in accordance with a scheme approved under this                        paragraph by the Welsh Ministers.

(3)The Council must publish a scheme approved by Welsh Ministers in such manner as the Welsh Ministers may specify.

(4)The Council may from time to time revise the scheme (in which case sub-paragraphs (1)(b), (2) and (3) apply to such a revised                        scheme).

Commencement Information

I68Sch. 1 para. 10 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Eligibility for superannuation schemeE+W

11(1)Employment with the Council is among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972                        (c. 11) (superannuation schemes as respects civil servants etc.) can apply.E+W

(2)The Council must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister                        may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament                        under that Act.

(3)Where an employee of the Council is, by reference to that employment, a participant in a scheme under section 1 of the Superannuation                        Act 1972 and is also a member of the Council, the Secretary of State may determine that the person's service as a member is                        to be treated for the purposes of the scheme as service as an employee (whether or not any benefits are payable to or in respect                        of him by virtue of paragraph 7).

Commencement Information

I69Sch. 1 para. 11 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Committees generallyE+W

12(1)The Council—E+W

(a)may establish committees for any purpose, and

(b)if so required by regulations made by the Welsh Ministers, must establish such committees for such purposes as may be specified                        in the regulations;

(but see also paragraphs 19 and 20).

(2)Subject to sub-paragraph (3), the Council—

(a)may determine the number of members which a committee established under this paragraph are to have, and

(b)must determine the terms on which such members are to hold and vacate office.

(3)Regulations under sub-paragraph (1)(b) may make provision about—

(a)the membership of a committee established under the regulations;

(b)the terms on which such a committee's members are to vacate office;

(c)the procedure of any such committee.

(4)Regulations under sub-paragraph (1)(b) may also authorise the Council to make provision with respect to any matter as to which                        provision may be made by those regulations.

(5)Subject to any conditions as may be imposed by regulations made under sub-paragraph (1)(b), the Council may include on a committee                        persons who are not members of the Council.

Commencement Information

I70Sch. 1 para. 12 in force at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(vii)**

### Delegation of functionsE+W

13(1)The Council may authorise the chairing member or any committee established under paragraph 12 to exercise such of its functions                        as it may determine.E+W

(2)Sub-paragraph (1) does not affect the Council's—

(a)responsibility for the exercise of delegated functions, or

(b)ability to exercise delegated functions.

Commencement Information

I71Sch. 1 para. 13 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### ProceedingsE+W

14(1)The Council may regulate its own procedure and that of any its committees (except to the extent that this Schedule or regulations                        made under it provide otherwise).E+W

(2)The validity of the Council's proceedings are not affected by—

(a)any vacancy in its members;

(b)any defect in the appointment of a member;

(c)the disqualification of a person as a member after appointment.

(3)The Council must provide the Welsh Ministers with such copies of any documents distributed to its members or committees as                        the Welsh Ministers may require.

Commencement Information

I72Sch. 1 para. 14 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Application of sealE+W

15E+WThe application of the seal of the Council is to be authenticated by the signature of—

(a)the chairing member or some other person authorised either generally or specifically by the Council to act for that purpose,                        and

(b)one other member.

Commencement Information

I73Sch. 1 para. 15 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Proof of documentsE+W

16E+WEvery document purporting to be an instrument made or issued by or on behalf of the Council and to be duly executed under                        the seal of the Council, or to be signed or executed by a person authorised by the Council to act in that behalf, is to be                        received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

Commencement Information

I74Sch. 1 para. 16 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### FinanceE+W

17E+WThe Welsh Ministers may make grants to the Council of such amounts and subject to such terms and conditions (including as                        to repayment) as they may determine.

Commencement Information

I75Sch. 1 para. 17 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Accounting officerE+W

18(1)The Welsh Ministers may designate a person to act as the Council's accounting officer.E+W

(2)The accounting officer has, in relation to the Council's accounts and finances, the responsibilities specified in a direction                        by the Welsh Ministers.

(3)The responsibilities that may be specified include responsibilities—

(a)in relation to the signing of accounts;

(b)for the propriety and regularity of the Council's finances;

(c)for the economy, efficiency and effectiveness with which the Council uses its resources;

(d)owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly;

(e)owed to the House of Commons or the Committee of Public Accounts of that House.

Commencement Information

I76Sch. 1 para. 18 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Audit committeeE+W

19(1)The Council must establish a committee (an “audit committee”) to—E+W

(a)review and scrutinise the Council's financial affairs,

(b)review and assess the Council's risk management, internal control and corporate governance arrangements,

(c)review and assess the economy, efficiency and effectiveness with which resources have been used in discharging the Council's                        functions, and

(d)make reports and recommendations to the Council in relation to reviews conducted under paragraphs (a), (b) or (c).

(2)The audit committee must send copies of its reports and recommendations to the Welsh Ministers.

(3)It is for the audit committee to determine how to exercise its functions under this paragraph.

Commencement Information

I77Sch. 1 para. 19 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Audit committee: membershipE+W

20(1)The audit committee is to consist of—E+W

(a)at least two members of the Council, and

(b)at least one lay member.

(2)The Council's chairing member may not be a member of the audit committee.

(3)The Council may pay such remuneration, allowances and expenses to a lay member as it may determine.

(4)The Council must consult the Welsh Ministers before determining the remuneration or allowances payable to a lay member.

(5)In this paragraph “lay member” means any person other than a member or an employee of the Council.

Commencement Information

I78Sch. 1 para. 20 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Accounts and external auditE+W

21(1)The Council must—E+W

(a)keep proper accounts and proper records in relation to them, and

(b)prepare in respect of each financial year a statement of accounts.

(2)In preparing a statement of accounts, the Council must comply with any direction given by the Welsh Ministers as to—

(a)the form and content of such accounts;

(b)the methods and principles according to which the statement is to be prepared.

(3)No later than 31 August after the end of each financial year, the Council must submit a copy of its statement of accounts                        to—

(a)the Welsh Ministers, and

(b)the Auditor General for Wales.

(4)The Auditor General for Wales must—

(a)examine, certify and report on the statement of accounts, and

(b)no later than 4 months after the copy is submitted under sub-paragraph (3), lay before the National Assembly for Wales a copy                        of the certified statement and report.

(5)In this Schedule “financial year” means the period of 12 months ending on 31 March.

Commencement Information

I79Sch. 1 para. 21 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

### Annual reportsE+W

22(1)No later than 30 November after the end of each financial year the Council must submit a report to the Welsh Ministers on                        the discharge of its functions during that year.E+W

(2)The Welsh Ministers must lay a copy of the report before the National Assembly for Wales.

(3)The Council may publish the report in such manner as it considers appropriate (including electronically).

Commencement Information

I80Sch. 1 para. 22 in force at 1.4.2015 by S.I. 2015/29, **art. 3(u)**

 (introduced by section 9(3))

## SCHEDULE 2E+WCATEGORIES OF REGISTRATION

1E+WThe first column in table 1 sets out the categories of registration and the second column describes the category by reference                        to the persons who fall within it.

### **TABLE 1**

Commencement Information

I81Sch. 2 para. 1 in force at 16.1.2015 for specified purposes by S.I. 2015/29, **art. 2(z)**

### Changing the categories of registered workerE+W

2(1)The Welsh Ministers may by order add, amend or remove a category of registration (or the description of a category) which                        may include, amongst other things, adding a category of registration relating to independent schools (within the meaning of                        section 463 of the 1996 Act), and amending or removing such a category.E+W

(2)An order under sub-paragraph (1) may make such provision about or in connection with the new category of registration as the                        Welsh Ministers consider necessary or expedient.

(3)In particular, an order under sub-paragraph (1) may specify services that may not be provided by a person unless the person—

(a)satisfies any specified requirements, and

(b)is registered.

(4)An order specifying services for the purposes of sub-paragraph (3) may make provision by reference to—

(a)one or more specified activities, or

(b)the circumstances in which activities are carried out.

(5)A requirement of such an order may, in particular, relate to—

(a)the possession of a specified qualification or experience of a specified kind;

(b)participation in or completion of a specified programme or course of training;

(c)compliance with a specified condition;

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

(6)Before making an order under this paragraph, the Welsh Ministers must consult such persons as they consider appropriate.

(7)An order made under this paragraph may modify this Act or any other enactment.

Commencement Information

I82Sch. 2 para. 2 in force at 1.4.2015 by S.I. 2015/29, **art. 3(v)**

### InterpretationE+W

3E+WIn this Schedule, “school” means—

(a)a school maintained by a local authority in Wales;

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

Commencement Information

I83Sch. 2 para. 3 in force at 16.1.2015 by S.I. 2015/29, **art. 2(z)**

 (introduced by section 48)

## SCHEDULE 3E+WCHANGES TO OTHER LEGISLATION

### **PART 1**E+WMINOR AND CONSEQUENTIAL AMENDMENTS

#### Education Act 2002 (c. 32)E+W

1(1)The 2002 Act is amended as follows.E+W

(2)In section 32 (responsibility for fixing dates of terms and holidays and times of sessions)—

(a)in subsection (1)—

(i)after “school” where it occurs the first and second time, insert “ in England ”;

(ii)in paragraph (b), omit “subject to subsections (5) to (9),”;

(b)in subsection (2)—

(i)after “school” where it occurs the first time, insert “ in England ”;

(ii)in paragraph (b), omit “subject to subsections (5) to (9)”;

(c)omit subsections (5) to (10);

(d)accordingly, the heading of section 32 becomes “ Responsibility for fixing dates of terms and holidays and times of sessions: England ”.

(3)In section 131(1) (appraisal of school teachers), after “teachers” insert “ in England ”.

(4)In section 132 (qualified teacher status), for “General Teaching Council for Wales” substitute “ Education Workforce Council ”.

(5)In section 133(1) (requirement to be qualified), after “school” insert “ in England ”.

(6)In section 210(6A) (orders and regulations), for “32(9)” substitute “ 32C(5) ”.

Commencement Information

I84Sch. 3 para. 1(1)(2)(6) in force at 14.7.2014 by S.I. 2014/1605, **art. 2(d)**

I85Sch. 3 para. 1(1)(2)(6) in force at 1.4.2015 if otherwise not already in force by S.I. 2015/29, **art. 3(w)**

I86Sch. 3 para. 1(4)(5) in force at 1.4.2015 by S.I. 2015/29, **art. 3(w)**

#### School Standards and Organisation (Wales) Act 2013 (anaw 1)E+W

2E+WIn Schedule 4 to the School Standards and Organisation (Wales) Act 2013, in paragraph 8, for “Schedule 13 to the Schools Standards                        and Framework Act 1998” substitute “ regulations made under section 31 of the Education Act 2002 (control of school premises) ”.

Commencement Information

I87Sch. 3 para. 2 in force at 1.4.2015 by S.I. 2015/29, **art. 3(w)**

### **PART 2**E+WREPEALS

3E+WThe enactments mentioned in the first column are repealed to the extent mentioned in the second column.

#### **TABLE 2**

Commencement Information

I88Sch. 3 para. 3 in force at 1.4.2015 for specified purposes by S.I. 2015/29, **art. 3(x)** (with art. 4)

 (introduced by section 1)

## SCHEDULE 4E+WINDEX OF DEFINED WORDS AND EXPRESSIONS

Commencement Information

I89Sch. 4 in force at 16.1.2015 by S.I. 2015/29, **art. 2(aa)**

### 

The words and expressions in the first column of table 3—

(a)have their Welsh language equivalents noted in the second column, and                  

(b)are defined by, or as the case may be, are to be interpreted in accordance with the provisions of this Act listed in the third                        column.                  

#### **TABLE 3**