# 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)**

#### 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.                  

#### 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.                  

#### 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.                  

#### 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).                  

### 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.                  

#### 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).                  

### Registration of education workforceE+W

#### 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 10Eligibility for registrationE+W

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

#### 12Registration feesE+W

#### 13Registration: further provisionE+W

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

#### 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 15Further education teachersE+W

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

### Induction and appraisal of registered personsE+W

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

#### 18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 20Induction: intervention powersE+W

#### 21Induction: interpretationE+W

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

Prospective

#### 23Appraisal of registered personsE+W

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

#### 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

### Disciplinary functions of the CouncilE+W

#### 26Disciplinary functionsE+W

#### 27Disciplinary functions: interpretationE+W

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

#### 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 32Appeals against disciplinary ordersE+W

### Information dutiesE+W

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

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

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

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

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

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

### 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.                  

#### 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.                  

### 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.                  

## **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

I2S. 42 partly in force; s. 42 in force for specified purposes at Royal Assent, see s. 50(2)

I3S. 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)).                  

### 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

I4S. 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

I5S. 48 in force at 14.7.2014 by S.I. 2014/1605, **art. 2(c)**

### 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.

### 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.

### 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

I6Sch. 1 para. 3(1)-(4)(a)(5) in force at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(i)**

### 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

I7Sch. 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

I8Sch. 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

I9Sch. 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

I10Sch. 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.

### 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

I11Sch. 1 para. 9(1)-(3) in force for specified purposes at 18.8.2014 by S.I. 2014/2162, **art. 2(b)(vi)**

### 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).

### 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).

### 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

I12Sch. 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.

### 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.

### 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.

### 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.

### 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.

### 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.

### 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.

### 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.

### 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.

### 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).

 (introduced by section 9(3))

## SCHEDULE 2E+WCATEGORIES OF REGISTRATION

1E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

### 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.

### InterpretationE+W

3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 (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

I13Sch. 3 para. 1(1)(2)(6) in force at 14.7.2014 by S.I. 2014/1605, **art. 2(d)**

#### 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) ”.

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

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

#### **TABLE 2**

 (introduced by section 1)

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

### 

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**