Education, Wales Title, commencement and application 1 1 The title of these Regulations is the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2015 and they come into force on 1 April 2015. 2 These Regulations apply in relation to school teachers in Wales. Revocation and transitional provision 2 1 Subject to paragraph (2) the regulations set out in the first column of the table in Schedule 1 are revoked to the extent indicated in the third column of the table in Schedule 1. 2 A person who immediately before 1 April 2015 was serving an induction period in accordance with the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005 (“ the 2005 Regulations ”) is to be treated from that date as if they were serving an induction period in accordance with these Regulations and anything done under the 2005 Regulations is to be treated as done under these Regulations. Interpretation 3 1 In these Regulations— “ the 1998 Act ” (“ Deddf 1998 ”) means the School Standards and Framework Act 1998 ; “ the 2002 Act ” (“ Deddf 2002 ”) means the Education Act 2002 ; “ the 1999 Regulations ” (“ Rheoliadau 1999 ”) means the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 ; “ the 2014 Act ” (“ Deddf 2014 ”) means the Education (Wales) Act 2014; “ the 2021 Act ” (“ Deddf 2021 ”) means the Curriculum and Assessment (Wales) Act 2021; “ appropriate body ” (“ corff priodol ”) means the appropriate body under regulation 5; “ authority ” (“ awdurdod ”) means a local authority in Wales; “ the Council ” (“ y Cyngor ”) means the Education Workforce Council; “ employer ” (“ cyflogwr ”) means an authority, governing body or other person who engages or make arrangements for the engagement of a person to provide their services as a teacher under a contract of employment or otherwise than under a contract of employment, and “ employed ” (“ cyflogedig ”), “ employment ” (“ cyflogaeth ”) and any expressions relating to the termination of employment are to be construed accordingly; “ employment-based teacher training scheme ” (“ cynllun hyfforddi athrawon ar sail cyflogaeth ”) means a scheme established by the Welsh Ministers under regulation 8 of the School Teachers' Qualifications Regulations; “ England's Induction Regulations ” (“ Rheoliadau Sefydlu Lloegr ”) means regulations made from time to time under section 135A of the 2002 Act in relation to teachers in England; “ FE college ” (“ coleg AB ”) means an institution within the further education sector as defined in section 91(3) of the Further and Higher Education Act 1992 ; “ governing body ” (“ corff llywodraethu ”) in relation to an FE college has the same meaning as in section 90(1) of the Further and Higher Education Act 1992 and in relation to a relevant school which is a pupil referral unit, includes the management committee of the pupil referral unit (if there is one) ; “ graduate teacher ” (“ athro neu athrawes raddedig ”) means a person who was granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1 September 2004; “ head teacher ” (“ pennaeth ”) includes the principal of an FE college and the teacher in charge of a pupil referral unit ; “ induction period ” (“ cyfnod sefydlu ”) means an induction period required by these Regulations; “institution (“ sefydliad ”) means a relevant school, an independent school or an FE college in which an induction period may be served under these Regulations, as the context requires; ... “ non-maintained special school ” (“ ysgol arbennig nas cynhelir ”) means a special school which is neither a community special school nor a foundation special school; “ pupil ” (“ disgybl ”) has the meaning given to it in section 3 of the Education Act 1996; “ pupil referral unit ” (“ uned cyfeirio disgyblion ”) has the same meaning as in section 19A(2) of the Education Act 1996; “ qualified teacher ” (“ athro neu athrawes gymwysedig ”) means a person who satisfies requirements specified in regulations made under section 132 of the 2002 Act; “ reception year ” (“ blwyddyn derbyn ”) means a year group in which the majority of the pupils attain the age of 5; “ registered teacher ” (“ athro neu athrawes gofrestredig ”) means a person who was granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1 September 2004; “ relevant school ” (“ ysgol berthnasol ”) means a school maintained by an authority or a non-maintained special school; “ school day ” (“ diwrnod ysgol ”) in relation to a school means any day on which at that school there is a school session, and in relation to an FE college, means any day on which the college meets; “ school session ” (“ sesiwn ysgol ”) has the same meaning as in regulations 4 and 5 of the Education (School Day and School Year) (Wales) Regulations 2003 ; “the School Teachers' Qualifications Regulations” (“ Rheoliadau Cymwysterau Athrawon Ysgol ”) means the Education (School Teachers' Qualifications) (Wales) Regulations 2012 ; “ school term ” (“ tymor ysgol ”) includes a term of an FE college; “ school year ” (“ blwyddyn ysgol ”) includes the academic year of an FE college; “ special school ” (“ ysgol arbennig ”) has the same meaning as in section 337 of the Education Act 1996 ; “ supply teacher ” (“ athro neu athrawes gyflenwi ”) means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them; “ working day ” (“ diwrnod gwaith ”) means any day other than a Saturday, a Sunday , Christmas Day, Good Friday or a day which is a bank holiday in Wales and England within the meaning of the Banking and Financial Dealings Act 1971 . “ year 1 ” (“ blwyddyn 1 ”) means the year group in which the majority of pupils attain the age of 6; “ year 2 ” (“ blwyddyn 2 ”) means the year group in which the majority of pupils attain the age of 7; “ year 3 ” (“ blwyddyn 3 ”) means the year group in which the majority of pupils attain the age of 8; “ year 4 ” (“ blwyddyn 4 ”) means the year group in which the majority of pupils attain the age of 9; “ year 5 ” (“ blwyddyn 5 ”) means the year group in which the majority of pupils attain the age of 10; “ year 6 ” (“ blwyddyn 6 ”) means the year group in which the majority of pupils attain the age of 11; “ year 7 ” (“ blwyddyn 7 ”) means the year group in which the majority of pupils attain the age of 12; “ year 8 ” (“ blwyddyn 8 ”) means the year group in which the majority of pupils attain the age of 13; “ year 9 ” (“ blwyddyn 9 ”) means the year group in which the majority of pupils attain the age of 14; “ year 10 ” (“ blwyddyn 10 ”) means the year group in which the majority of pupils attain the age of 15; “ year 11 ” (“ blwyddyn 11 ”) means the year group in which the majority of pupils attain the age of 16; “ year group ” (“ grŵp blwyddyn ”) means a group of pupils at a school the majority of whom will, in a particular school year, attain the same age. 2 For the purposes of these Regulations a person has completed an induction period when that person has served an induction period of— a three school terms; or b such other length as determined in accordance with regulation 8(4) (comprising only periods of employment which count towards an induction period under regulation 9) or regulation 8(5) (appropriate body determination where standards met) ; and where the appropriate body extends the induction period in accordance with regulation 10, the period of that extension. Breach of time limits 4 Failure by any person to discharge any duty within a time limit specified in these Regulations does not relieve that person of that duty. Appropriate body 5 1 For the purposes of these Regulations— a the appropriate body in relation to a community, foundation or voluntary school, a community or foundation special school, ... a maintained nursery school (in each case within the meaning of the 1998 Act) , or a pupil referral unit is the authority maintaining it; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c the appropriate body in relation to an independent school is— i an authority, or ii such persons or body as the Welsh Ministers may determine, which persons or body must include as a member representative of an authority, and d the appropriate body in relation to an FE college is an authority. 2 Any question as to which is the appropriate body for the purposes of exercising any functions imposed or conferred on an appropriate body by these Regulations in a case where a person serves an induction period in more than one institution is to be determined by the Welsh Ministers. Requirement to serve an induction period 6 Subject to the exceptions in Schedule 2, no person is to be employed on or after 1 April 2015 as a teacher at a relevant school unless that person has satisfactorily completed an induction period in accordance with these Regulations. Time limit for satisfactory completion of an induction period 6A 1 An induction period must be satisfactorily completed within 5 years beginning with the later of the date of award of qualified teacher status or 7 November 2022 (“the time limit”). 2 But where the appropriate body extends the time limit in accordance with regulation 6B, the induction period must be satisfactorily completed within the extended time limit. Extension of time limit for satisfactory completion of an induction period 6B 1 The appropriate body must extend the time limit in regulation 6A(1) for a person (whether or not it, or any period of extension, has already expired) where— a that person’s induction period is extended in accordance with regulation 10, 13(2)(b), 16(2)(c) or (3)(c), and b there is insufficient time available within the time limit for the appropriate body to make a decision in accordance with regulation 13(2). 2 The appropriate body may extend the time limit in regulation 6A(1) for a person (whether or not it, or any period of extension, has already expired) where it is satisfied that there are good reasons for doing so and the person consents. 3 An extension, or the total period of extension where there is more than one must not exceed 2 years beginning with the day following the day on which the time limit in regulation 6A(1) expired, unless it is necessary by virtue of paragraph (1). 4 The appropriate body must, within 10 working days beginning with the day on which the time limit in regulation 6A(1) was extended under paragraph (1) or (2), send written notice of the extension to— a the person concerned, b where the person concerned is employed at a relevant school or FE college, the governing body and the head teacher, c where the person concerned is employed at an independent school, the proprietor and the head teacher, d where the person is not employed by the appropriate body, any other employer (if not entitled to notice under (b) or (c)), and e the Council. 5 Notice under paragraph (4) may be given by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and a notice sent by such a method is to be regarded as given when it is received in legible form. Institutions in which an induction period may be served 7 1 Subject to paragraph (2), an induction period may only be served in— a a relevant school in Wales other than a community or foundation special school established in a hospital; or b in the circumstances set out in paragraph (3) an independent school in Wales; or c in the circumstances set out in paragraph (4) an FE college in Wales; or d a school or an FE college in England in which an induction period may be served under England's Induction Regulations. 2 An induction period may not be served in— a a school in Wales in respect of which the circumstances described in grounds 6 or 8 in section 2 of the School Standards and Organisation (Wales) Act 2013 apply, unless— i the person in question began their induction period, or was employed as a graduate teacher or a registered teacher or on an employment-based teacher training scheme, at the school at a time when such circumstances did not apply, or ii one of Her Majesty's Inspectors of Education and Training in Wales has certified in writing that they are satisfied that the school is fit for the purpose of providing induction supervision and training, ... b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The circumstances in which a person may serve an induction period in an independent school in Wales are— a in the case of a person who is employed to teach pupils in years 7 to 11, the curriculum of the school for pupils in those year groups includes all the areas of learning and experience, including the mandatory elements, as defined in section 3 of the 2021 Act, which such person is employed to teach; and b in all cases, the curriculum for all registered pupils in their reception year and in years 1 to 6 includes all the areas of learning and experience, including the mandatory elements, as defined in section 3 of the 2021 Act; and c in all cases, before the start of the induction period the proprietor of the school and either an authority or the persons or body determined by the Welsh Ministers under regulation 5(1)(c) have agreed that the authority or the persons or body, as the case may be, are to act as the appropriate body in relation to the school. 4 A person may not serve an induction period in an FE college in Wales unless before the start of the induction period the governing body of the college and an authority have agreed that the authority are to act as the appropriate body in relation to the college. 5 A person may not serve an induction period in two or more institutions simultaneously unless before the start of the induction period the head teachers of all the institutions have agreed which of them is to act as the lead head teacher. 6 In this regulation, “ induction period ” (“ cyfnod sefydlu ”) includes a part of an induction period. Professional learning that may count towards an induction period 7A A session of professional learning undertaken by a person may count towards that person’s induction period where that session of professional learning is— a undertaken between 26 March 2020 and 31 August 2021, b a minimum of 3 hours (whether consecutive or not), and c approved by the appropriate body. Length of an induction period 8 1 Subject to paragraphs (3), (4) and (8) and (5) , the length of an induction period is to be three school terms (“the three term rule”). 2 For the purpose of calculating the induction period a school term may be either one school term or two half school terms which (disregarding holidays) are consecutive. 3 The three term rule does not apply in the following circumstances— a where an induction period is served at an institution at which a school year does not consist of three school terms; b where an induction period is served by a person in part time service; c where an induction period is served in two or more institutions simultaneously; d where any periods of employment counting towards an induction period consist of a period of less than one school term; ... e where in the opinion of the appropriate body it is not appropriate that it applies ; or f where paragraph (5) applies. f where paragraph (8) applies. 4 The length of an induction period where the three term rule does not apply— a is 380 school sessions where paragraph (3)(d) applies; and b where paragraph (3)(a), (b), (c) or (e) applies , is such length as the appropriate body determines provided that this period is not less than the equivalent of 380 school sessions or 3 school terms. 5 The appropriate body may, with the consent of the person concerned, reduce the length of an induction period which the person is required to serve to a minimum of 110 school sessions if the appropriate body is satisfied that the person has achieved the standards mentioned in section 18 of the 2014 Act. 6 In paragraphs (4) and (5) a “school session” may include a session of professional learning that satisfies the conditions of regulation 7A. 7 The sessions of professional learning that may count as school sessions must not exceed 16% of the total length of an induction period. 8 The appropriate body may, with the consent of the person concerned, reduce the length of the induction period which the person is required to serve to a minimum of one school term or 110 school sessions if the appropriate body is satisfied that the person has achieved the standards mentioned in section 18 of the 2014 Act. Periods of employment counting towards an induction period 9 1 The only periods of employment as a qualified teacher on or after 1 September 2003 but before 1 April 2015 that count towards an induction period are— a a period of employment in an institution in Wales to which regulation 7(1) applies of not less than one school term in duration; b a period of employment in an institution or institutions in Wales to which regulation 7(1) applies of two half school terms which (disregarding holidays) are consecutive; c in the case of an individual teacher a period of employment in an institution in Wales to which regulation 7(1) applies of such other length as the appropriate body considers appropriate; or d a period of employment in a school or FE college in England if it would count towards an induction period under England's Induction Regulations. 2 The only periods of employment as a qualified teacher on or after 1 April 2015 that count towards an induction period are— a a period of employment in an institution in Wales to which regulation 7(1) applies of not less than one school session in duration; b a period of employment in a school or FE college in England if it would count towards an induction period under England's Induction Regulations. Extension of an induction period before completion 10 1 Where a person serving an induction period is absent from work for an aggregate period of thirty or more school days the appropriate body may extend the induction period by the aggregate period of the absences or by any lesser period as it considers appropriate. 2 Where an induction period is extended under England's Induction Regulations and the person serving the induction period becomes employed at an institution in Wales, the induction period is to be treated as having been extended under this regulation. 3 Except as provided for in this regulation an induction period may not be extended before its completion. Service of more than one induction period 11 Except as provided for in regulation 13 or 16, no person may serve more than one induction period. Supervision and training during the induction period 12 1 The head teacher of an institution in Wales in which a person serves an induction period is responsible for the daily supervision and training of that person. 2 The appropriate body in relation to an institution is responsible for the overall supervision and training of a person serving an induction period at that institution. 3 The supervision and training under paragraph (2) must include supervision and training by a person with knowledge of the standards mentioned in section 18 of the 2014 Act. Completion of an induction period 13 1 This regulation applies where a person has completed an induction period if— a at the completion of the induction period, that person is employed at an institution in Wales; or b at the completion of an induction period served in two or more institutions simultaneously, the lead head teacher's institution is in Wales. c at the completion of the induction period, that person has undertaken a session of professional learning referred to in regulation 7A. 2 Within the period of twenty working days beginning with the date on which the induction period was completed, the appropriate body must decide whether the person who has completed an induction period— a has achieved the standards mentioned in section 18 of the 2014 Act and has accordingly satisfactorily completed an induction period; b should have the induction period extended by such period as it determines; or c has failed satisfactorily to complete an induction period. 3 The appropriate body must have regard to any written representation received from the person concerned before making a decision under paragraph (2). 4 The appropriate body must within the period of 10 working days beginning with the date on which it made a decision under paragraph (2)— a send written notice of its decision to— i the person concerned, ii in the case of a relevant school or a FE college, the governing body of the school or college at which the person is employed, iii in the case of an independent school, the proprietor, iv the head teacher of the institution at which the person serving the induction period was employed at the completion of the induction period, v if that person is not employed by the appropriate body, the person's employer (if not entitled to notice under paragraph (ii) or (iii)), and vi the Council, and b if the appropriate body made a decision falling within paragraph (2)(b) or (c), send the person concerned written notice of— i the right to appeal to the Council against the decision, ii the contact details (including the address) for making an appeal to the Council, and iii the time period for making an appeal. 5 Notice under paragraphs (2) and (4) may be given to a person by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and a notice sent by such a method is to be regarded as given when it is received in legible form. Extension of an induction period pursuant to a decision of the appropriate body or the Council 14 1 Regulations 7, 9 to 13, 15 and 16 and Schedule 3 apply in relation to a person serving an induction period extended following its completion by a decision of the appropriate body under regulation 13 or of the Council under regulation 16 as those provisions apply in relation to the initial induction period. 2 Regulations 7, 9 to 13, 15 and 16 and Schedule 3 apply in relation to a person serving an induction period extended, following its completion, under England's Induction Regulations if that person is subsequently employed at an institution in Wales, as those provisions apply in relation to an initial induction period. Termination of employment following failure to complete an induction period satisfactorily 15 1 This paragraph applies to a person employed as a teacher at a relevant school in Wales who has failed satisfactorily to complete an induction period, whether in Wales or England. 2 The employer of a person to whom paragraph (1) applies must secure the termination of that person's employment as a teacher if— a that person does not appeal to the Council against the decision of the appropriate body; or b that person's appeal to the Council, or the appeal body under England's Induction Regulations, is dismissed. 3 The employer must take the steps necessary to secure the termination of a person's employment in the circumstances mentioned in paragraph (2)(a) so that the termination takes effect within the period of ten working days beginning with the date on which— a the employer received written notification from such person that they did not intend to appeal to the Council; or b the time limit for appeal imposed by paragraph 2(1) of Schedule 3 expired. 4 The employer must take the steps necessary to secure the termination of a person's employment in the circumstances mentioned in paragraph (2)(b) so that the termination takes effect within the period of ten working days beginning with the date on which the employer received notice of the outcome of the appeal hearing. 5 The employer of a person— a to whom paragraph (1) applies; and b who appeals to the Council against the decision of the appropriate body or who appeals to the appeal body under England's Induction Regulations, is not obliged to secure the termination of such person's employment as a teacher pending the outcome of the appeal provided such employer secures that the person only undertakes such limited teaching duties as the Welsh Ministers may determine. Appeals 16 1 Schedule 3 has effect in relation to appeals under section 19(1) of the 2014 Act. 2 Where a person appeals against a decision by an appropriate body under regulation 13 to have an induction period extended, the Council may— a allow the appeal; b dismiss the appeal; or c substitute a different period of extension. 3 Where a person appeals against a decision by an appropriate body under regulation 13 that person has failed satisfactorily to complete an induction period, the Council may— a allow the appeal; b dismiss the appeal; or c extend the induction period for such person as it thinks fit. Other functions of the appropriate body 17 The appropriate body may in connection with providing induction training, supervision and assessment under these Regulations provide— a guidance, support and assistance to schools and FE colleges; and b training for teachers. Charges 18 An appropriate body in relation to an independent school or an FE college may make a reasonable charge (not exceeding the cost of provision of the service) to the governing body of a school or an FE college for which it is the appropriate body in connection with any of its functions under these Regulations. Huw Lewis Minister for Education and Skills, one of the Welsh Ministers