Hyperlawhypertext legal database Teaching and Higher Education Act 1998 current to 2026-06-08

UKPGA-1998-30 Teaching and Higher Education Act 1998 UK

Current to 2026-06-08

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I

The teaching profession

The General Teaching Council for Wales: aims and constitution

s. 1 — Aims and constitution of the Council

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Functions of the General Teaching Council for Wales

s. 2 — Advisory functions of the Council.

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s. 3 — Registration of teachers.

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s. 4 — Regulations relating to registration.

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s. 4A — Appeals against refusal of registration

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s. 5 — Code of practice for registered teachers.

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s. 6 — Disciplinary powers of Council in relation to registered teachers.

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s. 6A — Power to promote teaching profession

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s. 7 — Additional and ancillary functions of Council.

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Establishment of The General Teaching Council for Wales

s. 8 — Establishment of The General Teaching Council for Wales.

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Functions of the General Teaching Council for Wales

s. 9 — Functions of General Teaching Council for Wales: general.

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s. 10 — Further functions of General Teaching Council for Wales in relation to teachers.

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Supplementary

s. 11 — Registration requirement for teachers at schools.

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s. 12 — Deduction of fees from salaries, etc.

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s. 13 — Consultation about qualified teacher status.

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s. 14 — Supply of information relating to teachers: general.

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s. 15 — Supply of information following dismissal, resignation, &c.

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s. 15A — Supply of information by contractor, agency, &c.
s. 15A(1)

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

s. 15A(2)

Subsection (4) applies where an agent—

s. 15A(2)(a)

has terminated the arrangements on a ground mentioned in section 15(1A),

s. 15A(2)(b)

might have terminated the arrangements on a ground mentioned in that subsection if the worker had not terminated them, or

s. 15A(2)(c)

might have refrained from making new arrangements for a teacher on a ground mentioned in that subsection if he had not ceased to make himself available for work.

s. 15A(3)

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s. 15A(4)

... The agent shall provide prescribed information to the Council.

s. 15A(5)

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s. 15A(6)

If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.

s. 15A(7)

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s. 15A(8)

A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.

s. 15A(9)

Subsection(5) of section 15 shall apply for the purposes of this section as it applies for the purposes of that section.

The General Teaching Council for Scotland

s. 16 — Duty to have regard to needs of disabled persons.

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s. 17 — Representation of special educational needs teachers on General Teaching Council for Scotland.

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s. 18 — Qualifications of head teachers.

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Induction periods : teachers in Wales

s. 19 — Requirement to serve induction period.

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Inspection of teacher training institutions

s. 20 — Inspection of institutions training teachers for schools.

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s. 21 — Inspection of institutions training teachers for schools: Scotland.

In section 66 of the Education (Scotland) Act 1980 (inspection of educational establishments), after subsection (1A) there shall be inserted—

Part II

Financial provision for higher and further education

Student support

s. 22 — New arrangements for giving financial support to students.
s. 22(1)

Regulations shall make provision authorising or requiring the Secretary of State to make grants or loans, for any prescribed purposes, to eligible students in connection with their undertaking—which are designated for the purposes of this section by or under the regulations.

s. 22(1)(a)

higher education courses, or

s. 22(1)(b)

further education courses,

s. 22(2)

Regulations under this section may, in particular, make provision—

s. 22(2)(a)

for determining whether a person is an eligible student in relation to any grant or loan available under this section;

s. 22(2)(aa)

for the designation of a higher education course for the purposes of this section to be determined by reference to matters determined or published by the Office for Students or other persons (whether before or after the regulations are made);

s. 22(2)(b)

prescribing, in relation to any such grant or loan and an academic year, the maximum amount available to any person for any prescribed purpose for that year;

s. 22(2)(c)

where the amount of any such grant or loan may vary to any extent according to a person’s circumstances, for determining, or enabling the determination of, the amount required or authorised to be paid to him;

s. 22(2)(d)

prescribing categories of attendance on higher education courses or further education courses which are to qualify for any purposes of the regulations;

s. 22(2)(e)

for any grant under this section to be made available on such terms and conditions as may be prescribed by, or determined by the Secretary of State under, the regulations, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined;

s. 22(2)(f)

requiring the making of payments in respect of any such grant to be suspended or terminated in any such circumstances;

s. 22(2)(fa)

in the case of a grant under this section in connection with a higher education course, where a payment has been so suspended, for the cancellation of any entitlement to the payment in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations;

s. 22(2)(g)

prescribing requirements or other provisions, whether as to repayment or otherwise, which are for the time being to apply in relation to loans under this section (including requirements or other provisions taking effect during the currency of such loans so as to add to, or otherwise modify, those for the time being applying in relation to the loans);

s. 22(2)(h)

authorising grants in respect of fees payable in connection with attendance on courses to be paid directly to institutions charging the fees;

s. 22(2)(i)

requiring prescribed amounts payable to eligible students under loans under this section to be paid directly to institutions to whom those persons are liable to make payments;

s. 22(2)(j)

modifying any enactment or instrument (whenever passed or made) so as to provide for the treatment, in connection with any calculation with respect to the income (however defined) of persons to whom grants or loans are made under this section, of amounts due from or payable to such persons under such grants or loans;

s. 22(2)(k)

for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals).

s. 22(2A)

The provision which may be made by virtue of subsection (2)(b) in respect of higher education courses includes provision prescribing the maximum amount by reference to matters determined or published by the Secretary of State or other persons (whether before or after the regulations are made).

s. 22(3)

The provision which may be made by virtue of subsection (2)(g) in relation to loans under this section includes provision—

s. 22(3)(a)

for such loans to bear compound interest at such rates, and calculated in such manner, as may be prescribed from time to time;

s. 22(3)(b)

for such loans to be repaid in such manner, at such times, and to such person or body as may be prescribed from time to time;

s. 22(3)(c)

for the payment, in respect of amounts overpaid by borrowers, of interest at such rate, and calculated in such manner, as may be determined by the Secretary of State from time to time;

s. 22(3)(d)

for a borrower not to be liable to make any repayment in respect of such a loan—including provision for the cancellation of any further such liability of the borrower in any such circumstances;

s. 22(3)(d)(i)

during such period as may be prescribed from time to time, or

s. 22(3)(d)(ii)

in such circumstances as may be so prescribed,

s. 22(3)(da)

in the case of a loan under this section in connection with a higher education course, for the cancellation of the entitlement of a borrower to receive a sum under such a loan in such circumstances as may be prescribed by, or determined by the person making the regulations under, the regulations where the payment of the sum has been suspended;

s. 22(3)(e)

with respect to sums which a borrower receives, or is entitled to receive, under such a loan after the commencement of his bankruptcy or the date of the sequestration of his estate.

s. 22(3)(f)

with respect to the effect of bankruptcy upon a borrower’s liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after the commencement of the bankruptcy);

s. 22(3)(g)

with respect to sums which a borrower receives, or is entitled to receive, under such a loan before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the borrower;

s. 22(3)(h)

excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the borrower).

s. 22(4)

In relation to loans under this section—

s. 22(4)(a)

the rates prescribed by regulations made in pursuance of subsection (3)(a) must be—

s. 22(4)(a)(i)

lower than those prevailing on the market, or

s. 22(4)(a)(ii)

no higher than those prevailing on the market, where the other terms on which such loans are provided are more favourable to borrowers than those prevailing on the market; and

s. 22(4)(b)

such regulations may make provision, for the purpose of calculating the interest to be borne by such loans, for repayments by borrowers to be treated as having been made or received on such date or dates as may be prescribed by the regulations.

s. 22(5)

Regulations under this section may also make such provision as the Secretary of State considers necessary or expedient in connection with the recovery of amounts due from borrowers under loans under this section, including provision for—

s. 22(5)(a)

imposing on employers, or (as the case may be) such other persons or bodies as may be prescribed, requirements with respect to—

s. 22(5)(a)(i)

the making of deductions in respect of amounts so due (or, in any prescribed circumstances, amounts assessed in accordance with the regulations to be so due) from emoluments payable to borrowers,

s. 22(5)(a)(ii)

the collection by other means of such amounts,

s. 22(5)(a)(iii)

the transmission of amounts so deducted or collected to the Secretary of State in accordance with directions given by him;

s. 22(5)(b)

imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to the keeping and production of records for such purposes as may be prescribed;

s. 22(5)(c)

imposing on borrowers requirements with respect to—relating to their income as may be prescribed;

s. 22(5)(c)(i)

the provision of such information, and

s. 22(5)(c)(ii)

the keeping and production of such documents and records,

s. 22(5)(d)

requiring the payment, by persons or bodies to whom requirements imposed in pursuance of any of paragraphs (a) to (c) apply, of—

s. 22(5)(d)(i)

penalties in cases of non-compliance with, or otherwise framed by reference to, such requirements, and

s. 22(5)(d)(ii)

interest in respect of periods when such penalties are due but unpaid;

s. 22(5)(e)

requiring the payment by borrowers, in respect of periods when amounts due under their loans are unpaid, of—

s. 22(5)(e)(i)

interest (applied to such amounts at a rate calculated otherwise than in accordance with subsection (4)(a)), or

s. 22(5)(e)(ii)

both such interest and one or more surcharges (together with further interest in respect of periods when such surcharges are due but unpaid);

s. 22(5)(f)

enabling the Secretary of State to require the reimbursement by borrowers of costs or expenses of any prescribed description incurred by him in connection with the recovery of unpaid amounts;

s. 22(5)(g)

applying or extending with or without modification, for purposes connected with the recovery of amounts under regulations made by virtue of this subsection, any of the provisions of the Taxes Acts or of PAYE regulations;

s. 22(5)(h)

determining the priority as between deductions falling to be made by virtue of paragraph (a)(i) and deductions falling to be made, from emoluments payable to borrowers, by virtue of other enactments (whenever passed).

s. 22(6)

In subsection (5)—

s. 22(6)(a)

“employers” means persons who make payments of, or on account of, PAYE income, and

s. 22(6)(b)

“the Taxes Acts” has the same meaning as in the Taxes Management Act 1970.

s. 22(7)

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s. 22(8)

For the purposes of subsection (4)(a)... the Secretary of State shall have regard to such index of prices as may be specified in, or determined in accordance with, regulations under this section.

s. 22(9)

In subsection (4)(a) “the specified rate for low interest loans” means the rate for the time being specified by article 60G(3)(d) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001

s. 22(10)

Interest required to be paid, by virtue of subsection (5)(d), by regulations under this section shall be paid without any deduction of income tax and shall not be taken into account in computing any income, profits or losses for any tax purposes.

s. 23 — Transfer or delegation of functions relating to student support.
s. 23(1)

If the Secretary of State so determines, any function exercisable by him by virtue of regulations under section 22 shall, to such extent as is specified in his determination, be exercisable instead by such body as is so specified which is either—

s. 23(1)(a)

a local authority ..., or

s. 23(1)(b)

the governing body of an institution with which eligible students (within the meaning of such regulations) are undertaking courses.

s. 23(2)

A body by whom any function is for the time being exercisable by virtue of subsection (1) shall comply with any directions given by the Secretary of State as to the exercise of that function.

s. 23(3)

Where any function is so exercisable by a local authority, the functions shall be taken to be a function of that authority for the purposes of—

s. 23(3)(a)

in the case of an authority which is not operating executive arrangements, section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities),

s. 23(3)(b)

section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities), and

s. 23(3)(c)

in the case of an authority which is operating executive arrangements, section 13 of the Local Government Act 2000 and accordingly—

s. 23(3)(c)(i)

if, or to the extent that, that function is the responsibility of the executive of that authority sections 14 to 16 and any regulations made under sections 17 to 20 of that Act shall apply; or

s. 23(3)(c)(ii)

if, or to the extent that, that function is not the responsibility of that executive section 101 of the Local Government Act 1972 shall apply

s. 23(4)

The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 22 (including any such function in relation to appeals).

s. 23(5)

Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.

s. 23(6)

The Secretary of State may make provision for enabling appeals—

s. 23(6)(a)

to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (4) as he may determine, and

s. 23(6)(b)

to be so made to a person or body appointed by him for the purpose.

s. 23(7)

The Secretary of State may pay to any body or person by whom any function is exercisable by virtue of subsection (1) or (4)—

s. 23(7)(a)

such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person—in, or in connection with, the exercise of that function;

s. 23(7)(a)(i)

in making grants or loans under section 22, or

s. 23(7)(a)(ii)

by way of administrative expenses,

s. 23(7)(b)

in a case where the function is exercisable by virtue of subsection (4), such remuneration as he may determine.

s. 23(8)

Any payment under subsection (7)(a) may be made subject to such terms and conditions as the Secretary of State may determine; and any such conditions may in particular—

s. 23(8)(a)

require the provision of returns or other information before any such payment is made;

s. 23(8)(b)

relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

s. 23(9)

The Secretary of State may pay to any person or body appointed by him under subsection (6) such remuneration or administrative expenses (or both) as he may determine.

s. 23(10)

In relation to any function which, by virtue of subsection (1) or (4), is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.

s. 23(11)

In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.

s. 24 — Supply of information in connection with student loans support.
s. 24(1)

This section applies to any information which is held—

s. 24(1)(a)

by the Commissioners of Inland Revenue, or

s. 24(1)(b)

by a person providing services to those Commissioners and in connection with the provision of those services.

s. 24(2)

Information to which this section applies may be supplied to—for the purpose of enabling or assisting the recipient to exercise any function in connection with the operation of the student loans scheme.

s. 24(2)(a)

the Secretary of State , the Welsh Ministers or the Department of Education for Northern Ireland,

s. 24(2)(b)

any person or body acting on behalf of the Secretary of State , the Welsh Ministers or that Department under the delegation of functions provisions, or

s. 24(2)(c)

any authority or governing body by whom any function of the Secretary of State , the Welsh Ministers or that Department is for the time being exercisable to any extent by virtue of the transfer of functions provisions,

s. 24(2A)

Information to which this section applies may also be supplied to—for the purpose of enabling or assisting the recipient to exercise any function in connection with regulations under section 22 so far as having effect in relation to grants under that section.

s. 24(2A)(a)

the Welsh Ministers,

s. 24(2A)(b)

any person or body acting on behalf of the Welsh Ministers under section 23(4), or

s. 24(2A)(c)

any authority or governing body by whom any function of the Welsh Ministers is for the time being exercisable to any extent by virtue of section 23(1),

s. 24(3)

Information supplied under subsection (2) or (2A) shall not be supplied by the recipient to any other person or body unless it is supplied—

s. 24(3)(a)

to a person or body to whom it could be supplied under that subsection, or

s. 24(3)(b)

for the purposes of any civil or criminal proceedings arising out of—

s. 24(3)(b)(i)

the student loans scheme, or

s. 24(3)(b)(ii)

regulations under section 22 so far as having effect in relation to grants made in pursuance of the Welsh Ministers' functions under that section.

s. 24(4)

Subsections (2) , (2A) and (3) extend only to the supply of information by or under the authority of the Commissioners of Inland Revenue.

s. 24(5)

This section does not limit the circumstances in which information may be supplied apart from this section.

s. 24(6)

In this section—

s. 24(6)(a)

“the delegation of functions provisions” means section 23(4) of this Act or section 73A(3) of the Education (Scotland) Act 1980;

s. 24(6)(b)

“the transfer of functions provisions” means section 23(1) of this Act or section 73A(1) of that Act; and

s. 24(6)(c)

“the student loans scheme” means the provisions of—and in this subsection any reference to a provision of this Act includes a reference to any corresponding Northern Ireland legislation.

s. 24(6)(c)(i)

regulations under section 22 of this Act so far as having effect in relation to loans under that section, or

s. 24(6)(c)(ii)

regulations under section 73(f) of that Act made with respect to loans;

s. 24(7)

Where the Commissioners for Her Majesty's Revenue and Customs provide information to a person under this Act, section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful disclosure) shall apply to the disclosure of the information by the person as it applies to the disclosure of information in contravention of a provision of that Act.

s. 24(8)

But section 19 shall not apply to disclosure—

s. 24(8)(a)

in accordance with this section,

s. 24(8)(b)

in accordance with another enactment, or

s. 24(8)(c)

in circumstances specified in section 18(2)(c), (d), (e) or (h) of that Act.

s. 24(9)

In subsection (7)—

s. 24(9)(a)

information provided to a person (P) shall be treated as being provided both to P and to any person on whose behalf P acts or by whom P is employed,

s. 24(9)(b)

information provided to a person (P) and disclosed by P to another person (P2) in accordance with this section shall be treated as being provided also to P2 (and to any person on whose behalf P2 acts or by whom P2 is employed), and

s. 24(9)(c)

the reference to disclosure by the person to whom information was provided (P) includes a reference to disclosure by any person acting on behalf of, or employed by, P (or a person to whom it is treated as being provided by virtue of paragraph (a) or (b)).

s. 24(10)

In the application of section 18(2)(c) and (d) of that Act by virtue of subsection (8)(c) above a reference to functions of the Revenue and Customs shall be taken as a reference to functions of the person making the disclosure in connection with student grants or loans.

s. 24(11)

In the application of section 19 of that Act by virtue of subsection (7) above “revenue and customs information” means information provided by the Commissioners (but subject to the express exclusion in section 19(2)).

s. 25 — Transitional arrangements.
s. 25(1)

Regulations may make provision—

s. 25(1)(a)

for any function which is or may be conferred under or by virtue of a relevant enactment—to such extent as is so specified;

s. 25(1)(a)(i)

to transfer to, or otherwise be exercisable by, the designated person or body, or

s. 25(1)(a)(ii)

to be replaced by such function exercisable by the designated person or body as is specified in the regulations,

s. 25(1)(b)

for any function exercisable by the designated person or body by virtue of paragraph (a)(i) to be exercisable in such modified form as is so specified;

s. 25(1)(c)

for the transfer to the designated person or body of rights or liabilities arising under or by virtue of any relevant enactment;

s. 25(1)(d)

for any such enactment to have effect with such modifications as are so specified;

s. 25(1)(e)

imposing on persons or bodies of any description so specified requirements with respect to the transfer and preservation of records.

s. 25(2)

In this section “the designated person or body” means the Secretary of State or such other person or body as may be designated for the purpose by regulations under this section.

s. 25(3)

In this section “relevant enactment” means any enactment contained in—so far as that enactment continues in force by virtue of any savings made, in connection with its repeal by this Act, by an order under section 46(4).

s. 25(3)(a)

the Education Act 1962,

s. 25(3)(b)

section 3 of the Education Act 1973, or

s. 25(3)(c)

the Education (Student Loans) Act 1990,

s. 25(4)

The Secretary of State shall, not later than six months after the passing of this Act, appoint an independent body to review the arrangements for England and Wales relating to the payment of grants in respect of fees payable in connection with attendance on the final honours year of first degree courses at higher education institutions in Scotland.

s. 25(5)

The Secretary of State shall invite—to make representations to the body established under subsection (4); and the report of that body shall be laid before each House of Parliament not later than 1st April 2000.

s. 25(5)(a)

the Scottish higher education principals,

s. 25(5)(b)

the Committee of Vice-Chancellors and Principals, and

s. 25(5)(c)

such other bodies as he considers appropriate,

s. 25(6)

If that body recommends that the arrangements referred to in subsection (4) should be modified in accordance with this subsection, the Secretary of State may modify those arrangements so as to secure that they are no less favourable than the arrangements made by regulations under section 73(f) of the Education (Scotland) Act 1980 for the payment of allowances in respect of fees payable as mentioned in subsection (4).

s. 25(7)

In subsections (4) and (6) any reference to the arrangements for England and Wales is a reference to arrangements made either under the Education Act 1962 or under section 22 of this Act.

Student fees

s. 26 — Imposition of conditions as to fees at further or higher education institutions.

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Higher education funding

s. 27 — Expenditure eligible for funding.

Section 65 of the Further and Higher Education Act 1992 (administration of funds by Higher Education Funding Councils) shall have effect, and be deemed always to have had effect, with the insertion of the following subsections after subsection (3)—

Supplementary

s. 28 — Interpretation of Chapter I.
s. 28(1)

In this Chapter—...“further education course” and “higher education course” have the meaning given by regulations under section 22;...

s. 28(2)

Regulations under section 22 may provide for courses provided wholly or partly outside the United Kingdom to be further education courses or (as the case may be) higher education courses for the purposes of this Chapter.

s. 28A — Modules of courses: modification of Chapter in relation to powers of the Secretary of State
s. 28A(1)

Section 22 has effect, so far as it confers power exercisable by the Secretary of State, as if—

s. 28A(1)(a)

in subsection (1), after paragraph (b) there were inserted;

s. 28A(1)(b)

in subsections (2) to (3) and (4B), references to a higher education course or further education course (however expressed) included references to a module of such a course;

s. 28A(1)(c)

in subsection (2), after paragraph (b) there were inserted—;

s. 28A(1)(d)

in subsection (2), after paragraph (c) there were inserted—;

s. 28A(1)(e)

after that subsection, there were inserted—;

s. 28A(1)(f)

after subsection (2A) there were inserted—

s. 28A(2)

Section 23 has effect, so far as it relates to a function exercisable by virtue of regulations under section 22 made by the Secretary of State, as if the reference in subsection (1)(b) to courses included a reference to modules of higher education courses or further education courses.

s. 28A(3)

Section 28(2) has effect, so far as it confers power exercisable by the Secretary of State, as if—

s. 28A(3)(a)

after “courses” in the first place where it occurs there were inserted“or modules”;

s. 28A(3)(b)

after “higher education courses” there were inserted“or modules of such courses”.

s. 29 — Grants and loans: Scotland.
s. 29(1)

In section 73 of the Education (Scotland) Act 1980 (power of Secretary of State to make grants and loans), in paragraph (f), after the word “allowances” there shall be inserted the words “ or loans ”.

s. 29(2)

After that section there shall be inserted—

s. 30 — Supply of information in connection with student loans: Scotland.

After section 73D of the Education (Scotland) Act 1980 there shall be inserted—

s. 31 — Imposition of conditions as to fees at further and higher education institutions in Scotland.
s. 31(1)

In section 10 of the Further and Higher Education (Scotland) Act 1992 (payment of grants to Funding Council), after subsection (2) there shall be inserted—

s. 31(2)

In section 42 of that Act (grants in relation to higher education), after subsection (3) there shall be inserted—

Part III

Right to time off for study or training

s. 32 — Right of young persons to time off for study or training.

After section 63 of the Employment Rights Act 1996 there shall be inserted—

s. 33 — Further provisions as to time off for study or training.

After the section 63A inserted in the Employment Rights Act 1996 by section 32 there shall be inserted—

Part IV

Miscellaneous and general

Inspection of vocational training, etc: Wales

s. 34 — Inspection of vocational training by Her Majesty’s chief inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
s. 34(1)

This section applies to training leading to an external qualification which is provided in Wales in pursuance of arrangements made by the Secretary of State under section 2(2)(f) of the Employment and Training Act 1973.

s. 34(2)

The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing training to which this section applies to be inspected under this section.

s. 34(3)

A request by the Secretary of State under this section may relate to one or more such persons, and shall specify—

s. 34(3)(a)

the person or persons concerned, and

s. 34(3)(b)

the form or forms of vocational training to which the inspection is to relate.

s. 34(4)

Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

s. 34(5)

Any inspection under this section shall be conducted by one or more of the following, namely—but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

s. 34(5)(a)

any of Her Majesty’s Inspectors of Schools in Wales, or

s. 34(5)(b)

any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;

s. 34(6)

In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instructions or guidelines given from time to time by the Secretary of State.

s. 34(7)

Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection, and shall send the report to the Secretary of State.

s. 34(8)

The Secretary of State may arrange for any report of an inspection under this section to be published in such manner as he considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the Secretary of State as they apply in relation to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).

s. 34(9)

In this section—“the Chief Inspector” means Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru;“external qualification” means a vocational qualification awarded or authenticated by such person or body as may be specified in or under regulations.

s. 35 — Inspection of careers services by Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

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s. 35A — Inspection of other careers services etc. in Wales.

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Funding Councils: England, Wales and Scotland

s. 36 — Power of funding councils in England and Wales to secure provision of certain further education.
s. 36(1)

Section 3 of the Further and Higher Education Act 1992 (functions with respect to part-time education and full-time education for those over 18) shall be amended as follows.

s. 36(2)

For subsection (3) there shall be substituted—

s. 36(3)

In subsection (5), for “to which subsection (1) above applies” there shall be substituted “ within paragraph (a) or (b) of subsection (1) above ”.

s. 37 — Joint exercise of functions of funding councils in Scotland.

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s. 38 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further and higher education institutions: England and Wales

s. 39 — Unauthorised use of “university” in title of educational institution, etc.
s. 39(A1)

A relevant institution in England must not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—

s. 39(A1)(a)

authorised by or by virtue of any Act or Royal Charter, or

s. 39(A1)(b)

approved by the Office for Students for the purposes of this section.

s. 39(1)

A relevant institution in ... Wales shall not, when making available (or offering to make available) educational services, do so under a name which includes the word “university” unless the inclusion of that word in that name is—

s. 39(1)(a)

authorised by or by virtue of any Act or Royal Charter, or

s. 39(1)(b)

approved by the Privy Council for the purposes of this section.

s. 39(2)

A person carrying on a relevant institution in England or a relevant institution in Wales shall not, when making available (or offering to make available) educational services through the institution, use with reference either to himself or the institution a name which includes the word “university” unless the inclusion of that word in that name is authorised or approved as mentioned in subsection (A1) or (1).

s. 39(3)

Subsection (A1), (1) or (2) applies where the educational services are made available, or (as the case may be) the offer to make such services available is made, in any part of the United Kingdom.

s. 39(4)

For the purposes of subsection (A1), (1) or (2) the inclusion of the word “university” in any name shall not be taken to be authorised by or by virtue of a Royal Charter relating to a university by reason of any provision of the Charter with respect to—

s. 39(4)(a)

the affiliation or association of other institutions to the university, or

s. 39(4)(b)

the accreditation by the university of educational services provided by other institutions.

s. 39(5)

In approving the inclusion of the word “university” in any name for the purposes of this section the Office for Students and the Privy Council shall have regard to the need to avoid names which are or may be confusing.

s. 39(5A)

In exercising its power to give approval under subsection (A1) or (2), the Office for Students must have regard to factors set out in guidance given by the Secretary of State.

s. 39(5B)

Before giving guidance under subsection (5A), the Secretary of State must consult—

s. 39(5B)(a)

bodies representing the interests of English higher education providers,

s. 39(5B)(b)

bodies representing the interests of students on higher education courses provided by English higher education providers, and

s. 39(5B)(c)

such other persons as the Secretary of State considers appropriate.

s. 39(5C)

The power of the Office for Students under subsection (A1) or (2) is not exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.

s. 39(5D)

But that does not prevent the power of the Office for Students under subsection (A1) or (2) being exercisable where the inclusion of the word “university” in the name in question has approval, or may require approval, under section 55 or 1194 of the Companies Act 2006.

s. 39(5E)

Where approval is given by the Office for Students under subsection (A1) or (2) in such a case, that does not affect any requirement for approval under section 55 or 1194 of the Companies Act 2006.

s. 39(6)

The Privy Council’s power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word “university” in the name in question may be authorised by virtue of any other Act or any Royal Charter.

s. 39(7)

In this section—“English higher education provider” and “higher education course” have the same meaning as in Part 1 of the Higher Education and Research Act 2017 (see section 83 of that Act);“relevant institution in England” means a registered higher education provider as defined by section 85 of the Higher Education and Research Act 2017;“relevant institution in Wales” means—“university”, in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.

s. 39(7)(a)

an institution in Wales within the further education sector as defined by section 91(3) of the Further and Higher Education Act 1992, or

s. 39(7)(b)

an institution in Wales within the higher education sector as defined by section 91(5) of that Act;

s. 39(8)

For the purposes of this section, an institution is in England or is in Wales if the institution's activities are carried on, or principally carried on, in England or, as the case may be, in Wales.

s. 40 — University college, etc., not to be treated as university.

At the end of section 77(4) of the Further and Higher Education Act 1992 (use of “university” in title of institution), there shall be added “ , unless in that name that word is immediately followed by the word “college” or “collegiate”. ”

s. 41 — Charitable status of further and higher education corporations.

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General

s. 42 — Orders and regulations.
s. 42(1)

Any power of the Secretary of State to make an order or regulations under this Act shall be exercised by statutory instrument.

s. 42(2)

A statutory instrument containing—shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 42(2)(a)

an order under section 7 or 8 or paragraph 18 of Schedule 1, or

s. 42(2)(b)

(subject to the following provisions of this section) any regulations under this Act,

s. 42(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 42(4)

Subsection (2) does not apply to the first regulations to be made under section 22; and no such regulations shall be made (whether alone or with other regulations) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

s. 42(5)

That subsection also does not apply to—

s. 42(5)(a)

any regulations in relation to which paragraph (b) of section 22(7) applies, or

s. 42(5)(b)

any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.

s. 42(5)

That subsection also does not apply to any other regulations under section 22 a draft of which has been laid before, and approved by a resolution of, each House of Parliament.

s. 42(6)

Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

s. 42(7)

Any order or regulations under this Act may make different provision in relation to England and Wales respectively.

s. 42(8)

Nothing in this Act shall be read as affecting the generality of subsection (6).

s. 42(9)

... The Secretary of State shall, before making regulations under Chapter I of Part I of this Act, consult the Council ....

s. 43 — General interpretation.
s. 43(1)

In this Act—“the Council” means the body corporate referred to in section 1(1);“functions” includes powers and duties;“local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);“modifications” includes additions, alterations and omissions, and “modify” shall be construed accordingly;“prescribed” means prescribed by regulations;“registered teacher” means (subject to paragraph 8 of Schedule 2) a person for the time being registered under section 3 with full or provisional registration;“regulations” means regulations made by the Secretary of State under this Act.

s. 43(2)

In the following provisions of this Act, namely—“employer”, in relation to a teacher, includes a local authority, governing body or other person who engage (or make arrangements for the engagement of) that person to provide his services as a teacher otherwise than under a contract of employment, and “employed”, “employment” and any expressions relating to the termination of employment shall be construed accordingly.

s. 43(2)(a)

sections 12, 15 and 19, and

s. 43(2)(b)

Schedule 2,

s. 44 — Minor and consequential amendments and repeals.
s. 44(1)

The minor and consequential amendments set out in Schedule 3 shall have effect.

s. 44(2)

The enactments specified in Schedule 4 are repealed to the extent specified.

s. 45 — Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 22 to 26 and 28 or sections 32 and 33—

s. 45(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

s. 45(b)

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 46 — Short title, commencement and extent.
s. 46(1)

This Act may be cited as the Teaching and Higher Education Act 1998.

s. 46(2)

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

s. 46(3)

In this Act—sections 22 to 31, sections 42 and 43, section 45, and this section, come into force on the day on which this Act is passed.

s. 46(4)

The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.

s. 46(5)

Subject to subsections (6) to (9), this Act extends to England and Wales only.

s. 46(6)

The following provisions extend to Scotland only—sections 16 and 17, section 21, sections 29 and 30, except that subsections (3) and (11) of section 73B, and section 73A so far as relating to any function exercisable by virtue of those subsections, of the Education (Scotland) Act 1980 (which are inserted by section 29) shall also extend to England and Wales and Northern Ireland, section 31, and sections 37 and 38.

s. 46(7)

The following provisions also extend to Scotland—section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e) or (5) of that section, section 23 so far as relating to any function exercisable by virtue of any provision so authorised, sections 32 and 33, section 39, section 42, and this section.

s. 46(8)

The following provisions extend to Northern Ireland—section 22 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(e), (f), (g) or (h) or (5) of that section, section 23 so far as relating to any function exercisable by virtue of any provision so authorised, section 39, section 45, and this section.

s. 46(9)

The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

Sch 1

General Teaching Council for Wales

Status of Council

Sch 1 para 1

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Powers

Sch 1 para 2

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Chairman and members of Council

Sch 1 para 3

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Salaries, allowances, pensions and other payments

Sch 1 para 4

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Staff

Sch 1 para 5

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Sch 1 para 6

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Sch 1 para 7

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Finance

Sch 1 para 8

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Committees

Sch 1 para 9

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Delegation of functions

Sch 1 para 10

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Proceedings

Sch 1 para 11

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Sch 1 para 12

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Sch 1 para 13

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Accounts

Sch 1 para 14

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Annual reports

Sch 1 para 15

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Application of seal and proof of instruments

Sch 1 para 16

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Sch 1 para 17

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Sch 1 para 18 — Power to amend Schedule

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Sch 2

Disciplinary powers of Council

Investigation, hearing and determination of disciplinary cases

Sch 2 para 1

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Disciplinary orders: general

Sch 2 para 2

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Conditional registration orders

Sch 2 para 3

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Suspension orders

Sch 2 para 4

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Prohibition orders

Sch 2 para 5

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Appeals against disciplinary orders

Sch 2 para 6

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Supplementary provisions

Sch 2 para 7

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Interpretation

Sch 2 para 8

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Sch 3

Minor and consequential amendments

Public Records Act 1958 (c.51)

Sch 3 para 1

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part II of the Table at the end of paragraph 3 (organisations whose records are public records), insert at the appropriate places—

Superannuation Act 1972 (c.11)

Sch 3 para 2

In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply), in the list of “Other Bodies”, insert at the appropriate places—

House of Commons Disqualification Act 1975 (c.24)

Sch 3 para 3

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) insert at the appropriate places—

Education (Scotland) Act 1980 (c.44)

Sch 3 para 4

In section 133 of the Education (Scotland) Act 1980 (regulations)—

Sch 3 para 4(a)

in subsection (2), at the beginning insert “ Subject to subsections (2A) and (2B) below, ”; and

Sch 3 para 4(b)

after subsection (2) insert—

Education (Fees and Awards) Act 1983 (c.40)

Sch 3 para 5

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Education Reform Act 1988 (c.40)

Sch 3 para 6

In section 232(6) of the Education Reform Act 1988 (orders and regulations: provision for Wales) omit “other than section 218(1)(b) or (c), (5) or (6)”.

Further and Higher Education Act 1992 (c.13)

Sch 3 para 7

In section 17 of the Further and Higher Education Act 1992 (“further education corporation” and “operative date”), at the end of subsection (1) add “or which has become a further education corporation by virtue of section 47 of this Act”.

Sch 3 para 8

In section 90(3) of that Act (interpretation), after “ “university”” insert “ (except where the context otherwise requires) ”.

Charities Act 1993 (c.10)

Sch 3 para 9

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Employment Rights Act 1996 (c.18)

Sch 3 para 10

After section 47 of the Employment Rights Act 1996 insert—

Sch 3 para 11

In section 48 of that Act (complaints to employment tribunals)—

Sch 3 para 11(a)

in subsection (1) for “46 or 47” substitute “ 46, 47 or 47A ”; and

Sch 3 para 11(b)

at the end insert—

Sch 3 para 12

In section 58 of that Act (right to time off for occupational pension scheme trustees), at the end of subsection (3) add

Sch 3 para 13

In section 104 of that Act (assertion of statutory right) at the end insert—

Sch 3 para 14

In section 225 of that Act (rights during employment), after subsection (4) insert—

Education Act 1996 (c.56)

Sch 3 para 15

In section 578 of the Education Act 1996 (meaning of “the Education Acts”), insert at the appropriate place—.

Sch 4

Repeals

s. 23 — Transfer or delegation of functions relating to student support.
s. 23(1)

If the Secretary of State so determines, any function exercisable by him by virtue of regulations under section 22 shall, to such extent as is specified in his determination, be exercisable instead by such body as is so specified which is either—

s. 23(1)(a)

a local authority ..., or

s. 23(1)(b)

the governing body of an institution with which eligible students (within the meaning of such regulations) are undertaking courses.

s. 23(2)

A body by whom any function is for the time being exercisable by virtue of subsection (1) shall comply with any directions given by the Secretary of State as to the exercise of that function.

s. 23(3)

Where any function is so exercisable by a local authority, the function shall be taken to be a function of that authority for the purposes of—

s. 23(3)(a)

section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), and

s. 23(3)(b)

section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities).

s. 23(4)

The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of regulations under section 22 (including any such function in relation to appeals).

s. 23(5)

Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.

s. 23(6)

The Secretary of State may make provision for enabling appeals—

s. 23(6)(a)

to be made with respect to such matters arising out of the exercise by any person or body of any function by virtue of subsection (1) or (4) as he may determine, and

s. 23(6)(b)

to be so made to a person or body appointed by him for the purpose.

s. 23(7)

The Secretary of State may pay to any body or person by whom any function is exercisable by virtue of subsection (1) or (4)—

s. 23(7)(a)

such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person—in, or in connection with, the exercise of that function;

s. 23(7)(a)(i)

in making grants or loans under section 22, or

s. 23(7)(a)(ii)

by way of administrative expenses,

s. 23(7)(b)

in a case where the function is exercisable by virtue of subsection (4), such remuneration as he may determine.

s. 23(8)

Any payment under subsection (7)(a) may be made subject to such terms and conditions as the Secretary of State may determine; and any such conditions may in particular—

s. 23(8)(a)

require the provision of returns or other information before any such payment is made;

s. 23(8)(b)

relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

s. 23(9)

The Secretary of State may pay to any person or body appointed by him under subsection (6) such remuneration or administrative expenses (or both) as he may determine.

s. 23(10)

In relation to any function which, by virtue of subsection (1) or (4), is exercisable to a specified extent, references in any other provision of this section to the exercise of that function are accordingly to its exercise to that extent.