Statutory Instruments
EDUCATION, ENGLAND
Made
8th August 2000
Laid before Parliament
9th August 2000
Coming into force
1st September 2000
In exercise of the powers conferred on the Secretary of State by sections 19 and 42 (6) and (7) of the Teaching and Higher Education Act 1998 (1) the Secretary of State for Education and Employment hereby makes the following Regulations:
1. These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Amendment No. 3) (England) Regulations 2000 and shall come into force on 1st September 2000.
2. The Education (Induction Arrangements for School Teachers) (England) Regulations 1999(2) shall be amended as follows.
3. In regulation 2(1)-
(a)the following definitions shall be inserted in the appropriate positions-
""governing body" in relation to a sixth form college has the same meaning as in section 90 (1) of the Further and Higher Education Act 1992 (3);
"head teacher" includes the principal of a sixth form college;
"institution" means a relevant school, an independent school or a sixth form college in which an induction period may be served under these Regulations, as the context requires;
"school term" includes a term of a sixth form college;
"school year" includes the academic year of a sixth form college;
"sixth form college" means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;"; and
(b)the definition of "school day" shall be deleted.
4. In regulation 4-
(a)in sub-paragraph (b) "and" shall be deleted at the end;
(b)in sub-paragraph (c) "and" shall be inserted at the end; and
(c)the following sub-paragraph shall be inserted after sub-paragraph (c)-
"(d)the appropriate body in relation to a sixth form college is an authority.".
5. In regulation 6 "or sixth form college" shall be inserted after "in a school".
6. In regulation 7-
(a)in paragraph (1) "or" shall be inserted at the end of sub-paragraph (b), and the following sub-paragraph shall be inserted after sub-paragraph (b)-
"(c)in the circumstances prescribed in paragraph (3A) a sixth form college."; and
(b)the following paragraph shall be inseted after paragraph (3)-
"(3A) A person may serve an induction period in a sixth form college where-
(a)before the start of the induction period, or
(b)in the case of an induction period starting before 1st November 2000, before 1st November 2000,
the governing body of the college and an authority have agreed that the authority shall act as the appropriate body in relation to the college.".
7. In regulation 8-
(a)in paragraph (1) there shall be substituted for the words "or schools" each time they occur in sub-paragraphs (a) to (c) ", a sixth form college or in two or more such institutions";
(b)in paragraph (2) "in a school, or in two or more schools" shall be inserted after "as a teacher";
(c)the following paragraph shall be inserted after paragraph (2)-
"(2A) The length of an induction period for a person in part-time service as a teacher in a sixth form college, in two or more sixth form colleges or in a combination of one or more schools and sixth form colleges is the period of time it would take in accordance with his contract of employment or the terms of his engagement for him to complete 189 working days falling in term time.";
(d)in paragraph (3)(a), "(2) or (2A)" shall be substituted for "or (2)"; and
(e)the following paragraphs shall be inserted after paragraph (3)-
"(4) Where a person serving an induction period is employed in two or more schools simultaneously, the length of his induction period shall be determined in accordance with regulation 8(2).
(5) Where a person serving an induction period is employed in two or more sixth form colleges simultaneously or in a combination of one or more schools or sixth form colleges simultaneously, the length of his induction served shall be determined in accordance with regulation 8(2A).".
8. In regulation 9-
(a)the following paragraph shall be inserted after paragraph (1)-
"(1A) Subject to paragraph (2) any period of employment on or after 1st September 2000 as a qualified teacher in a sixth form college to which regulation 7(1) applies of not less than one term in duration counts towards an induction period.";
(b)in paragraph (2) "or sixth form college" shall be inserted after "school"; and
(c)in paragraph (3) "or (1A)" shall be inserted after "paragraph (1)".
9. In regulation 10-
(a)In paragraph (1) "working days falling in term time" shall be substituted for "school days";
(b)in paragraph (2) "regulation 7(1) of the Maternity and Parental Leave etc. Regulations 1999" shall be substituted for "section 73 of the Employment Rights Act 1996"; and
(c)in paragraph (3)(b) "or (2A)" shall be inserted after "regulation 8(2)."
10. In regulation 12(1) "or sixth form college" shall be inserted after "school" each time it occurs.
11. The following regulation shall be inserted after regulation 12-
12A.-(1) Where a person serving an induction period is employed in two or more institutions simultaneously, the head teachers of all the institutions shall agree which of them shall act as the lead head teacher.
(2) The lead head teacher shall be solely responsible for carrying out the functions of the head teacher specified in regulations 12 and 14(2).
(3) The appropriate body in relation to the lead head teacher's school or sixth form college shall be solely responsible for carrying out the functions of the appropriate body specified in regulations 10(3), 12 and 14.".
12. In regulation 14-
(a)in paragraphs (2) and (5)(a)(ii) "or sixth form college" shall be inserted after "school"; and
(b)in paragraph (5)(a)(iv) "on or after their establishment," shall be omitted.
13. In regulation 18(a) "and sixth form colleges" shall be inserted after "schools".
14. In regulation 19 "or sixth form college" shall be inserted after "school" each time it occurs.
15. The following paragraph shall be added at the end of Schedule 1-
"13. A person who has successfully completed an induction period for teachers under arrangements approved and supervised by the Isle of Man Department of Education.".
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 2000
(This note is not part of the Regulations)
These Regulations further amend the Education (Induction Arrangements for School Teachers (England) Regulations 1999 (S.I. 1999/1065).
From 1st September 2000 an induction period can be served in a sixth form college, defined as a further education institution mainly concerned with providing full-time education suitable for young persons under the age of 19. The governing body of the college must first have agreed with a local education authority that they will act as the appropriate body.
Where a teacher is serving induction at more than one school or sixth form college simultaneously, the Regulations now make provision for the head teachers of those institutions to agree that one of their number will act as lead head teacher with responsibility for the teacher's supervision and training and for making a recommendation to the appropriate body when the induction period is complete. The appropriate body in relation to the lead head teacher's school will carry out the appropriate body functions.
Regulation 15 adds teachers who have successfully completed induction in the Isle of Man to the list in Schedule 1 of cases in which teachers are exempt from the requirement to serve an induction period.
The regulations also make other consequential amendments.
1998 c. 30; section 19 is amended by section 139 of the Learning and Skills Act 2000 (c. 21); the Secretary of State can exercise the power under section 19 only in relation to England: see article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). For the meaning of "prescribed" and "regulations" see section 43(1).