COMMONS AMENDMENTS (Hansard, 23 June 1998)

HL Deb 23 June 1998 vol 591 cc210-6 210

§ 133 Clause 29, page 27, line 11, leave out ("and") and insert— (""registered teacher" means (subject to paragraph 8 of Schedule (Disciplinary powers of Council)) a person for the time being registered under section 4;").

§ 134 Page 27, line 13, at end insert— ("(2) In the following provisions of this Act, namely—

(a) sections 11, (Prohibitions or restrictions on etnployment of teachers imposed by Secretary of State) and 16, and
(b) Schedule (Disciplinary powers of Council),

"employer", in relation to a teacher, includes a local education authority, governing body or other person who engage (or make arrangements for the engagement of) that 211 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.").

§ 135 Clause 31, page 27, line 21, leave out ("to 21") and insert (",(Transfer or delegation of functions relating to student support), (Supply of information in connection with student loans), 20 and 21").

§ 136 Clause 32, page 28, line 1, leave out from ("Scotland") to the end of line 5 and insert ("only— sections 14 and (Representation of special educational needs teachers on General Teaching Council for Scotland), section 18, sections 24 and (Supply of information in connection with student loans: Scotland), except that subsections (3) and (5C) of section 73A, and section 73ZA so far as relating to any function exercisable by virtue of those subsections, of the Education (Scotland) Act 1980 (which are inserted by section 24) shall also extend to England and Wales and Northern Ireland, section 25, and sections (Joint exercise of functions of funding councils in Scotland) and (Scottish Further Education Funding Council: "relevant body" for purposes of section 19(5) of the Disability Discrimination Act 1995).").

§ 137 Page 28, line 5, at end insert—

§ ("(6A) The following provisions also extend to Scotland— section 19 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(d) or (5) of that section, section (Transfer or delegation of functions relating to student support) so far as relating to any function exercisable by virtue of any provision so authorised. sections 26 and 27, section (Unauthorised use of "university" in title of educational institution, etc.), section 28, and this section.").

§ 138 Page 28, line 6, at end insert— ("section 19 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(d) or (5) of that section, section (Transfer or delegation of functions relating to student support) so far as relating to any function exercisable by virtue of any provision so authorised,").

§ 139 Page 28, line 6, at end insert— ("section (Unauthorised use of "university" in title of educational institution, etc.),").

§ 140 Page 28, leave out lines 12 to 15.

§ 141 Schedule 1, page 30, line 7, at end insert— ("(4) The Council may pay to the employer of a person who is a member of the Council (or a member of any of their committees but not a member of the Council) such compensation in respect of the loss of that person's services as the Secretary of State may determine.").

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§ 142 After Schedule 1, insert the following new schedule—

§ ("DISCIPLINARY POWERS OF COUNCIL

§ Investigation, hearing and determination of disciplinary

cases

§ 1.—(1) Regulations may make provision for and in connection with the investigation by the Council of cases where—

(a) it is alleged that a registered teacher—

(i) is guilty of unacceptable professional conduct or serious professional incompetence, or
(ii) has been convicted (at any time) of a relevant offence, or

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

and the hearing and determination by the Council of such cases where it is found on investigation that a registered teacher has a case to answer.

§ (2) The regulations may, in particular, make provision—

(a) requiring the Council, where any proceedings are being taken against any person under this Schedule—

(i) to serve a notice on him outlining the case against him, and
(ii) to give him the opportunity of appearing and making oral representations;

(b) entitling such a person to be represented, by any person whom he desires to represent him, at any hearing of the Council at which his case is considered;
(c) requiring the Council, where they do not find the case against such a person proved, to publish at his request a statement to that effect;
(d) empowering the Council to require persons to attend and give evidence or to produce documents or other material evidence;
(e) about the admissibility of evidence;
(f) enabling the Council to administer oaths;
(g) for the procedure to be followed by the Council in connection with proceedings under this Schedule to be such as may be specified in or determined under the regulations.

§ (3) No person shall be required by virtue of the regulations to give any evidence or produce any document or other material evidence which he could not be compelled to give or produce in civil proceedings in any court in England and Wales.

§ (4) The regulations may make provision for any functions conferred on the Council by virtue of sub-paragraph (1) to be excluded or restricted in such manner as may be specified in or determined under the regulations, including such provision for excluding or restricting any such functions as the Secretary of State considers appropriate with a view to taking account of any powers exercisable by him, by virtue of section 218(6) of the Education Reform Act 1988, on the grounds of the safety and welfare of persons under the age of 19.

§ (5) In framing any regulations under section 218(6) of that Act the Secretary of State may similarly take account of the functions conferred on the Council by virtue of sub-paragraph (1) (so far as not excluded or restricted by virtue of sub-paragraph (4)); and any such regulations may include provision with respect to the allocation of cases between the Secretary of State and the Council and the reference of cases by one of them to the other.

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§ Disciplinary orders: general

§ 2.—(l) Regulations may make provision for and in connection with authorising the Council to make disciplinary orders in relation to persons who in proceedings under this Schedule are found by the Council—

(a) to have been guilty of unacceptable professional conduct or serious professional incompetence; or
(b) to have been convicted (at any time) of a relevant offence.

§ (2) The regulations may, in particular, make provision—

(a) for the Council to serve on any such person notice of the disciplinary order which has been made in relation to him, and of his right to appeal against the order under paragraph 6;
(b) as to the time when any such order takes effect, whether in a case where any such person exercises that right of appeal or otherwise;
(c) for the Council to publish, in such manner as may be prescribed, such information relating to the case of any such person and any disciplinary order made by the Council as may be prescribed.

§ (3) In this Schedule a "disciplinary order" means—

(a) a reprimand,
(b) a conditional registration order,
(c) a suspension order, or
(d) a prohibition order.

§ Conditional registration orders

§ 3.—(1) Where a conditional registration order is made in relation to a person, he shall continue to be eligible for registration under section 4, but he shall comply with such conditions relevant to his employment as a teacher as may be specified in the order.

§ (2) Without prejudice to the generality of sub-paragraph (1)—

(a) the conditions which may be specified in a conditional registration order include conditions for requiring the person in question to take any specified steps that will, in the opinion of the Council, be conducive to his becoming a competent teacher; and
(b) conditions may be so specified (whether for the purpose mentioned in paragraph (a) or otherwise) that will involve expenditure on the part of that person.

§ (3) Subject to sub-paragraph (4), any condition specified in a conditional registration order shall have effect either—

(a) for such period as may be so specified, or
(b) without limit of time.

§ (4) A person in relation to whom a conditional registration order has been made may, in accordance with regulations, apply to the Council for them to vary or revoke any condition specified in the order.

§ (5) Regulations may make provision authorising the Council, if satisfied that such a person has failed to comply with any such condition, to make a suspension or prohibition order in relation to him.

§ Suspension orders

§ 4. Where a suspension order is made in relation to a person—

(a) he shall cease to be eligible for registration under section 4, and
(b) if he is a registered teacher at the time when the order is made, his name shall be removed from the register accordingly,

but he shall become so eligible again at the end of such period not exceeding two years as may be specified in the order.

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§ Prohibition orders

§ 5.—(1) Where a prohibition order is made in relation to a person—

(a) he shall cease to be eligible for registration under section 4, and
(b) if he is a registered teacher at the time when the order is made, his name shall be removed from the register accordingly,

and he shall not become so eligible again unless the Council, on an application made by him in accordance with regulations, so direct.

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

§ Appeals against disciplinary orders

§ 6.—(1) Regulations shall make provision for conferring on a person aggrieved by a disciplinary order made in relation to him under this Schedule a right to appeal against the order to the High Court within 28 days from the date on which notice of the order is served on him.

§ (2) On such an appeal the Court may make any order which appears appropriate.

§ (3) No appeal shall lie from any decision of the Court on such an appeal.

§ Supplementary provisions

§ 7.—(1) Regulations may make provision for such incidental and supplementary matters as the Secretary of State considers appropriate in connection with any of the preceding provisions of this Schedule, including provision—

(a) for the Council, where a disciplinary order takes effect in relation to a person, to serve notice of the order on that person's employer;
(b) requiring the employer of any such person to take in relation to that person such steps in consequence of the order (which may include his dismissal) as may be prescribed;
(c) authorising the delegation of functions conferred by virtue of this Schedule and the determination of matters by any person or persons specified in the regulations.

§ (2) Regulations may also, in relation to any time after the date specified in an order under section 7(1), make provision for securing that any disciplinary order made under this Schedule as it applies in relation to England or (as the case may be) Wales has the corresponding effect in relation to Wales or (as the case may be) England.

§ (3) Regulations under sub-paragraph (2) may modify any provision of this Act.

§ Interpretation

§ 8.—(1) In this Schedule— disciplinary order" has the meaning given by paragraph 2(3); registered teacher" includes—

(a) a person who was a registered teacher at the time of any alleged conduct or offence on his part, and
(b) a person who has made an application to be registered under section 4;

relevant offence", in relation to a registered teacher, means—

(a) in the case of a conviction in the United Kingdom, a criminal offence other than one 215 having no material relevance to his fitness to be a registered teacher, and
(b) in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would constitute such an offence as is mentioned in paragraph (a);

unacceptable professional conduct" means conduct which falls short of the standard expected of a registered teacher.

§ (2) Where regulations under paragraph 9(1)(b) of Schedule 1 require the Council to establish a committee for the purpose of discharging any of the functions conferred on them by virtue of this Schedule, references in this Schedule to the Council shall be construed, in relation to those functions, as references to that committee.").

§ 143 Schedule 2, page 33, line 4, at end insert— (""A body corporate created by virtue of section 59A(2)(c) of the Further and Higher Education (Scotland) Act 1992.",").

§ 144 Page 33, line 20, leave out ("73(1)(f)") and insert ("73(f)").

§ 145 Page 33, line 26, leave out ("73(1)(f)") and insert ("73(f)").

§ 146 Page 33, line 30, at end insert—

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

§ . In section 1(6) of the Education (Fees and Awards) Act 1983 (fees at further education establishments), for "section 27(6) of the Education Act 1980" substitute "section 218(9) of the Education Reform Act 1988".").

§ 147 Page 33, line 33, at end insert—

§ ("Further and Higher Education Act 1992 (c. 13)

§ . 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".

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

§ 148 Page 33, line 33, at end insert—

§ ("Charities Act 1993 (c. 10)

§ . In section 3 of the Charities Act 1993 (the register of charities), after subsection (5) insert—

§ "(5A) In subsection (5) above, paragraph (a) shall be read as referring also to—

(a) any higher education corporation within the meaning of the Education Reform Act 1988, and
(b) any further education corporation within the meaning of the Further and Higher Education Act 1992." ").

§ 149 Page 34, line 33, at end insert—

("1980 c. 20.	Education Act 1980.	Section 19. Schedule 5.
1983 c. 40.	Education (Fees and Awards) Act 1983.	In section 2(3), paragraph (a) and in paragraph (b) the word "other".").

§ 150 Page 34, line 41, at end insert—

("1993 c. 10.

Charities Act 1993.

In Schedule 2, paragraphs (h) and (j).").

§ 151 In the Title, line 6, leave out from ("them") to ("to") in line 8 and insert ("; to make provision with respect to the funding of higher education institutions and certain further education, and other matters relating to further and higher education institutions;").

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§ 152 In the Title, line 8, after ("institutions;") insert ("to enable the higher and further education funding councils in Scotland to discharge certain functions jointly;").

§ 153 Line 9, after ("training;") insert ("to make provision with respect to the inspection of training and careers services provided in pursuance of arrangements or directions under the Employment and Training Act 1973; to provide that the Scottish Further Education Funding Council shall be a relevant body for the purposes of section 19(5) of the Disability Discrimination Act 1995;").

§ Baroness Blackstone
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 133 to 153.
Moved, That the House do agree with the Commons in their Amendments Nos. 133 to 135.—(Baroness Blackstone.)

§ On Question, Motion agreed to.

§ Lord Haskel
My Lords, the early completion of our deliberations on the Teaching and Higher Education Bill means that the time available for the Unstarred Question on Guardsmen Fisher and Wright is no longer limited to a one-hour dinner adjournment debate. The debate can now run for a maximum of one-and-a-half hours. That change does not affect the time available to the noble Lord, Lord Campbell of Alloway, or to my noble friend Lord Dubs, but it increases the maximum time available to other speakers from three minutes to six minutes.