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("(3A) The Council may be required under subsection (3)(b) to advise the Secretary of State on any matter relevant to a decision by him as to whether any power exercisable by him by virtue of section 218(6) of the Education Reform Act 1988 (prohibition or restriction on employment of teachers) should or should not be exercised in any particular case.").
7

Page 4, line 1, leave out from ("if") to end of line 7 and insert ("he is a qualified teacher within the meaning of section 218(2) of the Education Reform Act 1988 and he is not for the time being--


(a) prohibited from being employed, or otherwise engaged to provide his services, as a teacher as the result of a direction given by the Secretary of State by virtue of section 218(6) of that Act (prohibition or restriction on employment of teachers), or
(b) subject to a disciplinary order made under Schedule (Disciplinary powers of Council) to this Act by virtue of which he is not eligible for registration, or
(c) disqualified from being employed as a teacher in any school by virtue of an order made--
(i) by an Independent Schools Tribunal under section 470 of the Education Act 1996, or
(ii) by the Secretary of State under section 471 of that Act, or
(d) (subject to such exceptions as may be prescribed by, or determined by the Secretary of State under, regulations) ineligible for registration as a teacher, or disqualified from being a teacher in any school, by virtue of any prescribed provision of the law of Scotland or of Northern Ireland.").

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8Page 4, line 8, after ("(4)") insert ("Except in such circumstances as may be prescribed,").
9Page 4, line 9, after ("with") insert ("regulations under").
10Page 4, line 10, at end insert ("for the purposes of those regulations.").
11Page 4, line 41, leave out ("a direction given by") and insert--
("(i) a direction given by the Secretary of State by").

12Page 4, line 43, at end insert (", or (ii) a disciplinary order made under Schedule (Disciplinary powers of Council) to this Act.").

13

After Clause 5, insert the following new clause--

Code of practice for registered teachers

(".--(1) Regulations may make provision for, and in connection with, authorising the Council to issue, and from time to time revise, a code laying down standards of professional conduct and practice expected of registered teachers.
(2) Regulations under this section may, in particular, make provision--
(a) as to the consequences of any failure by a registered teacher to comply with the provisions of the code;
(b) for the provision by the Council of copies of the code, either on payment of a reasonable charge decided by the Council or, in such circumstances as may be determined in accordance with the regulations, free of charge.
(3) Regulations made in pursuance of subsection (2)(a) may provide for any failure by a registered teacher to comply with the provisions of the code to be taken into account in any proceedings against him under Schedule (Disciplinary powers of Council).").
14

Insert the following new clause--

Disciplinary powers of Council in relation to registered teachers

(". Schedule (Disciplinary powers of Council) (which makes provision for certain disciplinary powers to be conferred on the Council in relation to registered teachers and persons applying for registration) shall have effect.").
15

Clause 6, page 5, line 16, at end insert--


("(2A) Without prejudice to the generality of subsection (1), the Secretary of State may under that subsection require the Council to give him such assistance as he may specify in relation to the exercise of his power under section 218(2) of the Education Reform Act 1988 to determine, in accordance with regulations made under that provision, whether a person is a qualified teacher.").
16

Page 5, line 20, leave out ("as teachers").


17

Clause 7, page 5, line 46, at end insert--


("(5) Subject to subsection (6), stamp duty shall not be chargeable in respect of any transfer to the General Teaching Council for Wales effected by virtue of subsection (3).
(6) No instrument (other than a statutory instrument) made or executed in pursuance of subsection (3) shall be treated as duly stamped unless--
(a) it is stamped with the duty to which it would, but for this section be liable, or
(b) it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.").

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18

Clause 8, page 6, line 2, leave out ("sections 3 to 6") and insert ("the following provisions, namely--


sections 3 to (Code of practice for registered teachers),
section (Disciplinary powers of Council in relation to registered teachers) together with Schedule (Disciplinary powers of Council), and
section 6,").
19

Clause 9, page 6, line 16, leave out ("subsections (2), (3) and (6)") and insert ("subsection (2) or (3)").


20

Page 6, line 19, leave out ("or direction").


21

Page 6, line 22, leave out ("or direction").


22

Page 6, line 24, leave out ("or direction").


23

Page 6, line 26, leave out ("or direction").


24

Page 6, line 28, leave out ("or direction").


25

Clause 11, page 7, leave out lines 16 to 20.


26

After Clause 13, insert the following new clause--

Prohibitions or restrictions on employment of teachers imposed by Secretary of State

(". Regulations may make provision requiring employers of persons falling within section 218(6) of the Education Reform Act 1988 to provide all or any of the following, namely--
(a) the Secretary of State,
(b) the General Teaching Council for England, and
(c) the General Teaching Council for Wales,
with prescribed information in respect of cases where such persons are dismissed on the grounds of misconduct or incompetence or on medical grounds, or resign in circumstances where their employers would have dismissed them, or considered dismissing them, on any such grounds had they not resigned.").
27

After Clause 14, insert the following new clause--

Representation of special educational needs teachers on General Teaching Council for Scotland

(". In paragraph 1 of Schedule 1 to the Teaching Council (Scotland) Act 1965 (composition of General Teaching Council for Scotland), after sub-paragraph (8) there shall be inserted the following sub-paragraph--
"(9) In nominating members of the Council under sub-paragraph (1)(c) above, the Secretary of State shall have regard to the desirability of the membership of the Council reflecting the interests of persons concerned with the teaching of persons with special educational needs."").

Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 3 to 27.

Moved, That the House do agree with the Commons in their Amendments Nos. 3 to 27.--(Baroness Blackstone.)

On Question, Motion agreed to.

COMMONS AMENDMENT

28

Clause 16, page 9, line 28, after ("at") insert ("relevant").

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 28. In doing so, I should like to speak also to Amendments Nos. 30 and 43 to 45.

The amendments in this group will enable the Secretary of State to set out in regulations those schools which will be able to provide an induction period. New teachers at maintained and non-maintained special

23 Jun 1998 : Column 128

schools will have successfully to complete a period of induction if they wish to remain eligible for employment at these schools.

The amendments make clear that independent schools may also provide an induction period in prescribed circumstances. However, they do not make the successful completion of an induction period a condition governing employment in an independent school. Independent schools were not able to offer the former probation arrangements. Their inclusion in the induction programme reflects the new spirit of partnership that we have established with the independent sector.

However, we will only be prepared to permit independent schools to participate in the new arrangements where we are certain that the new teacher can be guaranteed the same professional experience and the same level of support and guidance. The monitoring and assessment arrangements must also meet the same standards. We also intend to stipulate in regulations that only those independent schools which can offer appropriate experience of the national curriculum will be able to provide an induction period.

Moved, That the House do agree with the Commons in their Amendment No. 28.--(Lord Whitty.)

On Question, Motion agreed to.


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