Made | 2nd July 2003 | ||
Laid before Parliament | 8th July 2003 | ||
Coming into force | 1st August 2003 |
Revocations, savings and transitional provisions
4.
- (1) Subject to paragraph (2) the Regulations mentioned in Part I of Schedule 1 are revoked to the extent specified in that Schedule.
(2) The savings and transitional provisions mentioned in Part 2 of Schedule 1 have effect.
Requirement to be qualified
5.
No person may carry out work specified in regulation 6 in a school unless he -
Specified work
6.
- (1) Each of the following activities is specified work for the purposes of these Regulations -
(2) In paragraph (1)(b) "delivering" includes delivery via distance learning or computer aided techniques.
Requirement to be registered
7.
Subject to the exceptions mentioned in Schedule 3, a qualified teacher may carry out work specified in regulation 6 in a school only if he is registered with full registration under section 3 of the 1998 Act (register maintained by the General Teaching Council)[9].
David Miliband
Minister of State, Department for Education and Skills
2nd July 2003
Regulations Revoked | Reference | Extent of Revocation |
The Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 | S.I. 1999/2166 |
Paragraphs 6 and 7 of Schedule 1; Schedule 2 |
The Teachers (Compulsory Registration) (England) Regulations 2001 | S.I. 2001/1266 | The whole Regulations |
The Education (Teachers' Qualifications and Health Standards) (England) (Amendment) Regulations 2001 | S.I. 2001/1391 | The whole Regulations |
The Education (Teachers' Qualifications and Health Standards) (England) (Amendment No.2) Regulations 2001 | S.I. 2001/2896 | The whole Regulations |
shall not carry out work specified in regulation 6 in a school without the consent of the Secretary of State.
Licensed, overseas trained and registered teachers
2.
- (1) The 1993 Regulations shall continue to apply as if the Education (Teachers) (Amendment) (No. 2) Regulations 1997[10], the 1999 Regulations, the 2003 Qualifications Regulations and these Regulations had not been made, for the purposes of -
(2) A person who is employed at a school by virtue of sub-paragraph (1)(a) may carry out work specified in regulation 6 in a school until he ceases to be so employed.
Graduate Teachers
3.
In the case of a person who before 1st September 2002 was granted an authorisation to teach under paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations, those paragraphs shall continue to have effect as if these Regulations had not been made, until that person successfully completes or ceases to undertake the training proposed by virtue of those paragraphs.
Registered Teachers
4.
In the case of a person who before 1st September 2002 was granted an authorisation to teach under paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations, those paragraphs shall continue to have effect as if these Regulations had not been made, until that person successfully completes or ceases to undertake the training proposed by virtue of those paragraphs.
Existing unqualified teachers in nursery classes and at nursery schools
2.
- (1) This paragraph applies in the case of -
who was permitted to be employed as a teacher by paragraph 4 of Schedule 4 to the 1982 Regulations and who was so employed immediately before 1st September 1989.
(2) Such a person may carry out work specified in regulation 6 in a school, in the same capacity as he was employed before 1st September 1989.
Student Teachers
3.
- (1) This paragraph applies to a person aged over 18 years who either -
(2) Such a person may carry out work specified in regulation 6 in a school (other than a pupil referral unit) only if -
does not exceed 2 years or such longer period, if any, as is approved in his case by the Secretary of State; and
(b) the following conditions are satisfied -
(3) In this paragraph "nominated teacher" has the same meaning as in paragraph 10.
Instructors with special qualifications or experience
4.
- (1) This paragraph applies in the case of a person who is not a qualified teacher and who is appointed, or proposed to be appointed, to give instruction in any art or skill or in any subject or group of subjects (including any form of vocational training), where special qualifications or experience or both are required in order to carry out the work specified in regulation 6.
(2) A person mentioned in sub-paragraph (1) may carry out work specified in regulation 6 in a school if at the time of his appointment -
(3) A person appointed pursuant to sub-paragraphs (1) and (2) may carry out work specified in regulation 6 in a school, subject to sub-paragraph (4), only for such period of time as no suitable qualified teacher, graduate teacher, registered teacher or teacher on the employment-based teacher training scheme is available for appointment or to give instruction.
(4) But sub-paragraph (3) does not apply in the case of such a person appointed before 8th April 1982 where -
Overseas Trained Teachers
5.
- (1) Subject to sub-paragraph (2), a person who is not a qualified teacher may carry out work specified in regulation 6 in a school (other than a pupil referral unit) if he has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country.
(2) In the case of a person mentioned in sub-paragraph (1), this paragraph shall not apply after the expiry of a period of four years commencing on either -
Teacher trainees who have yet to pass the skills tests
6.
- (1) This paragraph shall apply in the case of a person over the age of 18 years, who is not a qualified teacher, and who -
but for the fact that he has not passed all the teacher trainee skills tests.
(2) Such a person may carry out work specified in regulation 6 in a school (other than a pupil referral unit) provided that the aggregate of -
does not exceed 5 years, or such longer period if any as may be approved in his case by the Secretary of State.
(3) In this paragraph -
Graduate teachers
7.
- (1) This paragraph applies in the case of a person who has been granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1st September 2002.
(2) Such a person may carry out work specified in regulation 6 in a school until that person successfully completes or ceases to undertake the training proposed by virtue of those paragraphs.
Registered teachers
8.
- (1) This paragraph applies in the case of a person who has been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1st September 2002.
(2) Such a person may carry out work specified in regulation 6 in a school until that person successfully completes or ceases to undertake the training proposed by virtue of those paragraphs.
Employment-based teacher training scheme
9.
- (1) This paragraph applies in the case of a person who is undertaking training for the purposes of the employment-based teacher training scheme.
(2) Such a person may carry out work specified in regulation 6 in a school until he successfully completes or ceases to undertake that training.
Other persons who may carry out specified work
10.
- (1) This paragraph applies in the case of a person who is not a qualified teacher and who is not mentioned in paragraphs 2 to 9 of this Schedule.
(2) Such a person may carry out work specified in regulation 6 in a school only if the following conditions are satisfied -
(3) In this paragraph a "nominated teacher" means a person who is mentioned in paragraph 4, 5, 6, 7, 8 or 9 of this Schedule and who is nominated by the head teacher where he considers that appropriate in the circumstances.
(4) In determining whether the person mentioned in sub-paragraph (1) has the skills, expertise and experience required to carry out work specified in regulation 6 in a school, the head teacher may have regard to-
is excepted from the requirement to register under regulation 7.
2.
A qualified teacher who -
(c) before he took up that post made an application for registration which complied with the requirements for making such an application then in force under section 4(2)(a) and (b) of the 1998 Act,
is excepted from the requirement to register under regulation 7 for a period of four weeks starting on the date on which he takes up that post.
[2] 1998 c. 30. The Teaching and Higher Education Act 1998 is amended by the Education Act 2002 (c. 32) and the Learning and Skills Act 2000 (c. 21). The Secretary of State can exercise the powers under Part 1 of the 1998 Act 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).back
[3] S.I. 1959/364 as amended by S.I. 1968/1281, 1969/1777, 1971/342, 1973/2021 and 1978/1144.back
[4] S.I. 1982/106 as amended by S.I. 1988/542 and 1989/329.back
[5] S.I. 1989/1319 as amended by S.I. 1989/1541, 1990/1561, 1991/1134, 1991/1840, 1991/2240 and 1992/1809.back
[6] S.I. 1993/543 as amended by S.I. 1997/368, 1997/2679 and 1998/1584.back
[7] S.I. 1999/2166 as amended by S.I. 2000/2704, 2001/1391, 2001/2896, 2001/3737, 2002/1434 and 2003/107.back
[9] The Regulations currently in force under this provision are the General Teaching Council for England (Registration of Teachers) Regulations 2000 (S.I. 2000/2176) as amended by S.I. 2001/23 and 2001/1267.back
[11] S.I. 1999/2817 as amended by S.I 2002/1663, 2002/2938 and 2003/140.back
[12] S.I. 2001/2897 as amended by S.I. 2001/3938.back
© Crown copyright 2003 | Prepared 8 July 2003 |