Made | 6 July 2004 | ||
Coming into force | 1 September 2004 |
Requirement to be qualified
5.
No persons may carry out work specified in regulation 6 in a school unless they -
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.
Qualified teachers may carry out work specified in regulation 6 in a school only if they are registered under section 3 of the 1998 Act (register maintained by the General Teaching Council)[8].
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[9].
D. Elis-Thomas
The Presiding Officer of the National Assembly
6 July 2004
Regulations Revoked | Reference | Extent of Revocation |
The Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 | S.I. 1999/2817 (W.18) | Paragraphs 4, 6 and 7 of Part II of Schedule 1; Schedule 2 |
The Teachers (Compulsory Registration) (Wales) Regulations 2000 | S.I. 2000/3122 (W.200) | The whole Regulations |
are not to carry out work specified in regulation 6 in a school without the consent of the National Assembly.
Licensed, overseas trained and registered teachers
2.
- (1) The 1993 Regulations are to continue to apply as if the Education (Teachers) (Amendment) (No. 2) Regulations 1997[10], the 1999 Regulations, the Education (School Teachers' Qualifications) (Wales) Regulations 2004[11] and these Regulations had not been made for the purposes of -
(2) Persons who are employed at a school by virtue of paragraph (1)(a) may carry out work specified in regulation 6 in a school until they cease to be so employed.
Graduate Teachers
3.
In the case of persons who before 1st September 2004 were granted an authorisation to teach by virtue of paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations, those paragraphs are to continue to have effect as if these Regulations had not been made, until those persons successfully complete or cease to undertake the training proposed by virtue of those paragraphs.
Registered Teachers
4.
In the case of persons who before 1st September 2004 were granted an authorisation to teach by virtue of paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations, those paragraphs are to continue to have effect as if these Regulations had not been made, until those persons successfully complete or cease 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 were permitted to be employed as teachers by paragraph 4 of Schedule 4 of the 1982 Regulations and who were so employed immediately before 1st September 1989.
(2) Such persons may carry out work specified in regulation 6 in a school in the same capacity as they were employed before 1st September 1989.
Instructors with special qualifications or special experience
3.
- (1) This paragraph applies in the case of persons who are not qualified teachers 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 special experience or both are required in order to carry out the work specified in regulation 6.
(2) Persons mentioned in sub-paragraph (1) may carry out work specified in regulation 6 in a school if at the time of their appointment -
(3) Persons 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 teachers, graduate teachers, registered teachers or teachers on the employment-based teacher training scheme are available for appointment or to give instruction.
(4) Sub-paragraph (3) does not apply in the case of such persons appointed before 8th April 1982 where -
Overseas Trained Teachers
4.
- (1) Subject to sub-paragraph (2), persons who are not qualified teachers may carry out work specified in regulation 6 in a school (other than a pupil referral unit) if they have 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) Sub-paragraph (1) is not to apply in the case of persons mentioned in that sub-paragraph after the expiry of a period of two years commencing on whichever is the earlier of -
Graduate teachers
5.
- (1) This paragraph applies in the case of persons 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 2004.
(2) Such persons may carry out work specified in regulation 6 in a school until they successfully complete or cease to undertake the training proposed by virtue of those paragraphs.
Registered teachers
6.
- (1) This paragraph applies in the case of persons who have been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1st September 2004.
(2) Such persons may carry out work specified in regulation 6 in a school until they successfully complete or cease to undertake the training proposed by virtue of those paragraphs.
Employment-based teacher training scheme
7.
- (1) This paragraph applies in the case of persons who are undertaking training for the purposes of the employment-based teacher training scheme.
(2) Such persons may carry out work specified in regulation 6 in a school until they successfully complete or cease to undertake that training.
Other persons who may carry out specified work
8.
- (1) This paragraph applies in the case of persons who are not qualified teachers and who are not mentioned in paragraphs 2 to 7 of this Schedule.
(2) Such persons may carry out work specified in regulation 6 in a school only if the following conditions are satisfied -
(3) Head teachers may, if they consider the nomination appropriate in the circumstances, nominate persons who are mentioned in paragraphs 3, 4, 5, 6 or 7 of this Schedule as nominated teachers for the purpose of sub-paragraph (2).
(4) In determining whether the persons mentioned in sub-paragraph (1) have the skills, expertise and experience required to carry out work specified in regulation 6 in a school, head teachers may have regard to -
[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. 1999/2817 (W. 18) as amended by S.I 2002/1663 (W. 158), 2002/2938 (W. 279), 2003/140 (W.12), 2003/2458 (W. 240) and revoked in part by S.I. 2004/1729 (W.173).back
[8] The Regulations currently in force under this provision are the General Teaching Council for Wales (Functions) Regulations 2000, S.I. 2000/1979 (W. 140) as amended by S.I. 2001/2496 (W. 200) and S.I. 2004/1741 (W.180).back
[11] S.I. 2004/1729 (W 173).back
[12] S.I. 2004/1729 (W.173).back