The Further Education Teachers’ (Eligibility) Regulations (Northern Ireland) 2007

Made: 5th March 2007

Coming into force: 30th April 2007

The Department for Employment and Learning[^f00001], in exercise of the powers conferred on it by Articles 70(1) and (2)[^f00002] and 134(1)[^f00003] of the Education and Libraries (Northern Ireland) Order 1986[^f00004] makes the following Regulation:

Citation and commencement

1

These Regulations may be cited as the Further Education Teachers’ (Eligibility) Regulations (Northern Ireland) 2007 and shall come into operation on 30th April 2007.

Revocations

2

The following regulations are revoked —

• (a) Further Education Teacher’s (Eligibility) Regulations (Northern Ireland) 1997[^f00005];

• (b) The Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 1998[^f00006].

Interpretation

3

In these Regulations—

• “governing body” means the governing body of an institution of further education as defined in the Further Education (Northern Ireland) Order 1997[^f00007]

• ...[^f00008]

Application

4

These Regulations apply to teachers in institutions of further education.

Qualifications

5

Every person employed as a teacher shall have such qualifications as may be approved by the Department.

Health Requirements

6

• (1) A governing body shall not employ a person as a teacher unless it is satisfied that he has the health or physical capacity for employment as a teacher.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A person employed as a teacher shall not continue in that employment if the governing body is satisfied that he does not have the health or physical capacity for such employment.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment of Unqualified Teachers

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition or restriction on a person’s employment as a teacher

8

• (1) The Department may prohibit or restrict the employment or further employment of a person as a teacher—

• (a) on medical grounds; or

• (b) on grounds of his misconduct (whether or not evidenced by his conviction of a criminal offence).

• (2) The Department may direct a governing body to suspend or terminate a teacher’s employment.

• (3) The Department shall not exercise its powers under paragraph (2) without first consulting that governing body.

• (4) Where the Department is considering exercising its powers under paragraph (1) or (2) it shall—

• (a) afford the teacher concerned an opportunity to make representations to it;

• (b) consider such representations and all other relevant information available to it.

• (5) Where the Department has prohibited or restricted a person’s employment as a teacher on any grounds under paragraph (1), it may subsequently remove or modify such prohibition or restriction.

Misconduct reports

9

Where a governing body has dismissed a person from employment as a teacher on grounds of his misconduct (whether or not he is convicted of a criminal offence) or would have so dismissed him or considered so dismissing him but for his resignation, that governing body shall provide the Department with such information relating to those grounds as the Department thinks fit.

Signed

Sealed with the Official Seal of the Department for Employment and Learning on 5th March 2007

Bernie O’Hare — A senior officer of the — Department for Employment and Learning

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and replace the Further Education Teachers’ (Eligibility) Regulations (Northern Ireland) 1997 and the Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 1998.

Regulation 5 provides for teachers in institutions of further education to have such qualifications as may be approved by the Department for Employment and Learning (“The Department”).

Regulation 6 provides that a person shall not be employed or continue to be employed as a teacher where he no longer satisfies the health requirements. A governing body may suspend his employment and the opportunity is given to the teacher to submit medical evidence and to make representations to the governing body.

Regulation 7 provides for a person who is not a qualified teacher to be temporarily employed where a governing body is unable to secure the services of a qualified teacher.

Regulation 8 enables the Department to prohibit or restrict the employment or further employment of a person as a teacher on medical grounds or on grounds of his misconduct. This regulation also enables the Department to direct a governing body to suspend or terminate a teacher’s employment. The Department must first consult the governing body and give the teacher concerned an opportunity to make representations to the Department. The Department may remove or modify any such prohibition or restriction.

Regulation 9 requires a governing body to provide the Department with information about any teacher it has dismissed on grounds of misconduct or would have considered so dismissing but for his resignation.

The Regulations make the following principal change—

There are no longer any age requirements for teachers.

Footnotes

[^f00001]: Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)

[^f00002]: Article 70 was substituted by Article 8 of S.I. 1987/167 (N.I. 2) and Article 70(1) was amended by Article 42(2) of S.I. 1993/2810 (N.I. 12) and Article 70(2) was amended by Article 15 of S.I 2003/417 (N.I. 4)

[^f00003]: As amended by Article 50(1) and Part II of Schedule 4 to S.I. 1993/2810 (N.I. 12)

[^f00004]: S.I. 1986/594 (N.I. 3)

[^f00005]: S.R. 1997 No. 388

[^f00006]: S.R. 1998 No. 96

[^f00007]: S.I. 1997/1772 (N.I.15)

[^f00008]: 1983 c. 54

Editorial notes

[^key-64ac7d94c44a955120bd514271b70688]: Reg. 1 in operation at 30.4.2007, see reg. 1

[^key-9cfbc66eda0a2315d229272b755b5164]: Reg. 2 in operation at 30.4.2007, see reg. 1

[^key-5d25095c993fe473ac5497a54c7fffc2]: Reg. 3 in operation at 30.4.2007, see reg. 1

[^key-7c6cb676bc0d4201e213419a522a6d56]: Reg. 6 in operation at 30.4.2007, see reg. 1

[^key-12e4b2670e88bfc183eedeaa851a4aa1]: Reg. 4 in operation at 30.4.2007, see reg. 1

[^key-914ae1251e15e2bcb99ef81b175b7fa4]: Reg. 5 in operation at 30.4.2007, see reg. 1

[^key-ebcdead96974bd415b07943f9ed523ae]: Reg. 8 in operation at 30.4.2007, see reg. 1

[^key-2e5bfa56f2dafc1522745e0a173a5b2e]: Reg. 9 in operation at 30.4.2007, see reg. 1

[^key-53fdbce66c0a845a1a3e6f804524b95d]: Words in reg. 3 omitted (1.12.2011) by virtue of The Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/372), regs. 1, 2(2)

[^key-951574ff699314d5db5f6f71177b23e9]: Reg. 6(2) revoked (1.12.2011) by The Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/372), regs. 1, 2(3)

[^key-db87778f885b3523df0a412bb1b7c101]: Reg. 6(4)-(6) revoked (1.12.2011) by The Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/372), regs. 1, 2(3)

[^key-35c3364e37f9bdce706f17371cadabd7]: Reg. 7 revoked (1.12.2011) by The Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/372), regs. 1, 2(4)