The Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017

Made: 25th July 2017

Coming into force: 1st October 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 98A(6) and 133(2D)(a) and (b) of the Education (Scotland) Act 1980 and all other powers enabling them to do so.

In accordance with section 133(2C)(a) of that Act, the Scottish Ministers have consulted such persons as they think fit on a draft of this instrument.

In accordance with section 133(2C)(b) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017 and come into force on 1st October 2017.

• (2) In these Regulations—

• “the 1980 Act” means the Education (Scotland) Act 1980; and

• “registered teacher” means a teacher whose particulars are recorded in the register maintained by the General Teaching Council for Scotland under the Public Services Reform (General Teaching Council for Scotland) Order 2011 and includes a teacher—whose registration has been marked as restricted; andwho, for the duration of that teacher's registration being marked as restricted, is only employed as a teacher—by their existing employer; andin their existing teaching post.

Prescribed Person

2

In relation to a teacher or proposed teacher in an independent school, the class of persons prescribed under section 98A(6) of the 1980 Act, for the purposes of Part V (Independent Schools) of the 1980 Act, is any person who is not a registered teacher.

Transitory provision – teacher at an independent school who is not a registered teacher

3

Where a person is employed by an independent school as a teacher on or before 1st October 2017, but is not a registered teacher, then that person is to be treated as not being in the class of persons prescribed by regulation 2 until 1 June 2021.

Transitory provision – application for registration of independent school made but not yet determined

4

Where an application for the registration of an independent school under section 98A(1) of the 1980 Act—

• (a) is made before 1st October 2017;

• (b) is granted on, or after, 1st October 2017 but before 1st April 2018; and

• (c) includes the full name and date of birth of a person as a teacher or proposed teacher in the school,

that person is to be treated as not being in the class of persons prescribed by regulation 2 until the day occurring 3 years after the day on which that application for registration as an independent school is granted by Scottish Ministers.

Signed

JOHN SWINNEY — A member of the Scottish Government — 2017-07-25

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1980 c.44. Section 98A was relevantly amended by section 4(2) of the School Education (Ministerial Powers and Independent Schools) Act 2004 (asp 12). Section 133 was relevantly amended by section 26 of the Education (Scotland) Act 2016 (asp 8).

[^f00002]: S.S.I. 2011/215.

Editorial notes

[^c23234881]: 1980 c.44. Section 98A was relevantly amended by section 4(2) of the School Education (Ministerial Powers and Independent Schools) Act 2004 (asp 12). Section 133 was relevantly amended by section 26 of the Education (Scotland) Act 2016 (asp 8).

[^c23234891]: S.S.I. 2011/215.

[^key-892d57f718c61495b722db21fdafa5d3]: Words in reg. 3 substituted (4.7.2020) by The Registration of Independent Schools (Prescribed Person) (Coronavirus) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/205), regs. 1, 2