The Teachers (Entitlement to Registration) (Scotland) Regulations 1991

Made: 2nd May 1991

Laid before Parliament: 10th May 1991

Coming into force: 1st June 1991

The Secretary of State, in exercise of the powers conferred on him by section 6(2)(ba) of the Teaching Council (Scotland) Act 1965[^f00001] and of all other powers enabling him in that behalf, after consulting the General Teaching Council for Scotland and such organisation as appears to him to be representative of the interests of education authorities in accordance with section 6(2A) of that Act, hereby makes the following Regulations:

1

These Regulations may be cited as the Teachers (Entitlement to Registration) (Scotland) Regulations 1991 and shall come into force on 1st June 1991.

2

The requirements to be fulfilled for the purpose of section 6(2)(ba) of the Teaching Council (Scotland) Act 1965 are that the person–

• (a) is a migrant as defined in regulation 2(1) of the European Communities (Recognition of Professional Qualifications) Regulations 1991[^f00002];

• (b) applies under those Regulations to the Council for authorisation to practise the profession of School Teacher in Scotland (In publicly regulated schools);

• (c) fulfils the requirements specified in regulation 5(1)(a) or (b) of those Regulations; and

• (d) produces a certificate that he is medically fit to teach which complies with the requirements of regulation 9(3) of those Regulations or otherwise satisfies the Council that he is medically fit to teach.

Signed

Michael B Forsyth — Minister of State, Scottish Office — 2nd May 1991

Explanatory note

(This note is not part of the Regulations)

Section 6 of the Teaching Council (Scotland) Act 1965 requires the General Teaching Council for Scotland (“the Council”) to maintain a register of teachers and specifies the qualifications which entitle a person to be registered in it. Registration may be either absolute or, where the Council’s rules so provide, provisional subject to satisfaction of certain conditions.

The European Communities (Recognition of Professional Qualifications) Regulations 1991 (“the Recognition Regulations”) require the designated authorities for various professions in the United Kingdom to authorise, in prescribed circumstances, nationals of Member States of the European Communities who have equivalent qualifications to practise those professions. The Council is the designated authority for the profession of School Teacher in Scotland (In publicly regulated schools).

The present Regulations make provision consequential on the obligations imposed on the Council by the Recognition Regulations. They amend the statutory list of persons entitled to be registered so as to include persons who satisfy the basic requirements for recognition of qualifications set out in regulation 5 of the Recognition Regulations and provide evidence that they are medically fit to teach.

Registration of such persons could under section 6 of the 1965 Act be absolute or, in circumstances where the Recognition Regulations allow conditions to be imposed and rules of the Council so allow, provisional subject to satisfaction of those conditions.

Footnotes

[^f00001]: 1965 c. 19; section 6 was amended by the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), Schedule 10, paragraph 2.

[^f00002]: S.I. 1991/824.