The Education (Teachers) (Amendment) Regulations 1995

Made: 6th March 1995

Laid before Parliament: 8th March 1995

Coming into force: 1st April 1995

In exercise of the powers conferred by sections 218(1)(a), (2), (2A), (2B) and (3) and 232(5) and (6) of the Education Reform Act 1988[^f00001] and paragraph 3 of Schedule 18 to the Education Act 1993[^f00002], the Secretary of State hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.

• (2) Any reference in these Regulations to the principal Regulations is a reference to the Education (Teachers) Regulations 1993[^f00003].

Amendment of the principal Regulations

2

The following amendments shall be made to regulation 3 of the principal Regulations (schools and institutions to which the principal Regulations apply and interpretation)—

• (a) in paragraph (1) there shall be inserted new sub–paragraphs as follows—

(aa) a reference to a special school not maintained by a local education authority includes a grant–maintained special school; (aaa) a reference to a grant–maintained school includes a school conducted by an education association[^f00004] and a reference to a governing body includes an education association;

; and

• (b) in paragraph (2)—

• (i) in the definition of “authorisation”, after “Secretary of State” there shall be inserted “or the Teacher Training Agency[^f00005]”;

• (ii) in the definition of “licence”, after “Secretary of State” there shall be inserted “or the Teacher Training Agency”;

• (iii) after the definition of “overseas trained teacher” there shall be inserted the following definition—

“pupil referral unit” means a school such as is described in section 298(2) of the Education Act 1993;

• (iv) for the definition of “recommending body” there shall be substituted—

“recommending body” has the meaning assigned thereto by regulation 3A;

; and

• (v) in the definition of “registration”[^f00006], after “Secretary of State” there shall be inserted “or the Teacher Training Agency”.

3

After regulation 3 of the principal Regulations there shall be inserted the following regulation—

(3A) (1) In these Regulations “recommending body” means— (a) subject to sub–paragraph (b)— (i) where the person named in the recommendation is employed or is to be employed at a single school, except a pupil referral unit, the governing body of that school, or (ii) where the person named in the recommendation is employed or is to be employed wholly or mainly at a pupil referral unit, the maintaining local education authority; or (b) in relation to a recommending body in England where the licence or authorisation was granted before 1st April 1995 and in relation to a recommending body in Wales— (i) subject to (iii) below, where the person named in the recommendation is employed or is to be employed at a school maintained by a local education authority, except a pupil referral unit, which has a delegated budget, a special school not so maintained or a grant–maintained school, the governing body of that school; (ii) subject to (iii) below, where the person named in the recommendation is employed or is to be employed at a school maintained by a local education authority which does not have a delegated budget, or at a pupil referral unit, that maintaining local education authority; or (iii) where the person named in the recommendation is employed or is to be employed at more than one school maintained by the same local education authority, that maintaining local education authority, - and any reference to a school which has a delegated budget shall be construed in accordance with section 33(6)(b) of the Education Reform Act 1988. (2) References in these Regulations to a recommending body in England and Wales are to a local education authority or the governing body of a school in England or, as the case may be, in Wales.

4

• (1) For Parts II and III of Schedule 2 to the principal Regulations there shall be substituted the new Parts II and III set out in Schedule 1 to these Regulations.

• (2) For Schedule 3 to the principal Regulations there shall be substituted the new Schedule 3 set out in Schedule 2 to these Regulations.

Transitional provisions

5

• (1) The substitution of new Parts II and III of Schedule 2 to the principal Regulations by regulation 4(1) above shall not relieve a recommending body of any obligation to report certain facts to the Secretary of State under paragraph 11 or 19 of the said Schedule in the form in which they existed before these Regulations came into force.

• (2) The substitution of a new Part II in Schedule 3 to the principal Regulations by regulation 4(2) above shall not—

• (a) affect any registration by the Secretary of State in accordance with the said Part II in the form in which it existed before these Regulations came into force, other than as specified in that Part as so substituted; and

• (b) relieve a person carrying on a city college, as defined in the principal Regulations, of any obligation to report certain facts to the Secretary of State under paragraph 8 of the said Schedule 3 in the form in which it existed before these Regulations came into force.

Amendment and revocation

6

• (1) The Education (Teachers) (Amendment) Regulations 1994[^f00007] shall be amended by the revocation of regulation 4.

• (2) The Education (Pupil Referral Units) (Application of Enactments) Regulations 1994[^f00008] shall be amended by the revocation of—

• (a) paragraph 6(1) in Part II of Schedule 1; and

• (b) the words “and 4 to 11” in paragraph 4 of Schedule 2.

SCHEDULE 1

SCHEDULE 2

Signed

Gillian Shephard — Secretary of State for Education — 6th March 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Education (Teachers) Regulations 1993 (“the principal Regulations”). Apart from minor, drafting and consequential amendments, the following changes have been made (regulation 4).

Licences and authorisations allowing unqualified teachers to teach in schools in England will after 31st March 1995 be granted by the Teacher Training Agency (established by the Education Act 1994 and given additional functions relating to these Regulations by S.I. 1995/601), rather than by the Secretary of State. Such licences and authorisations will be granted on the recommendation of governing bodies alone and the consent of local education authorities will not be required (except in the case of overseas trained teachers employed in pupil referral units where the recommending body is the local education authority). A licence or authorisation will lapse if the teacher ceases to be employed in the post particularised in the licence (or, in the case of an overseas trained teacher where the local education authority was the recommending body, if he ceases to be employed wholly or mainly in a pupil referral unit).

Licences and authorisations to teach in schools in Wales continue to be granted by the Secretary of State and the provisions relating to such licences and authorisations in substance remain unchanged.

The provisions relating to registered teachers have been amended so that registrations after 31st March 1995 will be effected by the Teacher Training Agency, and not the Secretary of State.

The amendment to the principal Regulations effected by section 14(2) of the Education Act 1994 has been incorporated as paragraph 2(2) of Schedule 3 to the principal Regulations allowing the Teacher Training Agency or the Higher Education Funding Council for Wales to accredit institutions as providers of courses of initial teacher training which satisfy the Secretary of State’s criteria, and the Secretary of State to grant qualified teacher status to persons who, inter alia, have successfully completed initial teacher training courses at such institutions.

Provisions in other Regulations which are spent are revoked (regulation 6).

Footnotes

[^f00001]: 1988 c. 40. Section 218(2A) was inserted by section 14(1) of the Education Act 1994 (c. 30). Seesection 114(1) of the Education Act 1944 (c. 31) for the definition of “prescribed”. Section 218 (2B) was inserted as section 218(2A) by section 291 of the Education Act 1993 (c. 35) and amended and re–numbered (2B) by paragraph 8(4) of Schedule 2 to the Education Act 1994. Sections 218(3) and 232(6) were amended by sections 14(3) and (4) respectively of the Education Act 1994.

[^f00002]: 1993 c. 35; seesection 305(1) for the definition of “regulations”.

[^f00003]: S.I. 1993/543; amended by S.I. 1993/1969, 1994/222 and section 14(2) of the Education Act 1994 and modified by S.I. 1994/2103.

[^f00004]: Seesections 221(4) and 218(7)(a) of the Education Act 1993.

[^f00005]: The Teacher Training Agency was established under section 1 of the Education Act 1994.

[^f00006]: Inserted by S.I. 1994/222.

[^f00007]: S.I. 1994/222.

[^f00008]: S.I. 1994/2103.

[^f00009]: The Council for National Academic Awards was dissolved by S.I. 1993/924 on 20th April 1993.

[^f00010]: OJ No. L19, 24.1.89, p.16.

[^f00011]: Cm. 2073.

[^f00012]: Cm. 2183.