The Education (Teachers) (Amendment) (No. 2) Regulations 1997

Made: 5th November 1997

Laid before Parliament: 10th November 1997

Coming into force: 1st December 1997

In exercise of the powers conferred on the Secretary of State by sections 218(1)(a), (2), (2A), (2B) and (3) and 232(5) and (6) of the Education Reform Act 1988¹ and paragraph 3 of Schedule 1 to the Education Act 1996² the Secretary of State for Education and Employment hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Education (Teachers) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st December 1997.

• (2) Any reference in these Regulations to the principal Regulations is a reference to the Education (Teachers) Regulations 1993³.

Amendment of the principal Regulations

2

For paragraphs (1) and (2) of regulation 3 of the principal Regulations (schools and institutions to which the principal Regulations apply and interpretation) there shall be substituted the following–

(1) Except where the context otherwise requires, in these Regulations— (a) a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained, or a grant-maintained school; (b) a reference to a further education institution is a reference to an institution, not being a school, which provides further education (whether or not it also provides higher education) and either— (i) is maintained by a local education authority; or (ii) is within the further education sector; (c) a reference to an institution without qualification is a reference to a further education institution or an institution within the higher education sector; (d) a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years. (2) Except where the context otherwise requires, in these Regulations— - “authorisation” means an authorisation to teach granted to a person by the Secretary of State or the Teacher Training Agency in accordance with Part II or III of Schedule 2; - “BTEC” means the Business and Technology Education Council; - “city college” means a city technology college or a city college for the technology of the arts; - “company” has the same meaning as in the Companies Act 1985⁴; - “graduate teacher” means a person to whom an authorisation has been granted in accordance with Part II of Schedule 2; - “hearing impaired” means deaf or partially hearing; - “higher education” means education provided by any of the following courses— a course for the further training of teachers or youth and community workers; a post-graduate course (including a higher degree course); a first degree course; a course for the Diploma of Higher Education; a course for the BTEC Higher National Diploma or BTEC Higher National Certificate provided by the Edexcel Foundation, or the Diploma in Management Studies; a course for the Certificate in Education; a course in preparation for a National Vocational Qualification at level 4 or 5; a course providing education (whether or not in preparation for an examination) at a standard higher than the standard of courses providing education in preparation for examinations at advanced level for the General Certificate of Education or the examination for the BTEC National Certificate or the BTEC National Diploma provided by the Edexcel Foundation; - “pupil referral unit” means a school such as is described in section 19(2) of the Education Act 1996; - “qualified teacher” has the meaning assigned thereto by regulation 13 and ‘unqualified teacher’ shall be construed accordingly; - “recommending body” means the body that is the organiser of the training given or to be given to the person named in the recommendation; - “registered teacher” means a person to whom an authorisation has been granted in accordance with Part III of Schedule 2; - “relevant employment” has the meaning assigned thereto by regulation 7; - “visually impaired” means blind or partially sighted.

3

Regulation 3A (definition of ‘recommending body’) of the principal Regulations shall be omitted.

4

For Schedule 2 to the principal Regulations there shall be substituted the new Schedule 2 set out in Schedule 1 to these Regulations.

5

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 in respect of licensed, overseas trained and registered teachers

6

• (1) The principal Regulations shall continue to apply as if these Regulations had not been made for the purposes of—

• (a) permitting the employment as a teacher at a school of an unqualified teacher who was a licensed teacher or an overseas trained teacher as therein defined on 30th November 1997, and duties imposed on persons in connection therewith shall continue to apply;

• (b) determining whether a person, who on or at any time before 30th November 1997 was a licensed teacher, overseas trained teacher or registered teacher as therein defined, is a qualified teacher.

• (2) For the purposes of paragraph 3 of Schedule 2 to the principal Regulations as substituted by these Regulations, the references to a graduate teacher or a registered teacher include a reference to a licensed teacher or an overseas trained teacher as defined in the principal Regulations before these Regulations were made.

Revocations

7

The Regulations listed in Schedule 3 to these Regulations are revoked to the extent specified therein.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3 — Revocations

Signed

Estelle Morris — Parliamentary Under-Secretary of State, — Department for Education and Employment — 5th November 1997

Explanatory note

(This note is not part of the Regulations)

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

The current schemes by which unqualified teachers can become qualified teachers whilst being employed at a school, known as the licensed, overseas trained and registered teacher schemes are revoked, save for transitional provisions (see regulation 6). Those schemes are replaced by new programmes, known as the graduate teacher and registered teacher programmes (see regulation 4 and Schedule 1). The programmes enable a person who is not a qualified teacher to teach at a school maintained by a local education authority, except a pupil referral unit, a special school not so maintained or a grant-maintained school, if he is authorised to do so. Authorisations to teach will be granted by the Teacher Training Agency in England and the Secretary of State in Wales.

A person who successfully completes service as a graduate or registered teacher and is assessed as meeting the standards required of a person who seeks to become a qualified teacher may be awarded qualified teacher status (see paragraph 8 of the new Schedule 3 to the principal Regulations, inserted by regulation 5 and Schedule 2 to these Regulations).

Where a person who seeks to become a qualified teacher will not be employed under a contract of employment at a school maintained by a local education authority, a special school not so maintained or a grant-maintained school during his period of training, the Teacher Training Agency or, in Wales, the Secretary of State, may approve that person’s training programme as a programme leading to qualified teacher status. If that person successfully completes the training programme and is assessed as meeting the standards required of a person who seeks to become a qualified teacher he may be awarded qualified teacher status (see paragraph 10 of the new Schedule 3 to the principal Regulations, inserted by regulation 5 and Schedule 2 to these Regulations).

Regulation 7 revokes the Regulations listed in Schedule 3 to these Regulations to the extent specified therein.

Footnotes