The Education Workforce Council (Main Functions) (Wales) Regulations 2015

Made: 3 February 2015

Laid before the National Assembly for Wales: 6 February 2015

Coming into force: 1 April 2015

The Welsh Ministers in exercise of the powers conferred on them by sections 10(2)(b), 13, 14, 15, 25, 26(6), 28, 33, 35(4), 36(2), 37(2) and 47(1) of, and paragraph 12 of Schedule 2 to, the Education (Wales) Act 2014[^f00001] make the following Regulations:

PART 1 — Introduction

Title, commencement and application

1

• (1) The title of these Regulations is the Education Workforce Council (Main Functions) (Wales) Regulations 2015 and they come into force on 1 April 2015.

• (2) These Regulations apply in relation to Wales.

• (3) Part 7 of these Regulations does not apply where a relevant employer or an agent is required to provide information to the Disclosure and Barring Service under sections 35, 36 or 39 of the Safeguarding Vulnerable Groups Act 2006[^f00002] in relation to a registered person’s case, the facts of which they would otherwise be required to report under regulation 45(1) or 46(1) in Part 7 of these Regulations.

Revocation, savings and transitional provisions

2

• (1) Subject to paragraph (2) the Regulations in Part 1 of Schedule 1 are revoked.

• (2) The savings and transitional provisions mentioned in Part 2 of Schedule 1 have effect.

Interpretation

3

• (1) In these Regulations—

• “the 1996 Act” (“Deddf 1996”) means the Employment Rights Act 1996[^f00003];

• “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998[^f00004];

• “the 2002 Act” (“Deddf 2002”) means the Education Act 2002[^f00005];

• “the 2014 Act” (“Deddf 2014”) means the Education (Wales) Act 2014;

• “the 1959 Regulations” (“Rheoliadau 1959”) means the Schools Regulations 1959[^f00006];

• “the 1982 Regulations” (“Rheoliadau 1982”) means the Education (Teachers) Regulations 1982[^f00007];

• “the 1989 Regulations” (“Rheoliadau 1989”) means the Education (Teachers) Regulations 1989[^f00008];

• “the 2002 Regulations” (“Rheoliadau 2002”) means the Further Education Teachers’ Qualifications (Wales) Regulations 2002[^f00009];

• “the 2004 Regulations” (“Rheoliadau 2004”) means the Education (School Teachers’ Qualifications) (Wales) Regulations 2004[^f00010];

• “advanced skills teacher” (“athro neu athrawes uwch-sgiliau”) means a teacher who has been certified by an assessor appointed by the Secretary of State as eligible for appointment to an advanced skills teacher post;

• “agent” (“asiant”) has the meaning given by section 37 of the 2014 Act;

• “An Chomhairle Mhúinteoireachta or the Teaching Council” (“An Chomhairle Mhúinteoireachta neu’r Cyngor Addysgu”) means the Teaching Council established under section 5 of the Teaching Council Act, 2001[^f00011] (which body has functions corresponding to those of the Council in relation to the Republic of Ireland);

• “appropriate body” (“corff priodol”) has the same meaning as in the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2005[^f00012];

• “arrangements” (“trefniadau”) means arrangements of the kind referred to in section 37(1) of the 2014 Act for a person who is a registered person to provide relevant services in Wales;

• “assistant head teacher” (“pennaeth cynorthwyol”) means a qualified teacher (within the meaning of section 132 of the 2002 Act) with leadership responsibilities across the whole school who is appointed to the post of assistant head teacher;

• “Code of Practice” (“Cod Ymarfer”) means the code of practice prepared and published under section 24 of the 2014 Act;

• “disciplinary proceedings” (“achos disgyblu”) in relation to a registered person in Wales means disciplinary proceedings under sections 26 to 32 of the 2014 Act;

• “employer” (“cyflogwr”) means a person who employs or engages to provide a registered person to provide relevant services;

• “Fitness to Practise Committee” (“Pwyllgor Addasrwydd i Ymarfer”) means a committee established under regulation 22;

• “further education teacher” (“athro neu athrawes addysg bellach”) means a person registered in the further education teacher category of registration;

• “independent school” (“ysgol annibynnol”) has the same meaning as in section 463 of the Education Act 1996[^f00013];

• “induction period” (“cyfnod sefydlu”) means an induction period served in accordance with regulations made in relation to England or Wales under—section 19 of the 1998 Act;section 135A of the 2002 Act; orsection 17 of the 2014 Act;

• “Induction Regulations” (“Rheoliadau Sefydlu”) means the regulations made under the powers set out in the definition of “induction period”;

• “Investigating Committee” (“Pwyllgor Ymchwilio”) means a committee established under regulation 20;

• “leading practitioner” (“ymarferydd arweiniol”) means a teacher who is paid on the leading practitioner pay range as determined by the Secretary of State and set out in a document given legal effect by order under section 122 of the 2002 Act[^f00014];

• “main pay range” (“prif ystod cyflog”) means the main pay range determined by the Secretary of State and set out in a document given legal effect under section 122 of the 2002 Act[^f00015];

• “nominated teacher” (“athro neu athrawes enwebedig”) means a person who is mentioned in paragraphs 3, 4, 5, 6 or 7 of Schedule 3 to these Regulations and who is nominated by the head teacher where the head teacher considers that appropriate in the circumstances

• “post-threshold teacher” (“athro neu athrawes ôl-drothwy”) means a teacher who meets the criteria determined by the Secretary of State for that post and set out in a document given legal effect by order under section 122 of the 2002 Act[^f00016];

• “qualified teacher” (“athro neu athrawes gymwysedig”) has the same meaning as in section 132(1) of the 2002 Act;

• “the Register” (“y Gofrestr”) means the register established and maintained under section 9 of the 2014 Act, and “registration” (“cofrestru”) means registration on the Register;

• “registered teacher” (“athro neu athrawes gofrestredig”) means a person registered in the school teacher category of registration;

• “registered person” (“person cofrestredig”) has the meaning given to it in section 41(1) of the 2014 Act;

• “relevant offence” (“trosedd berthnasol”) in relation to Wales has the same meaning as in section 27(1) of the 2014 Act and in relation to England has the same meaning as in section 141B(4) of the Education Act 2002;

• “school maintained by a local authority” (“ysgol a gynhelir gan awdurdod lleol”) has the same meaning as in section 142(1) of the School Standards and Framework Act 1998;

• “serious professional incompetence” (“anghymhwysedd proffesiynol difrifol”) means conduct which demonstrates a level of competence which falls seriously below that expected of a registered person taking into account all the relevant circumstances;

• “services (“gwasanaethau”) means services provided to a relevant employer in Wales and includes professional and voluntary services;

• “special school” (“ysgol arbennig”) has the same meaning as in section 337 of the Education Act 1996;

• “unacceptable professional conduct” (“ymddygiad proffesiynol annerbyniol”) means conduct which falls short of the standard expected of a registered person; and

• “upper pay range” (“ystod cyflog uwch”) means the upper pay range determined by the Secretary of State and set out in a document given legal effect under section 122 of the 2002 Act[^f00017].

• (2) In these Regulations a reference to a head teacher includes to a reference a person appointed to carry out the functions of the head teacher of the school—

• (a) pending the appointment of a head teacher, or

• (b) in the absence of the head teacher.

• (3) In these Regulations a reference to a deputy head teacher includes a reference a person appointed to carry out the functions of the deputy head teacher of the school—

• (a) pending the appointment of a deputy head teacher, or

• (b) in the absence of the deputy head teacher.

PART 2 — Registration

Eligibility for registration: induction period

4

• (1) This regulation applies to a person who, having served an induction period has failed to complete it satisfactorily for the purposes of the Induction Regulations.

• (2) Such a person is eligible for registration—

• (a) during the time for making an appeal under the Induction Regulations against the decision that they have failed satisfactorily to complete an induction period; and

• (b) where such an appeal is made, pending the outcome of the appeal.

Applications for registration

5

The Council may make provision as to—

• (a) the form and manner in which applications for registration are to be made; and

• (b) the documentary and other evidence which is to accompany applications for registration.

Notice of decision

6

• (1) The Council must serve notice of its decision to grant or refuse the application on the—

• (a) applicant for registration; and

• (b) employer (where applicable).

• (2) In the case of a refusal to register, the notice served under paragraph (1) must state—

• (a) the grounds on which the decision was taken, and

• (b) where the refusal was on the ground that the Council was not satisfied on the applicant’s suitability for registration it must notify the applicant of—

• (i) their right to appeal to the High Court against the decision made, and

• (ii) the time period set out in section 11(2) of the 2014 Act for making such an appeal.

• (3) A notice required to be served on a person under this regulation may be served in accordance with regulation 54.

Provisional registration

7

• (1) A person is eligible for provisional registration if for the time being that person meets the following condition in this regulation.

• (2) The ... condition is that the person is—

• (a) a qualified teacher; and

• (b) yet to satisfactorily complete an induction period.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registration on establishment of the Register

8

• (1) The Council may register persons who have not made applications for registration but who are eligible for registration for the first time.

• (2) The Council must send written notice of their registration to all persons registered under paragraph (1).

• (3) The Council must provide free of charge a copy of the information recorded on the Register against the name of a person registered under paragraph (1), if that person so requests.

• (4) A notice required to be served on a person under this regulation must be served in accordance with regulation 54.

Content of the Register

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• (1) The Council must record in the Register the information set out in Part 1 of Schedule 2 against the names of all registered persons.

• (2) The Council must record in the Register the information set out in Part 2 of Schedule 2 against the names of those persons registered in the category of school teacher.

• (3) The Council may record in the Register the information set out in Part 2 of Schedule 2 against the names of those persons registered in a category of registration other than that of school teacher.

• (4) The Council may make provision as to additional matters to be recorded in the Register.

Division of the Register into separate parts

10

The Council may make provision as to the division of the Register into separate parts.

Amending entries on the Register

11

The Council may make provision as to the restoration and alteration of entries on the Register, and the transfer of entries between different parts of the Register.

Removal of entries from the Register

12

The Council may make provision—

• (a) for it to refuse an application for registration until the appropriate registration fee has been paid; and

• (b) as to the removal of entries from the Register where the persons concerned have ceased to be eligible for registration, have failed to pay a registration fee, or otherwise.

Issue and form of certificates of registration

13

The Council may make provision as to the issuing of certificates of registration to registered persons, and as to the form of such certificates.

Public access to the Register

14

• (1) The Council must on receipt of a request from a member of the public inform that member of the public whether or not a person is a registered person.

• (2) A reply by the Council to a request under paragraph (1) must contain the following information—

• (a) the name of the registered person;

• (b) the category of registration in which that person is registered;

• (c) the school or institution in which they are currently employed or otherwise engaged (if applicable); and

• (d) such other particulars as the Council may determine.

• (3) The Council may make available the names of persons on the Register in such manner as the Council determines.

PART 3 — Requirement to be registered: school teachers

Requirement to be qualified

15

• (1) No person may carry out work specified in regulation 17 in a school unless they—

• (a) are a qualified teacher; or

• (b) satisfy the requirements specified in at least one of the paragraphs of Schedule 3.

• (2) This regulation is subject to regulation 18A (circumstances in which a learning support worker may carry out the work specified in regulation 17).

Extension of specified period

16

Where any person is permitted to carry out work specified in regulation 17 for a specified period by virtue of regulation 18A or any of the provisions of Schedule 3, that period will be extended by a period equal to the aggregate of any period or periods during which the person concerned is absent from work—

• (a) in exercise of that person’s—

• (i) right to maternity leave conferred by section 71 or 73 of the 1996 Act[^f00019] or a contract of employment and has the right to return to work by virtue of either of these sections or a contract of employment;

• (ii) right to parental leave conferred by section 76 of the 1996 Act;

• (iii) right to paternity leave conferred by section 80A or 80B of the 1996 Act[^f00020]; ...

• (iv) right to adoption leave conferred by section 75A or 75B of the 1996 Act[^f00021]; ...

• (v) right to shared parental leave conferred by section 75E or 75G of the 1996 Act; or

• (vi) right to parental bereavement leave conferred by section 80EA of the 1996 Act; or

• (b) because of pregnancy.

Specified work

17

• (1) Each of the following activities is specified work for the purposes of these Regulations—

• (a) planning and preparing lessons and courses for pupils;

• (b) delivering lessons to pupils;

• (c) assessing the development, progress and attainment of pupils; ...

• (d) reporting on the development, progress and attainment of pupils.

• (e) undertaking a senior leadership role in managing teaching and learning at the school.

• (2) In paragraph (1)(b) “delivering” includes delivery via distance learning or computer aided techniques.

Requirement to be registered: school teachers

18

Qualified teachers may carry out work specified in regulation 17 in a school only if they are registered under section 9 of the 2014 Act (register maintained by the Council) in the category of school teacher.

PART 4 — Requirements relating to further education teachers

Requirement to be registered: further education teachers

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• (1A) A person may not provide education in or for a further education institution unless—

• (a) the conditions in paragraphs (1B) and (1C) are met, or

• (b) paragraph (1D) applies.

• (1B) The first condition is that the person must be registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education teacher.

• (1C) The second condition is that the person must—

• (a) have at least one of the specified qualifications, or

• (b) meet the alternative requirement specified in Part 2 of Schedule 6.

• (1D) A person who complies with the first condition but who does not comply with the second condition may, if they are working towards a specified qualification, work as a further education teacher for a period not exceeding—

• (a) 3 years from the date on which they started working towards the qualification where the person is employed full-time, or