1. These Regulations may be cited as the Requirements for Teachers (Scotland) Regulations 2005 and shall come into force on 30th September 2005.
2. In these Regulations–
“the 1980 Act” means the Education (Scotland) Act 1980;
“the 2000 Act” means the Standards in Scotland’s Schools etc Act 2000;
“employ” means to employ a person as a teacher under a contract of employment or to appoint a person as a teacher otherwise than under a contract of employment;
“hearing impaired” means deaf or partially deaf; and
“visually impaired” means blind or partially sighted.
3. Every education authority shall employ adequate numbers of teachers in the schools under their management, with the appropriate professional skills and knowledge necessary to enable those teachers to undertake the teaching duties allocated to them.
4.—(1) Every education authority shall, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act employ only a registered teacher (“registered teacher” having the meaning set out in paragraph (2) below) as a teacher.
(1) “Registered teacher” in these Regulations means a teacher whose particulars are recorded in the register maintained by the General Teaching Council for Scotland under section 6 of the Teaching Council (Scotland) Act 1965(1) and includes a teacher whose registration has been marked as suspended on the basis however that, for the duration of that teacher’s registration being marked as suspended, such a teacher may only be employed as a teacher–
(a)by his or her existing employer, and
(b)in his or her existing teaching post.
5. Without prejudice to regulations 3 and 4, where, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act, an education authority employ a teacher wholly or mainly to teach hearing impaired pupils that teacher shall possess an appropriate qualification to teach such pupils.
6. Without prejudice to regulations 3 and 4, where, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act, an education authority employ a teacher wholly or mainly to teach visually impaired pupils that teacher shall possess an appropriate qualification to teach such pupils.
7. Without prejudice to regulations 3 and 4, where, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act, an education authority employ a teacher wholly or mainly to teach pupils who are both hearing and visually impaired that teacher shall possess an appropriate qualification to teach such pupils.
8. A teacher who does not possess a qualification as referred to in regulations 5, 6 or 7 may be employed by an education authority wholly or mainly to teach pupils who are hearing impaired, visually impaired or both hearing and visually impaired, if the education authority are satisfied that the teacher is in the process of obtaining a qualification as referred to in regulations 5, 6 or 7, provided that the aggregate period for which the teacher wholly or mainly teaches pupils who are hearing impaired, visually impaired or both hearing and visually impaired, does not exceed five years.
9. Any teacher, who immediately before 30th September 2005 possessed–
(a)a special qualification to act as a teacher of deaf pupils for the purposes of regulation 7(1) of the Schools (Scotland) Code 1956(2) shall be treated as possessing a qualification as referred to in regulation 5 above; or
(b)a special qualification to act as a teacher of blind pupils or as a blind teacher of the blind for the purposes of regulation 7(2) of the Schools (Scotland) Code 1956(3) shall be treated as possessing a qualification as referred to in regulation 6 above.
10. Regulations 3 and 4 shall apply to Jordanhill School, Glasgow, a company limited by guarantee and incorporated under the Companies Act 1985(4), as if for any reference to an education authority there were substituted a reference to Jordanhill School, Glasgow.
11. The Jordanhill School Grant Regulations 1988(5) shall be amended as follows:–
(a)in regulation 9, in lines 1 and 2, omit “the Schools (Scotland) Code 1956 and”; and
(b)in regulation 9(a) omit “in that Code and”.
12. The Regulations specified in column (1) of the Schedule are hereby revoked to the extent specified in column (3).
EUAN MACFARLANE ROBSON
Authorised to sign on behalf of the Scottish Ministers
St Andrew’s House, Edinburgh
16th June 2005