The Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017 and come into force on 1st October 2017.

(2) In these Regulations—

“the 1980 Act” means the Education (Scotland) Act 1980; and

“registered teacher” means a teacher whose particulars are recorded in the register maintained by the General Teaching Council for Scotland under the Public Services Reform (General Teaching Council for Scotland) Order 2011(1) and includes a teacher—

(a)

whose registration has been marked as restricted; and

(b)

who, for the duration of that teacher’s registration being marked as restricted, is only employed as a teacher—

(i)

by their existing employer; and

(ii)

in their existing teaching post.

Prescribed Person

2.  In relation to a teacher or proposed teacher in an independent school, the class of persons prescribed under section 98A(6) of the 1980 Act, for the purposes of Part V (Independent Schools) of the 1980 Act, is any person who is not a registered teacher.

Transitory provision – teacher at an independent school who is not a registered teacher

3.  Where a person is employed by an independent school as a teacher on or before 1st October 2017, but is not a registered teacher, then that person is to be treated as not being in the class of persons prescribed by regulation 2 until 1st October 2020.

Transitory provision – application for registration of independent school made but not yet determined

4.  Where an application for the registration of an independent school under section 98A(1) of the 1980 Act—

(a) is made before 1st October 2017;

(b) is granted on, or after, 1st October 2017 but before 1st April 2018; and

(c) includes the full name and date of birth of a person as a teacher or proposed teacher in the school,

that person is to be treated as not being in the class of persons prescribed by regulation 2 until the day occurring 3 years after the day on which that application for registration as an independent school is granted by Scottish Ministers.

JOHN SWINNEY

A member of the Scottish Government

St Andrew’s House,

Edinburgh

25th July 2017