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Education Act 2002
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- 2002 c. 32
- Part 8
- School teachers’ qualifications
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- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act Education Acts modified (temp.) by 2006 c. 40 Sch. 6 para. 3(3)
- Act applied by S.I. 2005/397 reg. 2
- Act modified by 2005 c. 18 s. 96(2)
- Act text amended by S.I. 2010/1158 Sch. 2 para. 11(2)(3)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 23A inserted by 2006 c. 40 s. 34
- s. 28A inserted by 2005 c. 18 s. 105
- s. 29A inserted by 2008 c. 25 s. 154
- s. 29B inserted by 2008 c. 25 s. 157
- s. 30A inserted by 2005 c. 18 s. 104
- s. 30A repealed by 2011 c. 21 s. 32(1)
- s. 33B inserted by 2009 nawm 1 s. 23
- s. 51A applied (with modifications) by S.I. 2012/1033 reg. 21
- s. 51A inserted by 2011 c. 21 s. 4(2)
- s. 62A applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 18(1)
- s. 62A inserted by 2006 c. 40 Sch. 7 para. 20
- s. 62A(1A)-(1C) inserted by 2009 c. 22 s. 204(2)
- s. 62A(4) words inserted by 2009 c. 22 s. 204(3)
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 Sch. 8 para. 20(b)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 116A and cross-heading inserted by 2009 nawm 1 s. 4
- s. 116B inserted by 2009 nawm 1 s. 5
- s. 116C inserted by 2009 nawm 1 s. 6
- s. 116D inserted by 2009 nawm 1 s. 7
- s. 116E inserted by 2009 nawm 1 s. 8
- s. 116F inserted by 2009 nawm 1 s. 9
- s. 116G inserted by 2009 nawm 1 s. 10
- s. 116H inserted by 2009 nawm 1 s. 11
- s. 116I inserted by 2009 nawm 1 s. 12
- s. 116J inserted by 2009 nawm 1 s. 13
- s. 116J(5)(b)(c) omitted by 2011 nawm 7 s. 9(3)(b)(ii)
- s. 116J(5)(aa) inserted by 2011 nawm 7 s. 9(3)(b)(i)
- s. 116K inserted by 2009 nawm 1 s. 14
- s. 116L inserted by 2009 nawm 1 s. 15
- s. 116M inserted by 2009 nawm 1 s. 16
- s. 116N inserted by 2009 nawm 1 s. 17
- s. 116O inserted by 2009 nawm 1 s. 18
- s. 135A-135C and cross-heading inserted by 2011 c. 21 s. 9
- s. 135A(1)(c) words inserted by S.I. 2012/976 Sch. para. 12
- s. 135A(1)(d) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(a)
- s. 135A(2)(k) words substituted by 2011 c. 21 Sch. 13 para. 13(2)(b)
- s. 135A(5) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(c)
- s. 141A-141E and cross-heading inserted by 2011 c. 21 s. 8(1)
- s. 141A(1)(ba) inserted by 2011 c. 21 Sch. 13 para. 13(3)
- s. 141D(4) words inserted by 2011 c. 21 Sch. 13 para. 13(4)
- s. 141F-141H and cross-heading inserted by 2011 c. 21 s. 13(1)
- s. 156A inserted by 2008 c. 25 Sch. 1 para. 15
- s. 156AA inserted by S.I. 2012/976 Sch. para. 13
- s. 162A 162B inserted by 2005 c. 18 Sch. 8 para. 2
- s. 162A repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162A(4) repealed by 2006 c. 40 Sch. 14 para. 73(2) Sch. 18 Pt. 5
- s. 162A(5) words substituted by 2006 c. 40 Sch. 14 para. 73(3)
- s. 162B repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162B(8) repealed by 2006 c. 40 Sch. 14 para. 74 Sch. 18 Pt. 5
- s. 167A-167D and cross-heading inserted by 2006 c. 40 s. 169
- s. 167A(6)(a) repealed by 2008 c. 25 Sch. 1 para. 22(a) Sch. 2
- s. 167A(6)(b) words repealed by 2008 c. 25 Sch. 1 para. 22(b) Sch. 2
- s. 167B(1) words substituted by S.I. 2008/2833 Sch. 3 para. 196
- s. 167C amendment to earlier affecting provision 2008 c. 25 Sch. 1 para. 23 by 2011 c. 21 Sch. 2 para. 20(b)
- s. 167C 167D substituted by 2008 c. 25 Sch. 1 para. 23
- s. 167C words substituted by 2009 c. 26 s. 81(2)s. 81(3)(k)
- s. 167C words substituted by 2009 c. 26 s. 81(4)(a)
- s. 168A-168C inserted by 2006 c. 40 s. 172(2)
- s. 208A inserted by 2009 c. 22 Sch. 6 para. 55
- s. 208A omitted by 2011 c. 21 Sch. 16 para. 20
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
- Sch. 11A inserted by 2011 c. 21 s. 8(2)
- Sch. 11B inserted by 2011 c. 21 Sch. 4
- Sch. 11B para. 7(2)(a)(ii) words substituted by S.I. 2012/1809 art. 3(1) Sch. Pt. 1
Commencement Orders yet to be applied to the Education Act 2002:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
- S.I. 2003/1718 art. 4-6 Sch. commences (2002 c. 32)
- S.I. 2003/2071 art. 2 commences (2002 c. 32)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2003/2992 art. 3 amendment to earlier commencing SI 2002/2439
- S.I. 2004/912 art. 4 5 commences (2002 c. 32)
- S.I. 2004/1318 art. 2 commences (2002 c. 32)
- S.I. 2004/1728 art. 4 5 commences (2002 c. 32)
- S.I. 2005/1395 art. 4 commences (2002 c. 32)
- S.I. 2005/2910 art. 4 commences (2002 c. 32)
- S.I. 2006/172 art. 4 5 commences (2002 c. 32)
- S.I. 2006/879 art. 4 commences (2002 c. 32)
- S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
- S.I. 2006/2895 art. 2 commences (2002 c. 32)
- S.I. 2007/3611 art. 4 commences (2002 c. 32)
- S.I. 2008/1728 art. 3 commences (2002 c. 32)
- S.I. 2010/707 art. 3 commences (2002 c. 32)
- S.I. 2011/1952 art. 2 commences (2002 c. 32)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/2938 art. 3(a) commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2570 art. 2 amendment to earlier commencing SI 2003/1667
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/2129 art. 3 4 commences (2005 c. 18)
- S.I. 2007/935 art. 7(i) commences (2006 c. 40)
- S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
- S.I. 2007/1271 art. 2 3 commences (2006 c. 40)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/3505 arts. 2-6 commences (2007 c. 25)
- S.I. 2008/313 art. 2 3 commences (2007 c. 25)
- S.I. 2008/1429 art. 3 commences (2006 c. 40)
- S.I. 2008/2261 art. 2 commences (2006 c. 21)
- S.I. 2009/371 art. 2 Sch. commences (2008 nawm 2)
- S.I. 2009/1606 art. 2 commences (2008 c. 25)
- S.I. 2009/2545 art. 3 commences (2006 c. 40)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/3174 art. 2 commences (2009 nawm 1)
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/735 art. 2 commences (2005 c. 18)
- S.I. 2010/1093 art. 2 3 commences (2008 c. 25)
- S.I. 2010/1101 art. 2-5 commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1817 art. 2-4 commences (2010 c. 26)
- S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2010/2413 art. 2 commences (2009 c. 22)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/97 art. 2 commences (2009 nawm 1)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.I. 2011/1951 art. 2 commences (2009 nawm 5)
- S.I. 2012/84 art. 2 3 commences (2011 c. 21)
- S.I. 2012/191 art. 2-5 commences (2010 nawm 1)
- S.I. 2012/924 art. 2 Coming into force
- S.I. 2012/1087 art. 2 3 commences (2011 c. 21)
- S.I. 2012/1187 art. 2 commences ()
- S.I. 2012/1187 art. 2(1)(q) commences (2011 nawm 4)
- S.I. 2012/2231 art. 4(b) commences (2006 c. 47)
- S.R. 2005/282 art. 2-5 commences (2004 c. 4)
School teachers’ qualificationsE+W
132 Qualified teacher statusE+W
(1)A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.
(2)A requirement of regulations under this section may relate to—
(a)the possession of a specified qualification or experience of a specified kind;
(b)participation in or completion of a specified programme or course of training;
(c)compliance with a specified condition;
(d)an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.
(3)The Secretary of State shall consult the General Teaching Council for England before making regulations under this section which make provision by reference to—
(a)the content of a course or programme, or
(b)the standard of education or training provided through a course or programme.
(4)The National Assembly for Wales shall consult the General Teaching Council for Wales before making regulations under this section which make provision by reference to—
(a)the content of a course or programme, or
(b)the standard of education or training provided through a course or programme.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
C1S. 132 amended (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 6(1)
Commencement Information
I1S. 132 partly in force; s. 132 not in force at Royal Assent, see s. 216; s. 132 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
133 Requirement to be qualifiedE+W
(1)Regulations may provide that specified work may not be carried out by a person in a school unless he—
(a)is a qualified teacher, or
(b)satisfies specified requirements.
(2)Regulations specifying work for the purpose of this section may make provision by reference to—
(a)one or more specified activities, or
(b)the circumstances in which activities are carried out.
(3)Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).
(4)A requirement of regulations under this section may, in particular, relate to—
(a)the possession of a specified qualification or experience of a specified kind;
(b)participation in or completion of a specified programme or course of training;
(c)compliance with a specified condition;
(d)an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.
(5)Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).
(6)In this section “school” means—
(a)a school maintained by a local education authority, or
(b)a special school not so maintained.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I2S. 133 partly in force; s. 133 not in force at Royal Assent, see s. 216; s. 133 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
134 Requirement to be registeredE+W
(1)Regulations may provide that specified work may be carried out in a school by a qualified teacher only if he is registered with full registration under section 3 of the Teaching and Higher Education Act 1998 (c. 30) (register maintained by General Teaching Council).
(2)Regulations may provide that work may be carried out by a person in reliance on section 133(1)(b) only if he is registered with provisional registration under section 3 of the Teaching and Higher Education Act 1998.
(3)Regulations may provide that a person may undertake a specified course of training with a view to becoming a qualified teacher only if he is registered with provisional registration under that section.
(4)Regulations specifying work for the purpose of subsection (1) or (2) may make provision by reference to—
(a)one or more specified activities, or
(b)the circumstances in which activities are carried out.
(5)In this section “school” means—
(a)a school maintained by a local education authority, or
(b)a special school not so maintained.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
C2S. 134(1) amended (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 7
Commencement Information
I3S. 134 partly in force; s. 134 not in force at Royal Assent, see s. 216; s. 134(1)(4)(5) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
135 Head teachersE+W
(1)Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.
(2)Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).
(3)A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.
(4)Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—
(a)pending the appointment of a head teacher, or
(b)in the absence of the head teacher.
(5)In this section “school” means—
(a)a school maintained by a local education authority, or
(b)a special school not so maintained.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Commencement Information
I4S. 135 partly in force; s. 135 not in force at Royal Assent, see s. 216; s. 135 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I
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