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Education Act 2002

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This is the original version (as it was originally enacted).

School teachers' qualifications

132Qualified teacher status

(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.

133Requirement to be qualified

(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.

134Requirement to be registered

(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.

135Head teachers

(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.

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