Statutory Instruments
EDUCATION, ENGLAND AND WALES
Made
7th May 1991
Laid before Parliament
8th May 1991
Coming into force
1st September 1991
The Secretary of State for Education and Science, in exercise of thepowers conferred on him by section 218(1)(c), (6) and 232(5) of theEducation Reform Act 1988(1) hereby makes the following Regulations:
1. These Regulations may be cited as the Education (Teachers)(Amendment) Regulations 1991 and shall come into force on 1st September1991.
2. The Education (Teachers) Regulations 1989(2) shall be amended as follows—
(1) In regulation 13, for“3 and 4” there shall be substituted“3, 4 and 4A”.
(2) In the heading to Schedule 3, after the words“LICENSED TEACHERS” there shall be inserted within the bracket the words“AND OVERSEAS TRAINED TEACHERS”.
(3) In paragraph 5(d)(i) of Schedule 4,“24” shall be substituted for“26”.
(4) There shall be inserted after the end of Schedule 4 thefollowing—
Regulation 13
1.—(1) This paragraph shall apply to a person who is nota qualified teacher but who has been granted an authorization to teachin accordance with Part 2 of this Schedule.
(2) Subject to the provisions of Part 3 of this Schedule, such a personmay be employed as a teacher in a school.
2. In this Schedule, and Schedule 5, unless the context otherwise requires,—
“authorization” means an authorization to teach granted to a person by theSecretary of State in accordance with Part 2 of this Schedule;
“overseas trained teacher” means a person to whom an authorization has been granted.
3.—(1) On the recommendation of the recommending body,acting, in the case of a school which has a delegated budget, with theconsent of the local education authority, the Secretary of State maygrant an authorization to the person named in that recommendation.
(2) Where the local education authority refuses to give its consent itshall notify the recommending body of its reasons in writing and shallreport the facts of the case to the Secretary of State.
4. A recommendation for an authorization shall contain such particulars asthe Secretary of State may determine.
5. Without prejudice to the generality of paragraph 4, a recommendation shall include:
(1) a statement by the recommending body that the person named in therecommendation:
(a)is in their opinion a suitable person to be a teacher; and
(b)has attained in English and mathematics the standard required toobtain grade C in the General Certificate of Secondary Education; and
(c)has successfully completed either—
(i)a first degree course in education at a university orequivalent educational institution outside England and Wales; or
(ii)a first degree course at a university or equivalenteducational institution in England or Wales or elsewhere, and apost-graduate course of initital training for teachers in schools at auniversity or equivalent educational institution outside England andWales (whether or not the same institution); and
(d)has been employed for not less than one year as a teacher orlecturer in a school, independent school, institution or university orother educational establishment either in England or Wales or elsewhereand was not dismissed on grounds other than redundancy;
(2) particulars of the training proposed to be given to the overseastrained teacher;
(3) a statement that
(a)the teacher may be employed in more than one school maintained bythe same local education authority during the period of theauthorization; or
(b)particulars of the post in which the overseas trained teacher is tobe employed, including
(i)the name of the school at which he is to be employed;
(ii)the age range of the pupils he is to teach;
(iii)any subjects in which the overseas trained teacher is tospecialise;
(iv)a statement as to whether the teacher is to be employedfull-time or part-time and in the latter case his normal working hours.
6.—(1) Subject to sub-paragraph (2), an authorizationshall remain in force
(a)in the case of a first authorization for a full-time post, for twoyears from the date of its commencement;
(b)in the case of a first authorization for a part-time post or asubsequent authorization (whether for a full-time or part-time post),for such period as may be specified in the authorization.
(2) (a) An authorization shall lapse if an overseas trained teacher towhom paragraph 5(3)(a) applies ceases to be employed by the localeducation authority which was the recommending body or with whoseconsent the recommending body acted pursuant to paragraph 3;
(b)an authorization shall lapse if an overseas trained teacherto whom paragraph 5(3)(b) applies ceases to be employed in the post ofwhich particulars are given in the authorization;
7. The recommending body and, in the case of a school which has a delegated budget, the local education authority shall cause the overseas trained teacher to receive during the period of the authorization the training particularsof which were given in pursuance of paragraph 5(2).
8. When the recommending body has submitted a recommendation to the Secretary of State pursuant to Part 2 of this Schedule, the person named in thatrecommendation may be provisionally employed as an overseas trainedteacher until 14 days after the Secretary of State has notified therecommending body of his decision whether or not to grant theauthorization.
9. Without prejudice to regulation 11, in any case wherean authorization lapses by virtue of paragraph 6(2) the recommendingbody shall report the facts of the case to the Secretary of State unlessthey have reported the facts of the case to him in pursuance of the dutyimposed by regulation 11."
(5) In paragraph 2(2)(c) of Schedule 5—
(a)in sub-paragraph (ii)“24” shall be substituted for“26” and there shall be inserted after the word“Crown” the words“or as an instructor under paragraph 3 of Schedule 3”;
(b)there shall be inserted after sub-paragraph (iii) the following—
“(iv)a statement that he has successfully completed not less than oneterm’s service as an overseas trained teacher and the training proposedin the recommendation for an authorization; or”.”
Kenneth Clarke
Secretary of State for Education and Science
7th May 1991
(This note is not part of the Regulations)
These Regulations make further amendments to the Education(Teachers) Regulations 1989, as amended by the Education (Teachers)(Amendment) (No. 2) Regulations 1989 and the Education (Teachers)(Amendment) Regulations 1990.
Regulation 13 has been amended and a new Schedule 4A inserted toprovide for the grant of authorizations to teach to overseas trainedteachers possessing certain academic and other qualifications. Overseastrained teachers may become qualified teachers after satisfactorycompletion of training and a minimum of one term’s service by virtue ofa new sub-paragraph (iv) inserted in Schedule 5 paragraph 2(2)(c).
The minimum age for licensed teachers has been reduced from 26 to24. (Schedule 4 paragraph 5(1)(d)(i) and Schedule 5 paragraph2(2)(c)(ii).)
Schedule 5 paragraph 2(2)(c)(ii) has further been amended so thatservice as an instructor under paragraph 3 of Schedule 3 may be takeninto account for the purposes of a recommendation for qualified teacherstatus.