The Education (Teachers) (Amendment) Regulations 1995

Regulation 4(2)

SCHEDULE 2

Regulations 3(2) and 13

“SCHEDULE 3 QUALIFIED TEACHERS AND TRANSITIONAL PROVISIONS RELATING TO QUALIFIED TEACHERS

PART I GENERAL

1.— (1) A person shall be a qualified teacher for the purposes of regulation 13 (but subject to regulations 14 to 16)—

(a) if he was qualified to be employed as a teacher on 31st March 1993 by virtue of Schedule 5 to the 1989 Regulations; or

(b) if, the Secretary of State being satisfied on or after 1st April 1993 that he is a person mentioned in paragraph 2 and, if he is a person mentioned in paragraph 2(7), (8) or (9), that the statement submitted by the recommending body, the States of Guernsey Education Council or the person carrying on the city college (as the case may be) is correct, he has received written notification from the Secretary of State that he is a qualified teacher,

and in the case of a person receiving written notification under (b) the person shall, subject to sub–paragraphs (2) and (3), be qualified from such date as the Secretary of State may provide in the notification.

(2) The Secretary of State may provide for a person mentioned in paragraph 2 to be a qualified teacher from a date not more than one year prior to the date of notification to the extent that that is appropriate having regard to all the circumstances of the case.

(3) In the case of a person mentioned in paragraph 2(7), (8) or (9), the Secretary of State shall not provide for the person to be a qualified teacher from a date prior to the date on which he completed the period of service as a licensed teacher, overseas trained teacher or registered teacher (as the case may be) specified in the statement of the recommending body, the States of Guernsey Education Council or the person carrying on the city college (as the case may be).

(4) Notwithstanding the provisions of paragraphs 10(2), 17(2), 26(2) and 33(2) of Schedule 2, where the school or any of the schools in which a licensed teacher or overseas trained teacher has been employed has changed its status to another type of school or institution during the period of the licence or authorisation, then for the purpose of paragraph 2(7)—

(a) service in the same post or in the employment of the same local education authority shall constitute service as a licensed teacher or overseas trained teacher; and

(b) any successor to the recommending body on whose recommendation the Secretary of State or the Teacher Training Agency granted the licence or authorisation may act as the recommending body.

2.— (1) The person has successfully completed a course at a school, city college, institution or university in England or Wales which—

(a) is either—

(i) for the degree of Bachelor of Education, a certificate in Education, a post– graduate certificate in Education or a comparable qualification awarded by a university in England or Wales, or

(ii) a post–graduate course of teacher training at a school or city college;

(b) may only be followed by those who have attained in English and mathematics the standard required to obtain Grade C in the General Certificate of Secondary Education; and

(c) was approved at the time when the person completed it as a course for the initial training of teachers in schools.

(2) The person—

(a) holds a degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution; and

(b) has successfully completed a course of initial training for teachers in schools at an accredited institution in England or Wales.

• For the purposes of this sub-paragraph—

  (i)

  a “United Kingdom institution” means an institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is outside the United Kingdom, and includes the Council for National Academic Awards(1),

  (ii)

  a “foreign institution” means any institution other than a United Kingdom institution, and

  (iii)

  an “accredited institution” means an institution accredited by the Teacher Training Agency or, in Wales, by the Higher Education Funding Council for Wales as a provider of courses satisfying such criteria as may from time to time be specified by the Secretary of State.

(3) The person has successfully completed a course of initial training for teachers in schools at an educational institution in Scotland or Northern Ireland.

(4) The person is registered as a teacher of primary or secondary education with the General Teaching Council for Scotland.

(5) The person has been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Department of Education, Northern Ireland Office, that confirmation not having been subsequently withdrawn.

(6) The person is a person who, as respects the profession of school teacher, falls within Article 3 of Council Directive 89/48 EEC(2) on a general system for the recognition of higher–education diplomas awarded on completion of professional education and training of at least three years' duration, as extended by the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(3) as adjusted by the Protocol signed at Brussels on 17th March 1993(4).

(7) (a) Where the person has been granted a licence or authorisation after 31st March 1995 on the recommendation of a governing body in England, the recommending body has submitted to the Secretary of State a recommendation that the person should be awarded qualified teacher status and has submitted one of the statements described in sub–sub–paragraph (c).

(b) Where the person has been granted a licence or authorisation on the recommendation of a recommending body in Wales or before 1st April 1995 on the recommendation of a recommending body in England and the recommending body, acting in the case of a school which has a delegated budget with the consent of the local education authority, has submitted to the Secretary of State a recommendation that the person should be awarded qualified teacher status (where the local education authority refuses to give its consent it shall notify the recommending body of its reasons in writing and shall report the facts of the case to the Secretary of State) and has submitted one of the statements described in sub– sub–paragraph (c).

(c) The statements are—

(i) a statement that he has successfully completed two school years' full–time service or the period of part–time service specified in the licence as a licensed teacher and the training proposed in the recommendation for a licence;

(ii) a statement that he has successfully completed not less than one school year’s service as a licensed teacher and the training proposed in the recommendation for a licence and that before the date of commencement of the licence he had attained the age of 24 years and had been employed for not less than two years as a teacher or lecturer at an independent school (including a city college), or an institution or a university in the United Kingdom or as an Instructor or Education Officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 3 to the 1989 Regulations or paragraph 3 of Schedule 2 and was not dismissed on grounds other than redundancy;

(iii) a statement that he has successfully completed not less than one school term’s service as a licensed teacher and the training proposed in the recommendation for a licence and that before the date of commencement of the licence he had successfully completed either—

• a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales; or

• a first degree course and a post–graduate course of initial teacher training for teachers in schools at such an institution (whether or not the same institution);

and that he had been employed for not less than one year as a teacher or lecturer in a school, independent school (including a city college), institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy; or

(iv) a statement that the person has successfully completed not less than one school term’s service as an overseas trained teacher and the training proposed in the recommendation for an authorisation.

(8) The States of Guernsey Education Council has submitted to the Secretary of State a recommendation that the person should be awarded qualified teacher status and—

(a) a statement that he has successfully completed two school years' full–time service or the equivalent period of part–time service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence;

(b) a statement that he has successfully completed not less than one school year’s service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence and that before the date of commencement of the licence he had attained the age of 24 years and had been employed for not less than two years as a teacher or lecturer at an independent school (including a city college), or an institution or a university in the United Kingdom or as an Instructor or Education Officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 3 to the 1989 Regulations or paragraph 3 of Schedule 2 and was not dismissed on grounds other than redundancy; or

(c) a statement that he has successfully completed not less than one school term’s service as a licensed teacher and the training proposed in the recommendation for a licence; and that before the date of commencement of the licence he had successfully completed either—

(i) a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales; or

(ii) a first degree course and a post–graduate course of initial teacher training for teachers in schools at such an institution (whether or not the same institution); and

that he had been employed for not less than one year as a teacher or lecturer in a school, independent school (including a city college), institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy.

(9) The person carrying on a city college has submitted to the Secretary of State a recommendation that the person should be awarded qualified teacher status and—

(a) a statement that he has successfully completed two school years' full–time service as a registered teacher, or the period of part–time service specified by the Secretary of State or the Teacher Training Agency at the time of registration, and the training proposed in the recommendation for registration;

(b) a statement that he has successfully completed not less than one school year’s service as a registered teacher and the training proposed in the recommendation for registration and that before the date of registration he had attained the age of 24 years and had been employed for not less than two years as a teacher or lecturer at a city college or another independent school or an institution or a university in the United Kingdom or as an Instructor or Education Officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 3 to the 1989 Regulations or paragraph 3 of Schedule 2 and was not dismissed on grounds other than redundancy; or

(c) a statement that he has successfully completed not less than one school term’s service as a registered teacher and the training proposed in the recommendation for registration and that before the date of registration he has successfully completed either—

(i) a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales; or

(ii) a first degree course and a post–graduate course of initial teacher training for teachers in schools at such an institution (whether or not the same institution); and

that he had been employed for not less than one year as a teacher or lecturer in a school, city college or another independent school, or an institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy.

PART II REGISTERED TEACHERS

3.   On the recommendation of a person carrying on a city college the Teacher Training Agency may register the person named in that recommendation as a registered teacher, and shall notify the person carrying on the city college of their decision whether or not to register the person named in the recommendation.

4.— (1) A recommendation for registration shall in particular include the matters set out in sub–paragraphs (2) to (4) below.

(2) It shall include a statement by the person carrying on the city college that the person named in the recommendation—

(a) is in the opinion of the person making the statement a suitable person to be a teacher at a school;

(b) has attained in English and mathematics the standard required to obtain Grade C in the General Certificate of Secondary Education;

(c) has successfully completed—

(i) not less than two years' full–time higher education in England or Wales, or

(ii) comparable education either full–time or part–time whether in England or Wales or elsewhere; and

(d) (i) will have attained the age of 24 years by the date on which it is proposed he shall become a registered teacher, or

(ii) is recognised as a trained teacher by the competent authority in any country outside the United Kingdom;

(3) It shall include particulars of the training proposed to be given to the registered teacher.

(4) It shall include particulars of the post in which the registered teacher is to be employed, including—

(a) the age range of the pupils he is to teach;

(b) any subjects in which he is to specialise; and

(c) a statement as to whether the registered teacher is to be employed full–time or part– time and in the latter case his normal working hours.

5.— (1) Subject to sub–paragraph (2), registration shall remain in force—

(a) in the case of a first registration for a full–time post, for two years from the date of its commencement; or

(b) in the case of a first registration for a part–time post or a subsequent registration (whether for a full–time or part–time post) for such period as may be specified by the Secretary of State or the Teacher Training Agency at the time of registration.

(2) Registration shall lapse if the registered teacher ceases to be employed in the post of which particulars are given in the registration.

(3) For the purpose of this paragraph “date of commencement” means the date specified in the registration as its date of commencement.

6.   The person carrying on the city college shall cause the registered teacher to receive during the period of registration the training, particulars of which were given in the recommendation.

7.   Without prejudice to regulation 11, in any case where registration lapses by virtue of paragraph 5(2) the person carrying on the city college shall report the facts of the case to the Teacher Training Agency, or, if the person was registered by the Secretary of State, to the Secretary of State, unless he has reported the facts of the case to him in pursuance of the duty imposed by regulation 11.”

(1)

The Council for National Academic Awards was dissolved by S.I. 1993/924 on 20th April 1993.

(2)

OJ No. L19, 24.1.89, p.16.

(3)

Cm. 2073.

(4)

Cm. 2183.