The Education (School Teachers) (Qualifications and Specified Work) (Miscellaneous Amendments) (England) Regulations 2012

Statutory Instruments

2012 No. 1736

Education, England

The Education (School Teachers) (Qualifications and Specified Work) (Miscellaneous Amendments) (England) Regulations 2012

Made

3rd July 2012

Laid before Parliament

9th July 2012

Coming into force

1st September 2012

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 132(1) and (2), 133(1), (4) and (5), 145(1), and 210(7) of the Education Act 2002(1):

Citation and commencement

1.  These Regulations may be cited as the Education (School Teachers) (Qualifications and Specified Work) (Miscellaneous Amendments) (England) Regulations 2012 and come into force on 1st September 2012.

Amendments to the Education (School Teachers’ Qualifications) (England) Regulations 2003

2.—(1) The Education (School Teachers’ Qualifications) (England) Regulations 2003(2) are amended as follows.

(2) In Schedule 2 (Qualified Teacher Status Requirements)—

(a) in paragraph 7(c) omit “(except a pupil referral unit)”; and

(b) in paragraph 10(3) omit “except a pupil referral unit”.

Amendments to the Education (Specified Work) (England) Regulations 2012

3.—(1) The Education (Specified Work) (England) Regulations 2012(3) are amended as follows.

(2) In the Schedule (the requirements to be satisfied by persons who are not qualified teachers in order to carry out specified work) omit paragraphs 2(2)(b) (and the “; and” immediately before it), 2(3) and 2(4).

Nick Gibb

Minister of State

Department for Education

3rd July 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (School Teachers’ Qualifications) (England) Regulations 2003, which set out the requirements which must be satisfied in order to be a qualified teacher.

The amendment made by regulation 2 will allow persons to undertake practical teaching experience, for the purposes of initial teacher training, in a pupil referral unit. It will also allow persons to undertake initial teacher training while being employed to teach at a pupil referral unit as part of an employment-based teacher training scheme.

These Regulations also amend the Education (Specified Work) (England) Regulations 2012, which provide that only certain persons may lawfully carry out specified work in a school. Specified work is defined in regulation 5 of those Regulations.

The amendment made by regulation 3 will remove the condition that an instructor may only carry out specified work if no suitable qualified teacher or teacher on the employment based training scheme is available. It will also remove the restriction that an instructor may only carry out specified work for such period of time as no suitable qualified teacher or teacher on the employment based training scheme is available.

An impact assessment has not been produced for this instrument as it has no impact on businesses or civil society organisations. This instrument has a minimal impact on the public sector.

(1)

2002 c.32. Section 133 was amended by S.I. 2010/1158. Section 145 was amended by paragraph 19(4) of Schedule 2, and paragraphs 17(a) and 17(b) of Schedule 5, to the Education Act 2011 and by paragraph 24 of Schedule 14 to the Education Act 2005 (c. 18). For the meaning of “regulations” see section 212(1) of the Education Act 2002.

(2)

S.I. 2003/1662, amended by virtue of section 74 of the Education Act 2005 (c. 18) and relevant amending instruments 2009/3156 and 2012/431, there are also other amendments not relevant to these Regulations.

(3)

S.I. 2012/762.