The Teachers’ Skills Test (England) (Miscellaneous Amendments) Regulations 2020

Statutory Instruments

2020 No. 476

Education, England

The Teachers’ Skills Test (England) (Miscellaneous Amendments) Regulations 2020

Made

29th April 2020

Laid before Parliament

4th May 2020

Coming into force

25th June 2020

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 132(1) and (2), 133(1) and (4), 135A(1) and (2)(f) and (g), 145(1)(a) and (c) and 210(7) of the Education Act 2002(1) (“the Act”).

Citation and commencement

1.  These Regulations may be cited as the Teachers’ Skills Test (England) (Miscellaneous Amendments) Regulations 2020 and come into force on 25th June 2020.

Amendment of the Education (School Teachers’ Qualifications) (England) Regulations 2003

2.  In Part 1 of Schedule 2 to the Education (School Teachers’ Qualifications) (England) Regulations 2003(2)—

(a) in paragraph 1, for the definition of “specified standards” substitute—

““specified standards” means—

(a)

in the case of a person (“P”) to whom paragraph 1A applies, the standards specified by the Secretary of State at the time, on or after 25th June 2020, as the standards required of P in order for P to achieve qualified teacher status;

(b)

in all other cases, the standards applying as at the time of assessment specified by the Secretary of State as the standards required of a person who seeks to achieve qualified teacher status;”;

(b) after paragraph 1, insert—

“1A.— (1) This paragraph applies to a person (“P”) who, before 25th June 2020—

(a) had not passed a skills test; and

(b) would, but for the fact that P had not passed a skills test, have met the specified standards which applied before that date for the purposes of paragraphs 7(1)(d)(i), 7A(c), 9(2)(a) or 10(1)(b)(i) of Part 1 of this Schedule.

(2) In this paragraph, “skills test” means a test of a person’s skills in relation to literacy, numeracy or information and communications technology, administered by the Secretary of State, which, before 25th June 2020, that person was required to pass in order to be a qualified teacher.”;

(c) in paragraph 13A(3)(b), after “10(1)(b)” insert “for a reason other than failure to pass a skills test, and for this purpose “skills test” has the meaning given in paragraph 1A”.

Amendment of the Education (School Teachers’ Prescribed Qualifications, etc) Order 2003

3.  In article 7 of the Education (School Teachers’ Prescribed Qualifications, etc) Order 2003(3)—

(a) in paragraph (1)—

(i) in the words before sub-paragraph (a), for “are” substitute “, before 25th June 2020, were”;

(ii) in sub-paragraph (b), for “9, or 10” substitute “7A, 9, 10 or 13A”;

(iii) in the words after sub-paragraph (b), for “have” substitute “had”;

(b) for paragraph (2)(b) substitute—

“(b) “teacher trainee skills test” means a test of a person’s skills in relation to literacy, numeracy or information and communications technology, administered by the Secretary of State, which, before 25th June 2020, that person was required to pass in order to be a qualified teacher.”.

Amendment of the Education (Specified Work) (England) Regulations 2012

4.  In the Schedule to the Education (Specified Work) (England) Regulations 2012(4)—

(a) omit paragraph 4;

(b) in paragraph 6(2), for “2, 3 or 4” substitute “2 or 3”.

Amendment of the Education (Induction Arrangements for School Teachers) (England) Regulations 2012

5.  In the Education (Induction Arrangements for School Teachers) (England) Regulations 2012(5)—

(a) in regulation 11—

(i) in paragraph (2), for “Schedule 2” substitute “Schedule 1A”;

(ii) in paragraph (5), after “paragraph (3),” insert “or a written request under paragraph 2 of Schedule 1A,”;

(iii) in paragraph (6), after “paragraph (4)” insert “or Schedule 1A”;

(b) after Schedule 1, insert—

Regulation 11

“SCHEDULE 1A Special provisions applying to qualified teachers for whom the requirement to pass a numeracy skills test has been abolished

Persons to whom this Schedule applies

1.   This Schedule applies to a person (in this Schedule, “P”) who—

(a) qualified as a teacher between 1st May 2000 and 30th April 2001;

(b) has completed an induction period;

(c) had not passed a numeracy skills test before 25th June 2020; and

(d) was required to pass a numeracy skills test in order to achieve the standards mentioned in regulation 10(5).

Ability of P to ask appropriate body to make decision

2.— (1) P may ask the appropriate body to decide whether P has satisfactorily completed an induction period.

(2) A request under sub-paragraph (1) must be submitted in writing, with any written representations or other evidence upon which P wishes to rely, to—

(a) the appropriate body; and

(b) the Secretary of State.

Decision of appropriate body

3.   When making a decision pursuant to paragraph 2 (also see regulation 11(5)), the appropriate body must disregard the fact that P had not passed a numeracy skills test before 25th June 2020.

Interpretation

4.   In this Schedule—

“appropriate body” has the meaning given in regulation 11(9);

“numeracy skills test” means any numeracy test determined by the Secretary of State, before 25th June 2020, as an induction standard under regulation 10(5) in relation to a person who qualified as a teacher between 1st May 2000 and 30th April 2001.”;

(c) omit Schedule 2.

Nick Gibb

Minister of State

Department for Education

29th April 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Education (School Teachers’ Qualifications) (England) Regulations 2003 (S.I. 2003/1662) in order to abolish a requirement for certain individuals to pass a skills test in order to meet the specified standards required to become a qualified teacher.

The Regulations make related amendments to the Education (School Teachers’ Prescribed Qualifications, etc) Order 2003 (S.I. 2003/1709), the Education (Specified Work) (England) Regulations 2012 (S.I. 2012/762) and the Education (Induction Arrangements for School Teachers) (England) Regulations 2012 (S.I. 2012/1115).

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2002 c. 32. Section 133(1) was amended by the Education (Wales) Act 2014 (anaw 5), Schedule 3, Part 1, paragraph 1. Section 135A was inserted by the Education Act 2011 (c. 21), section 9; section 135A(1) was amended by the Education Act 2011, Schedule 13, paragraph 13, and by S.I. 2012/976. Section 145(1)(c) was amended by the Education Act 2011, Schedule 2, paragraph 19, and Schedule 5, paragraph 17. Section 210(7) was amended by the Learner Travel (Wales) Measure 2008 (nawm 2), section 21.

(2)

S.I. 2003/1662, amended by S.I. 2009/3156, 2012/431 and 2020/464. There are other amendments, but these are not relevant to these Regulations.

(3)

S.I. 2003/1709, amended by S.I. 2012/694. There are amendments, but these are not relevant to these Regulations.

(4)

S.I. 2012/762. There are amendments, but these are not relevant to these Regulations.

(5)

S.I. 2012/1115. There are amendments, but these are not relevant to these Regulations.