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The Education (School Teachers' Qualifications) (Wales) Regulations 2004

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PART 1

1.  In this Schedule —

“EEA Agreement” (“Cytundeb AEE”) means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol signed at Brussels on 17th March 1993(2);

“graduate teachers” (“athrawon graddedig”) means persons who have been granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1st September 2004;

“registered teachers” (“athrawon cofrestredig”) means persons who have been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1st September 2004;

“Switzerland Agreement” (“Cytundeb y Swistir”) means the Agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other on the Free Movement of Persons signed at Luxembourg on 21st June 1999(3) and which came into force on 1st June 2002.

2.  Persons who are qualified teachers by virtue of paragraph 1 of Schedule 3 to the 1999 Regulations.

3.  Persons who are qualified teachers by virtue of Regulations made in relation to England and from time to time in force under section 132 of the Education Act 2002(4).

4.  Persons who as respects the profession of school teacher fall within Article 3 of Council Directive 89/48 EEC(5) 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 EEA Agreement and as amended by the Switzerland Agreement.

5.  Persons who —

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

(b)have successfully completed a course of initial teacher training at an accredited institution in Wales; and

(c)are assessed by the accredited institution as meeting the specified standards.

6.  Persons who have successfully completed a course of initial school teacher training at an educational institution in Scotland or Northern Ireland.

7.  Persons who are registered as teachers of primary or secondary education with the General Teaching Council for Scotland.

8.  Persons who have been awarded confirmation of recognition as teachers in schools in Northern Ireland by the Department of Education, Northern Ireland Office, that confirmation not having been subsequently withdrawn.

9.—(1) Persons who have been granted an authorisation to teach under Part II or III of Schedule 2 to the 1999 Regulations before 1st September 2004, and the recommending body has submitted to the National Assembly or the Council —

(a)a recommendation that they should be notified that they are qualified teachers; and

(b)a statement as described in sub-paragraph (2).

(2) The statement states that the persons in question —

(a)hold a first degree or equivalent qualification granted by a United Kingdom institution, or a qualification of an equivalent standard granted by an educational institution elsewhere;

(b)satisfy one of the following requirements —

(i)they have successfully completed service as graduate teachers or registered teachers for the period of the authorisation and have successfully completed any training proposed in the recommendation for an authorisation, or

(ii)they have completed not less than 3 months service as graduate teachers or not less than one year’s service as registered teachers and have made such progress during their period of service as graduate teachers or registered teachers that in the view of the recommending body they did not need, in the light of that progress, to complete that service for the period of the authorisation before being assessed under paragraph (c); and

(c)have been assessed by a competent person as meeting the specified standards.

(3) In this paragraph, “recommending body” means the body that is the organiser of the training given to persons named in the recommendation

10.—(1) Persons —

(a)who have successfully completed a period of training on an employment-based teacher training scheme or otherwise satisfied the requirements of the scheme;

(b)who are assessed by a competent person as meeting the specified standards; and

(c)in respect of whom a recommendation has been submitted by or on behalf of the recommending body to the National Assembly or the Council that they should be notified that they are qualified teachers.

(2) In this paragraph “recommending body” means the body that is the organiser of any training given to persons named in the recommendation or the school or other institution where such persons have been employed, or another body acting on behalf of that school or institution.

11.—(1) Persons in respect of whom the States of Guernsey Education Council has submitted to the National Assembly or the Council a recommendation that they should be awarded qualified teacher status and a statement that they satisfy the requirements specified in sub-paragraphs (2), (3) or (4).

(2) They have successfully completed two school years' full-time service or the equivalent period of part-time service as teachers licensed by the States of Guernsey Education Council and the training specified in the licence.

(3) They —

(a)have successfully completed not less than one school year’s service as teachers licensed by the States of Guernsey Education Council and the training specified in the licence;

(b)had attained the age of 24 years before the date of commencement of the licence; and

(c)before the date of commencement of the licence, had been employed for not less than two years as teachers or lecturers at an independent school (including a city college or Academy) or an institution or a university in the United Kingdom or as Instructors or Education officers in the Armed Forces of the Crown or as instructors under paragraph 3 of Schedule 2 to the 1993 Regulations or paragraph 3 of Schedule 2 to the 1999 Regulations or paragraph 3 of Schedule 2 to the Education (Specified Work and Registration) (Wales) Regulations 2004 and were not dismissed on grounds other than redundancy.

(4) They —

(a)have successfully completed not less than one school term’s service as licensed teachers and the training proposed in the recommendation for a licence;

(b)had, before the date of commencement of the licence, successfully completed either —

(i)a course of at least three years' duration of initial school teacher training at an educational institution outside England and Wales, or

(ii)a first degree course and a post-graduate course of initial school teacher training at such an institution (whether or not the same institution); and

(c)had been employed for not less than one year as teachers or lecturers in a school, independent school (including city college or Academy), institution or university or other educational establishment either in England or Wales or elsewhere and were not dismissed on grounds other than redundancy.

12.—(1) Persons in respect of whom the recommending authority has submitted to the National Assembly or the Council a recommendation that they should be notified that they are qualified teachers and a statement that —

(a)on the date of the recommendation they are employed as teachers in an independent school; and

(b)they have been assessed by the recommending authority as meeting the specified standards; and

(c)before —

(i)1st January 1974 they obtained qualifications meeting the requirements of paragraph 15, 16, 17, 18, 19, 20 or 21 of Part 2 of this Schedule, or

(ii)1st January 1974 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution, or

(iii)1st September 1989 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology; and

(d)they were employed as teachers in an independent school or a further education institution before 1st September 1989.

(2) In this paragraph “recommending authority” means —

(a)in the case of teachers who are not head teachers or principals, the head teachers or principals of the independent schools at which they are employed to teach; and

(b)in the case of head teachers or principals, the chair of the governing body of the schools, or if none the proprietor of the schools.

13.—(1) Persons in respect of whom the recommending authority has submitted to the National Assembly or the Council a recommendation that they should be notified that they are qualified teachers and a statement that —

(a)on the date of the recommendation they are —

(i)employed as teachers in a further education institution, or

(ii)instructors in a school by virtue of paragraph 3 of Schedule 2 to the Education (Specified Work and Registration) (Wales) Regulations 2004;

(b)they have been assessed by the recommending authority as meeting the specified standards;

(c)before —

(i)1st January 1974 they obtained qualifications meeting the requirements of paragraph 15, 16, 17, 18, 19, 20 or 21 of Part 2 of this Schedule, or

(ii)1st January 1974 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution, or

(iii)1st September 1989 they obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology;

(d)they were employed as teachers in further education institutions or independent schools before 1st September 1989;

(e)they hold a Certificate in Education or a Post-graduate Certificate in Education; and

(f)in the opinion of the recommending authority, they have sufficient teaching experience to be able to teach pupils aged from 14 years to 19 years.

(2) In this paragraph “recommending authority” means —

(a)in the case of teachers who are not head teachers or principals, the head teachers or principals of the further education institutions at which they are employed to teach; and

(b)in the case of head teachers or principals, the chair of the governing body.

14.  Persons who satisfied the requirements for receiving written notification that they were qualified teachers under the 1982 Regulations, the 1989 Regulations, the 1993 Regulations or the 1999 Regulations, and the only reason why they are not qualified teachers is that they did not receive such notification.

(1)

Cm. 2073.

(2)

Cm. 2183.

(3)

Cm. 4904.

(4)

The Regulations in force in relation to England at the time of making these regulations were the Education (School Teachers' Qualifications) (England) Regulations 2003, S.I. 2003/1662.

(5)

OJ No. L19, 24.1.89, p16.

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