3.—(1) This paragraph applies in the case of persons who are not qualified teachers appointed, or proposed to be appointed, to give instruction in any art or skill or in any subject or group of subjects (including any form of vocational training), where special qualifications or special experience or both are required in order to carry out the work specified in regulation 6.
(2) Persons mentioned in sub-paragraph (1) may carry out work specified in regulation 6 in a school if at the time of their appointment —
(a)the local education authority (in the case of a school which has no delegated budget or a pupil referral unit), the governing body acting with the consent of the local education authority (in the case of a school which has a delegated budget), or the governing body (in the case of a special school not maintained by a local education authority), as the case may be, are satisfied as to their qualifications or experience or both; and
(b)no suitable qualified teachers, graduate teachers, registered teachers or teachers on the employment-based teacher training scheme are available for such appointment or to give such instruction.
(3) Persons appointed pursuant to sub-paragraphs (1) and (2) may carry out work specified in regulation 6 in a school, subject to sub-paragraph (4), only for such period of time as no suitable qualified teachers, graduate teachers, registered teachers or teachers on the employment-based teacher training scheme are available for appointment or to give instruction.
(4) Sub-paragraph (3) does not apply in the case of such persons appointed before 8th April 1982 where —
(a)the appointment was for a specified period, if and so long as that period has not expired; or
(b)the appointment was for an unspecified period, if it was not otherwise expressed to be temporary only.