Search Legislation

The Education (Induction Arrangements for School Teachers) (Amendment) (Wales) Regulations 2004

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Name, commencement and application

1.—(1) These Regulations are called the Education (Induction Arrangements for School Teachers) (Amendment) (Wales) Regulations 2004 and come into force on 1st April 2004.

(2) These Regulations apply in relation to Wales.

Amendment of the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2003

2.  The Education (Induction Arrangements for School Teachers) (Wales) Regulations 2003(1) are amended as follows.

3.  In regulation 2(1) —

(a)insert after the definition of “the 1998 Act” the following definition —

“the 2002 Act” (“Deddf 2002”) means the Education Act 2002(2);;

(b)omit the definition of “core subject”;

(c)omit the definition of “foundation subject”;

(d)in the definition of “key stage” substitute for the words “section 355(1) of the 1996 Act” the words “section 103(1) of the 2002 Act”;

(e)insert after the definition of “key stage” the following definition —

“maternity leave period” (“cyfnod absenoldeb mamolaeth”) means the maternity leave period specified in regulation 7(1) of the Maternity and Parental Leave etc Regulations 1999(3);

(f)insert after the definition of “non-maintained special school” the following definitions —

“ordinary adoption leave period” (“cyfnod absenoldeb mabwysiadu arferol”) means a period of ordinary adoption leave under Part 3 of the Paternity and Adoption Leave Regulations 2002(4);

“parental leave period” (“cyfnod absenoldeb rhieiniol”) means a period of parental leave under Part III of the Maternity and Parental Leave etc Regulations 1999;

“paternity leave period” (“cyfnod absenoldeb tadolaeth”) means a period of paternity leave under Part 2 of the Paternity and Adoption Leave Regulations 2002;.

4.—(1) Regulation 6 is amended as follows.

(2) In paragraph (2)(a) for the words “section 15(6)(a) to (c)” substitute the words “section 15(6)(a) and (b)”.

(3) In paragraph (3)(a) for the words “section 354(3) of the 1996 Act” substitute the words “section 105(2) and (3) and section 106(2) and (3) of the 2002 Act”.

(4) In paragraph (3)(b) for the words “section 353” to the end substitute the words “section 105(1) of the 2002 Act (the National Curriculum for Wales) other than in relation to assessment arrangements; and”.

5.—(1) Regulation 8 is amended as follows.

(2) In paragraph (1) insert after the words “in duration” the words “, or, subject to paragraph (1A), two half school terms,”.

(3) Insert after paragraph (1) the following —

(1A) Where a period of employment under paragraph (1) is two half school terms, then (disregarding school holidays) those half school terms must be consecutive..

(4) In paragraph (2) insert after the words “in duration” the words “, or, subject to paragraph (2A), two half terms,”.

(5) Insert after paragraph (2) the following —

(2A) Where a period of employment under paragraph (2) is two half terms, then (disregarding holidays) those half terms must be consecutive..

(6) At the end of paragraph (3) add the following —

or within 2 weeks of its start.

6.  Regulation 9 is amended by substituting for paragraph (2) the following —

(2) Paragraph (1) does not apply to an absence from work by reason of a maternity leave period, an ordinary adoption leave period, a parental leave period or a paternity leave period unless the person so chooses..

7.—(1) Regulation 18 is amended as follows.

(2) The existing wording is renumbered as paragraph (1).

(3) Insert after the renumbered paragraph (1) the following —

(2) Subject to paragraph (3) the appropriate body may authorise a person who can no longer be employed as a supply teacher under paragraph 4 of Schedule 1 to be employed for a period or periods of less than one term as a supply teacher.

(3) A person may only be employed as a supply teacher pursuant to paragraph (2) during a period of twelve months commencing on the date that he or she is first so employed (by any employer).

(4) Subject to paragraph (6), a period to which paragraph (5) applies is to be disregarded in calculating the period of twelve months referred to in paragraph (3).

(5) This paragraph applies to a period during which a person does not work because of circumstances which would entitle an employee to whom the Maternity and Parental Leave etc Regulations 1999 or the Paternity and Adoption Leave Regulations 2002 applied, to a maternity leave period, an ordinary adoption leave period, a parental leave period or a paternity leave period, as the case may be.

(6) The period to be disregarded under paragraph (4) is to be a period equal to the relevant maternity leave period, ordinary adoption leave period, parental leave period or paternity leave period, or, if shorter, the period during which the person does not work..

8.—(1) Schedule 1 is amended as follows.

(2) For paragraph 4 substitute the following —

4.(1) A person employed as a supply teacher where the period or periods of employment are in each case less than one term, and the period since the person was first employed as a supply teacher in a relevant school (by any employer) does not exceed one year and one term.

(2)  Subject to paragraph (4), a period to which sub-paragraph (3) applies is to be disregarded in calculating the period of one year and one term referred to in sub-paragraph (1).

(3) This sub-paragraph applies to a period during which a person does not work because of circumstances which would entitle an employee to whom the Maternity and Parental Leave etc Regulations 1999 or the Paternity and Adoption Leave Regulations 2002 applied, to a maternity leave period, an ordinary adoption leave period, a parental leave period or a paternity leave period, as the case may be.

(4) The period to be disregarded under paragraph (2) is to be a period equal to the relevant maternity leave period, ordinary adoption leave period, parental leave period or paternity leave period, or, if shorter, the period during which the person does not work..

(3) After paragraph 4, insert the following paragraphs —

4A.  A person employed as a supply teacher by virtue of regulation 18(2).

4B.  A person who can no longer be employed under paragraph 4 but who is employed for a period of less than one term as a supply teacher while serving an induction period in part-time service..

(4) Substitute the following paragraph for paragraph 5 —

5.  A person who is a school teacher within the meaning of section 122(5) of the 2002 Act..

(5) Add at the end of paragraph 9 the words “, and as amended by 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 21 June 1999(5) and which came into force on 1 June 2002.”.

(6) Add after paragraph 19, the following paragraph —

20.  A person who —

(a)has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such by the competent authority in that country;

(b)has no less than two years' full-time teaching experience, or its equivalent in the United Kingdom or elsewhere;

(c)is a qualified teacher by virtue of paragraph 7 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999(6); and

(d)has been assessed by a person approved by the National Assembly as meeting the standards mentioned in regulation 13..

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(7).

John Marek

The Deputy Presiding Officer of the National Assembly

23rd March 2004

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources