The Requirements for Teachers (Scotland) Regulations 2005

Requirement to employ registered teachers

4.—(1) Every education authority shall, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act employ only a registered teacher (“registered teacher” having the meaning set out in paragraph (2) below) as a teacher.

(1) “Registered teacher” in these Regulations means a teacher whose particulars are recorded in the register maintained by the General Teaching Council for Scotland under section 6 of the Teaching Council (Scotland) Act 1965(1) and includes a teacher whose registration has been marked as suspended on the basis however that, for the duration of that teacher’s registration being marked as suspended, such a teacher may only be employed as a teacher–

(a) by his or her existing employer, and

(b) in his or her existing teaching post.

(1)

1965 c. 19; section 6 was amended by the schedule of the Teaching Council (Scotland) Act 1971 (c. 2), schedule 10 of the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39), schedule 9 of the Further and Higher Education (Scotland) Act 1992 (c. 37) and by section 60 and schedule 2, paragraph 1 of the Standards in Scotland’s Schools etc. Act 2000 (asp 6).