Education Act 2002 (c. 32)

Part 8 E+W Teachers

School teachers’ qualifications E+W

132 Qualified teacher status E+W

(1) A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.

(2) A requirement of regulations under this section may relate to—

(a) the possession of a specified qualification or experience of a specified kind;

(b) participation in or completion of a specified programme or course of training;

(c) compliance with a specified condition;

(d) an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The National Assembly for Wales shall consult the General Teaching Council for Wales before making regulations under this section which make provision by reference to—

(a) the content of a course or programme, or

(b) the standard of education or training provided through a course or programme.

Textual Amendments

F1 S. 132(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(2); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C1 S. 132 amended (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 6(1)

Commencement Information

I1 S. 132 partly in force; s. 132 not in force at Royal Assent, see s. 216; s. 132 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I2 S. 132 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

133 Requirement to be qualified E+W

(1) Regulations may provide that specified work may not be carried out by a person in a school unless he—

(a) is a qualified teacher, or

(b) satisfies specified requirements.

(2) Regulations specifying work for the purpose of this section may make provision by reference to—

(a) one or more specified activities, or

(b) the circumstances in which activities are carried out.

(3) Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).

(4) A requirement of regulations under this section may, in particular, relate to—

(a) the possession of a specified qualification or experience of a specified kind;

(b) participation in or completion of a specified programme or course of training;

(c) compliance with a specified condition;

(d) an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.

(5) Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).

(6) In this section “school” means—

(a) a school maintained by a [F2 local authority], or

(b) a special school not so maintained.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I3 S. 133 partly in force; s. 133 not in force at Royal Assent, see s. 216; s. 133 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I4 S. 133 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

134 Requirement to be registered[F3 : teachers in Wales] E+W

(1) Regulations may provide that specified work may be carried out in a school [F4 in Wales] by a qualified teacher only if he is registered with full registration under section 3 of the Teaching and Higher Education Act 1998 (c. 30) (register maintained by General Teaching Council [F5 for Wales]).

(2) Regulations may provide that work may be carried out by a person [F6 in Wales] in reliance on section 133(1)(b) only if he is registered with provisional registration under section 3 of the Teaching and Higher Education Act 1998.

(3) Regulations may provide that a person may undertake a specified course of training with a view to becoming a qualified teacher [F7 in Wales] only if he is registered with provisional registration under that section.

(4) Regulations specifying work for the purpose of subsection (1) or (2) may make provision by reference to—

(a) one or more specified activities, or

(b) the circumstances in which activities are carried out.

(5) In this section “school” means—

(a) a school maintained by a [F2 local authority], or

(b) a special school not so maintained.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F3 Words in s. 134 heading inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(d); S.I. 2012/924, art. 2

F4 Words in s. 134(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(a)(i); S.I. 2012/924, art. 2

F5 Words in s. 134(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(a)(ii); S.I. 2012/924, art. 2

F6 Words in s. 134(2) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(b); S.I. 2012/924, art. 2

F7 Words in s. 134(3) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 19(3)(c); S.I. 2012/924, art. 2

Modifications etc. (not altering text)

C2 S. 134(1) amended (W.) (temp. from 19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 7

Commencement Information

I5 S. 134 partly in force; s. 134 not in force at Royal Assent, see s. 216; s. 134(1)(4)(5) in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I6 S. 134(1)(4)(5) in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3

I7 S. 134(2)(3) in force at 6.11.2006 except in relation to W. by S.I. 2006/2895, art. 2

135 Head teachers E+W

(1) Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.

(2) Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).

(3) A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.

(4) Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—

(a) pending the appointment of a head teacher, or

(b) in the absence of the head teacher.

(5) In this section “school” means—

(a) a school maintained by a [F2 local authority], or

(b) a special school not so maintained.

Textual Amendments

F2 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

Commencement Information

I8 S. 135 partly in force; s. 135 not in force at Royal Assent, see s. 216; s. 135 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I9 S. 135 in force at 1.10.2003 except in relation to W. by S.I. 2003/1667, art. 5