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10.—(1) This paragraph applies in the case of a person who is not a qualified teacher and who is not mentioned in paragraphs 2 to 9 of this Schedule.
(2) Such a person may carry out work specified in regulation 6 in a school only if the following conditions are satisfied –
(a)he carries out work specified in regulation 6 in order to assist or support the work of a qualified teacher or a nominated teacher in the school;
(b)he is subject to the direction and supervision of such a qualified teacher or nominated teacher in accordance with arrangements made by the head teacher of the school; and
(c)the head teacher is satisfied that he has the skills, expertise and experience required to carry out work specified in regulation 6.
(3) In this paragraph a “nominated teacher” means a person who is mentioned in paragraph 4, 5, 6, 7, 8 or 9 of this Schedule and who is nominated by the head teacher where he considers that appropriate in the circumstances.
(4) In determining whether the person mentioned in sub-paragraph (1) has the skills, expertise and experience required to carry out work specified in regulation 6 in a school, the head teacher may have regard to–
(a)such standards for higher-level teaching assistants, or guidance concerning school support staff as may be published from time to time by the Secretary of State; and
(b)such guidance as to contractual matters relating to school support staff as may be published from time to time by any local education authority or other employer.
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