The Education (Specified Work and Registration) (England) Regulations 2003

Instructors with special qualifications or experience

4.—(1) This paragraph applies in the case of a person who is not a qualified teacher and who is 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 experience or both are required in order to carry out the work specified in regulation 6.

(2) A person mentioned in sub-paragraph (1) may carry out work specified in regulation 6 in a school if at the time of his 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) are satisfied as to his qualifications or experience or both; and

(b) no suitable qualified teacher, graduate teacher, registered teacher or teacher on the employment-based teacher training scheme is available for such appointment or to give such instruction.

(3) A person 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 teacher, graduate teacher, registered teacher or teacher on the employment-based teacher training scheme is available for appointment or to give instruction.

(4) But sub-paragraph (3) does not apply in the case of such a person appointed before 8th April 1982 where—

(a) his appointment was for a specified period, if and so long as that period has not expired; or

(b) his appointment was for an unspecified period, if it was not otherwise expressed to be temporary only.