The Education (Induction Arrangements for School Teachers) (Consolidation) (England) (Amendment No. 2) Regulations 2003

Statutory Instruments

2003 No. 2148

EDUCATION, ENGLAND

The Education (Induction Arrangements for School Teachers) (Consolidation) (England) (Amendment No. 2) Regulations 2003

Made

15th August 2003

Laid before Parliament

22nd August 2003

Coming into force

12th September 2003

In exercise of the powers conferred on the Secretary of State by sections 19 and 42(6) and (7) of the Teaching and Higher Education Act 1998(1) the Secretary of State for Education and Skills hereby makes the following Regulations:

1.  These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Consolidation) (England) (Amendment No. 2) Regulations 2003 and shall come into force on 12th September 2003.

2.  The Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001(2) are amended as follows.

3.  In regulation 3—

(a) insert the following definitions at the appropriate place in alphabetical order—

“(i) “employment-based teacher training scheme” means the scheme established by the Secretary of State under either paragraph 19 of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999(3) or paragraph 10 of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003(4);”;

“(ii) “the Welsh Induction Regulations” means regulations made from time to time under section 19 of the Teaching and Higher Education Act 1988(5) in relation to teachers in Wales;”

(b) for the definition of “graduate teacher” substitute the following definition—

““graduate teacher” means a person who was granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 before 1st September 2002;”;

(c) for the definition of “qualified teacher” substitute the following definition—

““qualified teacher” means a person who satisfies requirements specified in regulations made under section 132 of the Education Act 2002(6);”; and

(d) for the definition of “registered teacher” substitute the following definition—

““registered teacher” means a person who was granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 before 1st September 2002;”.

4.  In regulation 6(1) substitute the following sub-paragraph for sub-paragraph (b)—

“(b) in all other cases, the General Teaching Council for England where a person completes his induction period in England.”.

5.  In regulation 8—

(a) at the end of paragraph (1) add the following—

• “; or

  (d)

  a school or sixth form college in Wales in which an induction period may be served under the Welsh Induction Regulations.”; and

(b) in paragraph (2)(a)—

(i) for “to (c)” substitute “and (b)”;

(ii) for “or registered teacher” substitute “, a registered teacher or a teacher on the employment-based teacher training scheme”.

6.  In regulation 10—

(a) insert the following paragraph after paragraph (3)—

“(4) Any period of employment on or after 1st September 2003 at a school or sixth form college in Wales counts towards an induction period if it would count towards an induction period under the Welsh Induction Regulations.”; and

(b) in paragraph (4) for “or (2)” substitute “, (2) or (4)”.

7.  In regulation 11 insert the following paragraph after paragraph (3)—

“(3A) Where an induction period is extended under the Welsh Induction Regulations and the person serving the induction period becomes employed at a school or sixth form college in England, the induction period is to be treated as having been extended under this regulation.”

8.  In regulation 16—

(a) at the end of paragraph (1) add “in England or (in the case of a person to whom regulation 14(1) applies) where the lead head teacher’s school or sixth form college is in England”; and

(b) at the end of that regulation insert the following—

“(7) In this regulation “appropriate body” means the appropriate body for the school or sixth form college at which he is employed at the completion of his induction period.”.

9.  At the end of regulation 17 add “and in relation to a person serving an induction period extended, following its completion, under Welsh Induction Regulations if that person is subsequently employed at a school or sixth form college in England”.

10.  In regulation 18(1)—

(a) after “school” add “in England”; and

(b) at the end of that paragraph add “, whether in England or Wales”.

11.  For regulation 20 substitute the following—

“20.— (1) The appropriate body may provide—

(a) guidance, support and assistance to schools and sixth form colleges; and

(b) training for teachers in connection with providing induction training, supervision and assessment under these Regulations.

(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 2 to be employed for a period 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 is first so employed (by that or any other employer).”.

12.  In Schedule 2—

(a) after paragraph 4 insert the following paragraphs—

“4A.   A person employed as a supply teacher by virtue of regulation 20(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.”;

(b) substitute the following paragraph for paragraph 5—

• “A person who is a school teacher within the meaning of section 122(5) of the Education Act 2002.”;

(c) at the end of paragraph 16 add “or paragraph 10 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999(7)”; and

(d) at the end of paragraph 18 add “or paragraph 11 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999”.

David Miliband

Minister of State,

Department for Education and Skills

15th August 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001.

Regulation 6 of those Regulations is amended to make the appeal body the General Teaching Council for England if a person completes his induction period in England.

Regulation 8 is amended to allow an induction period to be carried out in a school or sixth form college in Wales under their Induction Regulations.

Regulation 10 is amended to allow periods of employment in a school of sixth form college in Wales to count towards an induction period if they would count under the Welsh Induction Regulations.

Regulation 20 is amended to allow an appropriate body to permit a person to continue to be employed for less than one term as a supply teacher during a period of up to twelve months after the expiry of the period of a school year and one term mentioned in paragraph 4 of Schedule 2.

Paragraph 4B of Schedule 2 allows a person to be employed for less than one term as a supply teacher on a part-time basis while also undertaking induction on a part-time basis.

Paragraphs 16 and 18 of Schedule 2 are amended to allow persons who are exempt from induction in Wales (certain independent school teachers and further education teachers) to be exempt from induction in England.

(1)

1998 c. 30. Section 19 is amended by section 139 of the Learning and Skills Act 2000 (c. 21). By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) the powers conferred by sections 19 and 42 are exercisable by the Secretary of State only in relation to England.

(2)

S.I. 2001/2897 amended by S.I. 2001/3938, S.I. 2002/2036 and S.I. 2003/106.

(3)

S.I. 1999/2166, amended by S.I. 2002/1434; there are other amending instruments but none is relevant. Schedule 2 was revoked by the Education (Specified Work and Registration) (England) Regulations 2003 (S.I. 2003/1663) subject to savings mentioned in paragraphs 3 and 4 of Schedule 1 to those Regulations and paragraph 5 of Schedule 1 to the Education (School Teachers' Qualifications) (England) Regulations 2003 (S.I. 2003/1662).

(4)

S.I. 2003/1662.

(5)

The regulations in force for Wales are the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2003 (S.I 2003/543 (W.77) ).

(6)

2002 c. 32. The current regulations are the Education (School Teachers' Qualifications) (England) Regulations 2003 (S.I. 2003/1662).

(7)

S.I. 1999/2817 (W.18) amended by S.I. 2002/2938 (W. 279) and S.I. 2003/140 (W.12).