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3.—(1) The governing body must ensure that the designated teacher meets each of the requirements in one of paragraphs (2), (3) or (4).
(2) The requirements in this paragraph are that the designated teacher—
(a)is a qualified teacher within the meaning of section 132 of the Education Act 2002(1) (“the 2002 Act”);
(b)if required to complete an induction period under regulations made under section 19 of the Teaching and Higher Education Act 1998(2), has satisfactorily completed such an induction period; and
(c)is working as a teacher at the school.
(3) The requirements in this paragraph are that the designated teacher—
(a)is the head teacher or acting head teacher of the school; and
(b)meets the requirements of regulations made under section 135 of the 2002 Act(3), if required to do so.
(4) The requirements in this paragraph are that—
(a)the designated teacher is working at the school;
(b)the designated teacher has had responsibility for promoting the educational achievement of looked after pupils for a period of at least six months ending on 1st September 2009; and
(c)the governing body is satisfied that the designated teacher is —
(i)taking steps to meet the requirements in paragraph (2)(a) and, if applicable, the requirements in paragraph (2)(b); and
(ii)is likely to meet those requirements by 1st September 2012.
(5) In paragraph (4), “looked after pupils” means children who are registered pupils(4) at the school and who are looked after by a local authority within the meaning of section 20(5), or who fall within section 20(6), of the 2008 Act.
1998 c.30. See the Education (Induction Arrangements for School Teachers)(England) Regulations SI 2008/657.
Regulations made under this section are the Education (Head Teachers’ Qualifications) (England) Regulations SI 2003/3111 as amended by SI 2005/875 and SI 2005/3322.
“registered pupil” has the same meaning as in the Education Act 1996 (c.56) (see section 20(7) of the 2008 Act).
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