The General Teaching Council (Registration of Temporary Teachers from Relevant European States) (England and Wales) Regulations 2009

Citation and commencement

1.  These Regulations may be cited as the General Teaching Council (Registration of Temporary Teachers from Relevant European States) (England and Wales) Regulations 2009 and come into force on 5th January 2010.

Interpretation

2.  In these Regulations—

“another relevant European State” means a relevant European State other than the United Kingdom;

“the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007(1);

“applicant teacher” means a person —

(a)

who falls within the description in regulation 6(3) of the 2007 Regulations;

(b)

whose home state (as defined in those Regulations) is another relevant European State; and

(c)

whose profession is that of a school teacher in that person’s home State;

“competent authority”, in relation to—

(a)

England, means the General Teaching Council for England;

(b)

Wales, means the General Teaching Council for Wales;

(c)

Scotland, means the General Teaching Council for Scotland;

(d)

Northern Ireland, means the General Teaching Council for Northern Ireland;

(e)

another relevant European State, has the meaning given by regulation 4(4) of the 2007 Regulations;

“registered teacher” means a teacher registered pursuant to regulation 4(2);

“relevant European State” means an EEA State or Switzerland;

“school” has the meaning given by section 134 of the Education Act 2002(2).

Application

3.  These Regulations apply to and in relation to applicant teachers who come to England or Wales to provide teaching services in schools on a temporary and occasional basis (as determined by the relevant competent authority pursuant to regulation 9(2) of the 2007 Regulations).

Functions of competent authorities in England and Wales

4.—(1) The competent authorities in England and Wales must each establish a register of applicant teachers to whom these Regulations apply (“the Register”).

(2) Where an applicant teacher has supplied the competent authority in England or in Wales with the declaration and the documents referred to in regulations 11 and 12 respectively of the 2007 Regulations, it must—

(a) register the name of that person in the Register, free of charge and within a period of 4 weeks of receiving the declaration and documents;

(b) record in the Register against the name of that person each of the matters specified in the Schedule if that matter is known to the competent authority.

(3) Upon request, the relevant competent authority must supply a registered teacher with a copy of the information recorded in the Register against the teacher’s name, free of charge.

Application of disciplinary provisions

5.  The General Teaching Council for England (Disciplinary Functions) Regulations 2001(3) or the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001(4), as the case may be, apply to and in relation to a registered teacher as if the teacher were registered in accordance with section 3 of the Teaching and Higher Education Act 1998(5).

Specified work

6.—(1) Subject to paragraphs (2) and (3), an applicant teacher may only carry out specified work in a school in England or Wales if the person is a registered teacher.

(2) An applicant teacher who has taken up a temporary teaching post in a school in England before 5th January 2010 is excepted from the requirement under paragraph (1) for a period of 4 weeks from that date.

(3) An applicant teacher who takes up a temporary teaching post in a school in England on or after 5th January 2010 is excepted from the requirement under paragraph (1) for a period of 4 weeks from the date of taking up that post, provided the teacher supplied the relevant competent authority with the declaration and the documents referred to in regulations 11 and 12 respectively of the 2007 Regulations before taking up the post.

(4) In this regulation “specified work” has the meaning given by regulation 6 of the Education (Specified Work and Registration) (England) Regulations 2003(6) or regulation 6 of the Education (Specified Work and Registration) (Wales) Regulations 2004(7), as the case may be.

Vernon Coaker

Minister of State

Department for Children, Schools and Families

4th December 2009