1.—(1) These Regulations may be cited as the Education (Specified Work) (England) Regulations 2012 and come into force on 1st April 2012.
(2) These Regulations apply in relation to England.
2. In these Regulations—
“the ERA 1996” means the Employment Rights Act 1996(1);
“the 1982 Regulations” means the Education (Teachers) Regulations 1982(2);
“the 2003 Qualifications Regulations” means the Education (School Teachers’ Qualifications) (England) Regulations 2003(3);
“employment-based teacher training scheme” means a scheme established by the Secretary of State under paragraph 19 of Schedule 2 to the Education (Teachers’ Qualifications and Health Standards) (England) Regulations 1999(4) or paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations.
3.—(1) Subject to regulation 4, a person may not carry out specified work in a school unless that person—
(a)is a qualified teacher(5); or
(b)satisfies at least one of the requirements or conditions specified in the Schedule.
(2) Where a provision in the Schedule allows a person to carry out specified work for a specified period, that period shall be extended to take account of any period when the person is absent from work—
(a)in exercise of—
(i)her right to maternity leave conferred by section 71 or 73 of the ERA 1996(6) or her contract of employment and has the right to return to work by virtue of either of those sections or her contract of employment;
(ii)the right to parental leave conferred by section 76 of the ERA 1996;
(iii)the right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the ERA 1996(7); or
(iv)the right to adoption leave conferred by section 75A or 75B of the ERA 1996(8); or
(b)because of her pregnancy.
4.—(1) This paragraph applies in the case of a teacher who—
(a)has been determined to be unsuited for further employment as a qualified teacher pursuant to paragraph 2(c) of Schedule 2 to the Schools Regulations 1959(9), or
(b)has received written notice under paragraph 5(2) of Schedule 6 to the 1982 Regulations.
(2) On and after 1st September 2012 a teacher mentioned in sub-paragraph (1) may only carry out specified work in a school if the teacher has, before that date, obtained the consent of the Secretary of State.
5.—(1) Each of the following activities is specified work for the purposes of these Regulations—
(a)planning and preparing lessons and courses for pupils;
(b)delivering lessons to pupils;
(c)assessing the development, progress and attainment of pupils; and
(d)reporting on the development, progress and attainment of pupils.
(2) In paragraph (1)(b) “delivering” includes delivery via distance learning or computer aided techniques.
6.—(1) The following instruments are revoked—
(a)the Education (Specified Work and Registration) (England) Regulations 2003(10) (“the 2003 Regulations”);
(b)the Education (Specified Work and Registration) (England) (Amendment) Regulations 2007(11); and
(c)the Education (Specified Work and Registration) (England) (Amendment) Regulations 2008(12).
(2) Despite the revocation of the 2003 Regulations, paragraph 1(1) of Part 2 to those Regulations continues to have effect.
Nick Gibb
Minister of State
Department for Education
8th March 2012