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The Education (Specified Work) (England) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 762
- Regulation 3
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Changes and effects yet to be applied to Regulation 3:
- reg. 3(2) word omitted by S.I. 2020/354 reg. 26(2)
- reg. 3(2)(a)(v) added by S.I. 2014/3255 art. 25(b)
- reg. 3(2)(a)(iii) words omitted by S.I. 2014/3255 art. 25(a)
- reg. 3(2)(a)(vii) inserted by S.I. 2024/266 reg. 4(2)
- reg. 3(2)(a)(vii) word omitted by S.I. 2025/201 reg. 16(2)(a)
- reg. 3(2)(a)(viii) inserted by S.I. 2025/201 reg. 16(2)(b)
- reg. 3(2)(a)(vi) word omitted by S.I. 2024/266 reg. 4(2)
- reg. 3(2)(vi) inserted by S.I. 2020/354 reg. 26(2)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 3(2)(a)(v) added by S.I. 2014/3255 art. 25(b)
- reg. 3(2)(a)(vii) inserted by S.I. 2024/266 reg. 4(2)
- reg. 3(2)(a)(vii) word omitted by S.I. 2025/201 reg. 16(2)(a)
- reg. 3(2)(a)(viii) inserted by S.I. 2025/201 reg. 16(2)(b)
- reg. 3(2)(a)(vi) word omitted by S.I. 2024/266 reg. 4(2)
- reg. 3(2)(vi) inserted by S.I. 2020/354 reg. 26(2)
Requirement to be qualifiedE+W
This section has no associated Explanatory Memorandum
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(1); 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(2) 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(3); or
(iv)the right to adoption leave conferred by section 75A or 75B of the ERA 1996(4); or
(b)because of her pregnancy.
Commencement Information
I1Reg. 3 in force at 1.4.2012, see reg. 1(1)
(1)
As to status as a qualified teacher see section 132 of the Education Act 2002 and the Regulations made under that section (S.I. 2003/1662).
(2)
Section 71 was amended by paragraph 31, and section 73 by paragraph 32, of Schedule 1 to the Work and Families Act 2006 (c. 18) and both sections were amended by section 17 of the Employment Act 2002 (c. 22). The application of section 71 to a school governing body with a delegated budget was modified by article 3 of, and the Schedule to, S.I. 2003/1964.
(3)
Sections 80A and 80B were inserted by section 1 of the Employment Act 2002, and sections 80AA and 80BB were inserted by sections 3 and 4 respectively of the Work and Families Act 2006 (c. 18).
(4)
Sections 75A and 75B were inserted by section 3 of the Education Act 2002 and section 75A amended by paragraph 33, and section 75B amended by paragraph 34, of Schedule 1 to the Work and Families 2006.
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