Relevant teachers to have qualifications3.

(1)

This regulation applies to every person who becomes a relevant teacher on or after 1st July 2002 at an institution within the further education sector in Wales who has not at any time before that date been—

(a)

a relevant teacher (at an institution within the further education sector in England or Wales);

(b)

a teacher at—

(i)

in England or Wales, a school maintained by a local education authority, a city technology college, a city college for the technology of the arts or city academy or, before 1st September 1999, a grant-maintained or grant-maintained special school;

(ii)

in Scotland, a grant aided school or school maintained by an education authority;

(iii)

in Northern Ireland, a controlled school under the authority of a local education and library board, a maintained school, a grant-maintained integrated school or a voluntary grammar school;

(c)

a teacher at an institution (in England or Wales) which, before 1st April 2001 was an external institution within the meaning of section 6(5) of the Further and Higher Education Act 19925;

(d)

a teacher at—

(i)

in Scotland, a college of further education,

(ii)

in Northern Ireland, an institution of further education within the meaning of the Further Education (Northern Ireland) Order 19976;

(e)

a teacher at an institution in the European Economic Area, the Channel Islands or the Isle of Man providing education which is equivalent to secondary or further education and which is part of the public system of education of the state or territory in question.

(2)

Every relevant teacher to whom this regulation applies who at any time is employed full-time must, before the date determined in accordance with regulation 4(1) (if it occurs), hold—

(a)

a 1999 Regulations qualification or an authorisation to teach in accordance with Part II or Part III of Schedule 2 to the 1999 Regulations;

(b)

a Certificate of Education;

(c)

a stage 3 FE teaching qualification; or

(d)

a qualification equivalent to a stage 3 FE teaching qualification.

(3)

Every relevant teacher to whom this regulation applies who at any time is employed part-time under a contract to work for a specified proportion of the period for which a full-time teacher is employed to work must, before the date determined in accordance with regulation 4(1) (if it occurs), hold—

(a)

a 1999 Regulations qualification or an authorisation to teach in accordance with Part II or Part III of Schedule 2 to the 1999 Regulations;

(b)

a Certificate of Education;

(c)

a stage 3 FE teaching qualification; or

(d)

a qualification equivalent to a stage 3 FE teaching qualification.

(4)

Every relevant teacher to whom this regulation applies who is at any time employed part-time and who does not fall within paragraph (3) must, before the date determined in accordance with regulation 4(2) (if it occurs), hold—

(a)

a 1999 Regulations qualification or an authorisation to teach in accordance with Part II or Part III of Schedule 2 to the 1999 Regulations;

(b)

a Certificate of Education;

(c)

a stage 1, stage 2 or stage 3 FE teaching qualification (depending on whether the teacher is employed in a stage 1, stage 2 or stage 3 post); or

(d)

an equivalent qualification to a stage 1, stage 2 or stage 3 FE teaching qualification (depending on whether the teacher is employed in a stage 1, stage 2 or stage 3 post).

(5)

For the purposes of this regulation—

(a)

a qualification is equivalent to a stage 1, stage 2 or stage 3 FE teaching qualification, if it appears to the National Assembly to be of equivalent standard to, or higher standard than, those qualifications and if it is specified by the National Assembly for the purpose of these Regulations; and

(b)

a person who holds a stage 3 FE teaching qualification is to be treated as also holding a stage 2 FE teaching qualification and a person who holds, or is to be treated as holding, a stage 2 FE teaching qualification is to be treated as also holding a stage 1 qualification.