PART 5Amendment to the 2015 Regulations

Amendments to the 2015 Regulations10.

(1)

Regulation 19 of the 2015 Regulations is amended in accordance with paragraphs to (2) to (6).

(2)

For the heading substitute “Requirements relating to further education teachers”.

(3)

For paragraph (1), substitute—

“(1A)

A person may not provide education in or for a further education institution unless—

(a)

the conditions in paragraphs (1B) and (1C) are met, or

(b)

paragraph (1D) applies.

(1B)

The first condition is that the person must be registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education teacher.

(1C)

The second condition is that the person must—

(a)

have at least one of the specified qualifications, or

(b)

meet the alternative requirement specified in Part 2 of Schedule 6.

(1D)

A person who complies with the first condition but who does not comply with the second condition may, if they are working towards a specified qualification, work as a further education teacher for a period not exceeding—

(a)

3 years from the date on which they started working towards the qualification where the person is employed full-time, or

(b)

5 years from the date on which they started working towards the qualification where the person is employed part-time.

(1E)

When calculating the periods specified in paragraph 1D(a) and (b), any period of absence from work is to be disregarded if it is—

(a)

in exercise of a person’s—

(i)

right to maternity leave conferred by section 71 or 73 of the 1996 Act23 or a contract of employment and where the person has the right to return to work by virtue of either of these sections or a contract of employment;

(ii)

right to parental leave conferred by section 76 of the 1996 Act24;

(iii)

right to paternity leave conferred by section 80A or 80B of the 1996 Act25;

(iv)

right to adoption leave conferred by section 75A or 75B of the 1996 Act26;

(v)

right to shared parental leave conferred by section 75E or 75G of the 1996 Act27; or

(vi)

right to parental bereavement leave conferred by section 80EA of the 1996 Act28, or

(b)

because of pregnancy.”

(4)

In paragraph (2)—

(a)

at the end of sub-paragraph (c) omit “or”;

(b)

after sub-paragraph (d) insert the following—

“(e)

acts as a volunteer; or

(f)

provides on a temporary or occasional basis training in relation to a profession and the person holds the qualifications or experience necessary in order to practise that profession.”

(5)

After paragraph (2), insert the following—

“(3)

For the purposes of this regulation and regulation 19ZA, a specified qualification means a qualification listed in Part 1 of Schedule 6.”