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In exercise of the powers conferred on the Secretary of State by sections 218(1)(a), (2), (2A), (2B) and (3) and 232(5) and (6) of the Education Reform Act 1988[1] and paragraph 3 of Schedule 1 to the Education Act 1996[2] the Secretary of State for Education and Employment hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Education (Teachers) (Amendment) (No. 2) Regulations 1997 and shall come into force on 1st December 1997. (2) Any reference in these Regulations to the principal Regulations is a reference to the Education (Teachers) Regulations 1993[3]. Amendment of the principal Regulations 2. For paragraphs (1) and (2) of regulation 3 of the principal Regulations (schools and institutions to which the principal Regulations apply and interpretation) there shall be substituted the following-
(b) a reference to a further education institution is a reference to an institution, not being a school, which provides further education (whether or not it also provides higher education) and either -
(ii) is within the further education sector;
(c) a reference to an institution without qualification is a reference to a further education institution or an institution within the higher education sector;
(2) Except where the context otherwise requires, in these Regulations -
(b) a post-graduate course (including a higher degree course); (c) a first degree course; (d) a course for the Diploma of Higher Education; (e) a course for the BTEC Higher National Diploma or BTEC Higher National Certificate provided by the Edexcel Foundation, or the Diploma in Management Studies; (f) a course for the Certificate in Education; (g) a course in preparation for a National Vocational Qualification at level 4 or 5; (h) a course providing education (whether or not in preparation for an examination) at a standard higher than the standard of courses providing education in preparation for examinations at advanced level for the General Certificate of Education or the examination for the BTEC National Certificate or the BTEC National Diploma provided by the Edexcel Foundation;
3.
Regulation 3A (definition of 'recommending body') of the principal Regulations shall be omitted.
(b) determining whether a person, who on or at any time before 30th November 1997 was a licensed teacher, overseas trained teacher or registered teacher as therein defined, is a qualified teacher.
(2) For the purposes of paragraph 3 of Schedule 2 to the principal Regulations as substituted by these Regulations, the references to a graduate teacher or a registered teacher include a reference to a licensed teacher or an overseas trained teacher as defined in the principal Regulations before these Regulations were made. Existing unqualified teachers in nursery classes and at nursery schools 1. - (1) This paragraph shall apply in the case of an unqualified teacher whose employment as an assistant teacher at a nursery school or as a teacher of a nursery class was permitted by paragraph 4 of Schedule 4 to the 1982 Regulations and who was so employed immediately before 1st September 1989. (2) Such a teacher may continue to be employed as he was employed immediately before 1st September 1989. Student teachers 2. - (1) This paragraph shall apply in the case of an unqualified teacher over the age of 18 years who either -
(b) having been admitted to such a course, has failed satisfactorily to complete it by the date of the end of the period ordinarily required therefor but, during the year next following that date, is continuing the course with a view to so completing it within that year.
(2) Such a teacher may be employed as a teacher at a school (other than a pupil referral unit) so, however, that -
(b) he is required neither to take responsibility for a class nor to teach a subject which is not also taught by a qualified teacher at the school.
(3) In this paragraph, 'accredited institution' has the same meaning as paragraph 3 of Schedule 3.
(b) no suitable qualified teacher, graduate teacher or registered teacher is available for appointment or to give the instruction.
(2) Such a teacher may be employed at a school to give such instruction as aforesaid, subject to paragraph (3), for such period as no suitable qualified teacher, graduate teacher or registered teacher is available for appointment or to give the instruction.
(b) where his appointment was for an unspecified period, if it was not otherwise expressed to be temporary only.
Temporary teachers
(b) he is employed in any one post at a school (whether by reason of the absence of the holder of that post or otherwise) for periods which do not exceed four months in total.
(2) This paragraph shall not apply in the case of an unqualified teacher after the expiry of a period of two years commencing with the day on which he is first employed as a teacher at a school. 5. - (1) This paragraph shall apply to a person who is not a qualified teacher but who has been granted an authorisation to teach in accordance with this Part of this Schedule. (2) Subject to the provisions of this Part of this Schedule, such a person may be employed as a teacher at a school, except a pupil referral unit. 6. - (1) Paragraphs 7 to 12 apply in respect of an authorisation granted on the recommendation of a recommending body situated in England and for these purposes a recommending body is situated in England if, in the case of a company, its registered office is so situated or, in any other case, its head office is so situated. (2) Paragraphs 13 to 18 apply in respect of an authorisation granted on the recommendation of a recommending body situated in Wales and for these purposes a recommending body is situated in Wales if, in the case of a company, its registered office is so situated or, in any other case, its head office is so situated. Provisions applying in respect of an authorisation granted on the recommendation of a recommending body in England 7. - (1) On the recommendation of the recommending body, the Teacher Training Agency may grant an authorisation to teach to the person named in that recommendation. (2) A recommendation for an authorisation shall contain such particulars as the Teacher Training Agency may determine and shall also contain the particulars set out in sub-paragraphs (3) to (6). (3) It shall contain a statement by the recommending body that the person named in the recommendation -
(b) holds a first degree or equivalent qualification granted by an educational institution in England or Wales, or a qualification of an equivalent standard thereto granted by an educational institution elsewhere; (c) has attained in English and mathematics the standard required to obtain Grade C in the General Certificate of Secondary Education; (d) where the person was born on or after 1st December 1979 and during his period of authorisation it is intended that he will teach pupils aged below 11 years, has attained in a single science subject or in a combined science subject the standard required to obtain Grade C in the General Certificate of Secondary Education; and (e)
(ii) has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country.
(4) It shall contain particulars of the training that is proposed to be given to the person named in the recommendation and of the length of the proposed period of training.
(b) if the graduate teacher ceases to be employed by the institution or body named in the recommendation except -
(ii) where the employer named in the recommendation was a local education authority and immediately on ceasing to be employed by that authority he is employed by another local education authority.
11.
The recommending body shall cause the graduate teacher to receive during the period of the authorisation the training, particulars of which were given in pursuance of paragraph 7(4).
(b) holds a first degree or equivalent qualification granted by an educational institution in England or Wales, or a qualification of an equivalent standard thereto granted by an educational institution elsewhere; (c) has attained in English and mathematics the standard required to obtain Grade C in the General Certificate of Secondary Educat-on; (d) where the person was born on or after 1st December 1979 and during his period of authorisation it is intended that he will teach pupils aged below 11 years, has attained in a single science subject or in a combined science subject the standard required to obtain Grade C in the General Certificate of Secondary Education; and (e)
(ii) has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country.
(4) It shall contain particulars of the training that is proposed to be given to the person named in the recommendation and of the length of the proposed period of training.
(b) if the graduate teacher ceases to be employed by the institution or body named in the recommendation except -
(ii) where the employer named in the recommendation was a local education authority and immediately on ceasing to be employed by that authority he is employed by another local education authority.
17.
The recommending body shall cause the graduate teacher to receive during the period of the authorisation the training, particulars of which were given in pursuance of paragraph 13(4). Notes: [1] 1988 c. 40; section 218(2A) was inserted by section 14(1) of the Education Act 1994 (c. 30). Section 218(2B) was substituted by the Education Act 1996 (c. 56) Schedule 37, paragraph 76. Sections 218(3) and 232(6) were amended by sections 14(3) and (4) respectively of the Education Act 1994.back [3] S.I. 1993/543; amended by S.I. 1993/1969, S.I. 1994/222 (which revoked S.I. 1993/1969), S.I. 1995/602, S.I. 1995/2594, S.I. 1996/1603 and S.I. 1997/368 and modified by S.I. 1994/2103, all of which are relevant except S.I. 1995/2594.back
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