Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2817 |
1999 No. 2817 (W.18)
EDUCATION, WALES
The Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999
Made 31th August 1999
Coming into force 1st September 1999
In exercise of the powers conferred on the Secretary of State by sections 218(1)(a), (b), (d), (2), (2A), (2B), (3), (5), and 232(5) and (6) of the Education Reform Act 19881and now vested in the National Assembly for Wales2, the National Assembly for Wales makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 and shall come into force on 1st September 1999.
Revocations and transitional provisions
2.—(1) Part I of Schedule I shall have effect as respects the revocations there mentioned.
(2) Part II of Schedule 1 shall have effect as respects the transitional matters there mentioned.
Interpretation
3.—(1) Except where the context otherwise requires, in these Regulations—
(a)
(a) a reference to a school is a reference to a school maintained by a local education authority or a special school not so maintained;
(b)
(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—
(i) is maintained by a local education authority, or
(ii) is within the further education sector;
(c)
(c) a reference to an institution without qualification is a reference to a further education institution or an institution within the higher education sector; and
(d)
(d) a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years.
(2) Except where the context otherwise requires, in these Regulations—
“accredited institution” means an institution accredited by the Higher Education Funding Council for Wales under paragraph 2 of Schedule 3;
“Assembly” means the National Assembly for Wales3;
“authorisation” means an authorisation to teach granted to a person by the Assembly in accordance with Part II or III of Schedule 2;
“BTEC” means the Business and Technology Education Council;
“city college” means a city technology college or a city college for the technology of the arts;
“company” has the same meaning as in the Companies Act 19854;
“graduate teacher” means a person to whom an authorisation has been granted in accordance with Part II of Schedule 2;
“hearing impaired” means deaf or partially hearing;
“higher education” means education provided by any of the following courses—
(a) a course for the further training of teachers or youth and community workers;
(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;
“qualified teacher” has the meaning given to it by regulation 10 and “unqualified teacher” shall be construed accordingly;
“recommending body” means the body that is the organiser of the training given or to be given to the person named in the recommendation;
“registered teacher” means a person to whom an authorisation has been granted in accordance with Part III of Schedule 2;
“relevant employment” has the meaning given to it by regulation 5; and
“visually impaired” means blind or partially sighted.
(3) In these Regulations—
(a)
(a) any reference to the 1959 Regulations is a reference to the Schools Regulations 19595(as from time to time in force) including those regulations as applied to teachers at special schools by regulation 16 of the Handicapped Pupils and Special Schools Regulations 19596, and any reference to an approval for the purposes of any provision of the 1959 Regulations shall be construed as including a reference to an approval which, by virtue of regulation 21 thereof, had effect as if given under that provision;
(b)
(b) any reference to the 1982 Regulations is a reference to the Education (Teachers) Regulations 19827;
(c)
(c) any reference to the 1989 Regulations is a reference to the Education (Teachers) Regulations 19898; and
(d)
(d) any reference to the 1993 Regulations is a reference to the Education (Teachers) Regulations 19939.
(4) Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case, and “approved” in relation to a course means approved by the Assembly.
(5) Any references in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
PART II
PROVISIONS APPLYING TO SCHOOLS AND FURTHER EDUCATION INSTITUTIONS
Staffing of schools and further education institutions
4.—(1) At any school or further education institution there shall be employed a staff of teachers suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils or students having regard to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or further education institution in question.
(2) Without prejudice to the generality of paragraph (1)—
(a)
(a) the staff of teachers employed at a school shall include a head teacher;
(b)
(b) the staff of teachers employed at a further education institution shall have qualifications appropriate to the giving of adequate instruction in the subjects in which courses are provided.
(3) The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools contained in Part IV of these Regulations.
PART III
PROVISIONS OF GENERAL APPLICATION
5.—(1) Any reference in this Part to relevant employment is subject to paragraph (2), a reference to employment—
(a)
(a) by a local education authority, as teachers (whether or not at a school or further education institution) or as workers with children or young persons;
(b)
(b) by any other body, as teachers at a school or further education institution; or
(c)
(c) by the governing body of a school or further education institution as workers with children or young persons.
(2) For the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or relevant employment shall be construed accordingly.
Health standards-appointments
6.—(1) Subject to paragraph (4), a person shall not be appointed to relevant employment if, having regard to any duty of the employer under Part II of the Disability Discrimination Act 199510, he does not have the health and mental and physical capacity for that employment.
(2) In the case of the first appointment as a teacher of a person in respect of whom the Assembly has been satisfied that he has the health and mental and physical capacity for teaching, his employers may accept the conclusions of the Assembly in the matter where it appears to them reasonable to do so.
(3) In the case of any appointment to relevant employment of a person previously in such employment, his employers may where it appears to them reasonable to do so rely upon the person’s medical record while in that employment for the purpose of determining that the person has the health and mental and physical capacity for such employment.
(4) A person who is in receipt of a retirement pension by virtue of regulation E4(4) of the Teachers' Pensions Regulations 199711(ill health retirement) shall not be regarded as having the health and mental and physical capacity to be appointed to relevant employment or to be engaged to provide his services as a teacher at a school or further education institution otherwise than under a contract of employment, save that a person whose entitlement to such pension took effect before lst April 1997 may be so appointed or engaged to serve part-time.
(5) Nothing in paragraph (4) prevents the appointment or engagement of a person who has ceased to be incapacitated and whose retirement pension has for that reason ceased to be payable.
Health standards-continued employment
7.—(1) A person in relevant employment shall not continue in that employment if, having regard to any duty of the employer under...
To continue reading
Request your trial