Education (Teachers) Regulations 1982
| Jurisdiction | UK Non-devolved |
| Citation | SI 1982/106 |
| Year | 1982 |
1982 No. 106
EDUCATION, ENGLAND AND WALES
The Education (Teachers) Regulations 198229thJanuary 1982
12thFebruary 1982
8thApril 1982
In exercise of the powers conferred by sections 27 and 35(4) of the Education Act 1980(a) and (so far as concerns Regulation 2(1)) in exercise of the powers conferred by section 100 of the Education Act 1944(b) and by section 5(2) of the Local Government Act 1974(c), the Secretary of State for Education and Science hereby makes the following Regulations:—
PART 1
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (Teachers) Regulations 1982 and shall come into operation on 8th April 1982.
Revocations and transitional provisions
2.—(1) The Regulations specified in Parts I and II of Schedule 1 are hereby revoked to the extent there mentioned.
(2) Schedule 2 shall have effect as respects the transitional matters there mentioned.
Schools and further education establishments to which the Regulations apply and interpretation
3.—(1) Except where the context otherwise requires, in these Regulations—
(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) a reference to a further education establishment is a reference to such an establishment provided by a local education authority or to one not so provided which is designated by or under Schedule 3;
(c) 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 children or young persons who have not attained the age of 19 years.
(a) 1980 c. 20.
(b) 1944 c. 31; see S.I. 1964/490.
(c) 1974 c. 7.
(2) Except where the context otherwise requires, in these Regulations—
"Her Majesty's Inspector" means one of the inspectors appointed under section 77 of the Education Act 1944;
"relevant employment" has the meaning assigned thereto by Regulation 6;
"qualified teacher" has the meaning assigned thereto by Regulation 13 and "unqualified teacher" shall be construed accordingly.
Approvals
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.
Cross-references
5. Except where the context otherwise requires, any reference in these Regulations to a Regulation or Schedule is a reference to a Regulation contained therein or to a Schedule thereto, 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 OF GENERAL APPLICATION
Employment to which Part II applies
6. This Part shall apply in relation to the employment of persons—
(a) by a local education authority, as teachers (whether or not at a school or further education establishment) or as workers with children or young persons;
(b) by any other body, as teachers at a school or further education establishment;
and any reference in this Part to relevant employment is a reference to such employment.
Staffing of schools and further education establishments
7.—(1) At any school or further education establishment there shall be employed by the authority or body concerned 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 thereat having regard, where there are such arrangements, to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or establishment in question or by the authority or body concerned.
(2) Without prejudice to the generality of paragraph (1)—
(a) the staff of teachers employed at a school shall include a head-teacher;
(b) the staff of teachers employed at a further education establishment 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 III of these Regulations.
Health standards—appointments
8.—(1) A person shall not be appointed to relevant employment unless the authority or body concerned are satisfied as to his health and physical capacity therefor.
(2) For the purposes of this Regulation, where it appears to the authority or body concerned reasonable so to do—
(a) in the case of the first appointment as a teacher of a person in respect of whom the Secretary of State has been satisfied that he has the health and physical capacity for teaching, they may accept the Secretary of State's conclusion in the matter;
(b) in the case of any appointment to relevant employment of a person previously in such employment, they may rely upon the person's medical record while in that employment.
Health standards—continued employment
9.—(1) A person in relevant employment shall not continue in that employment if the authority or body concerned are satisfied that he has not the health or physical capacity therefor.
(2) For the purposes of this Regulation, where it appears to the authority or body concerned that a person may no longer have the health or physical capacity for his employment—
(a) they shall afford him an opportunity to submit medical evidence and make representations to them;
(b) they shall consider such evidence and representations and any other medical evidence available to them, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it;
(c) they may require him, or at his request shall arrange for him, to submit himself for examination by a duly qualified medical practitioner appointed by them and, if without good cause he fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, they may reach a conclusion in the matter on such evidence and information as is available to them, notwithstanding that further medical evidence may be desirable.
(3) At any time before such medical examination as is referred to in paragraph (2)(c) the authority or body concerned, or the person himself, may submit to the appointed medical practitioner a statement containing evidence or other matter relevant to the examination; and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.
Barring by the Secretary of State
10.—(1) The powers conferred on the Secretary of State by paragraph (2) shall only be exercisable—
(a) on medical grounds;
(b) on grounds of a person's misconduct (whether or not evidenced by his conviction of a criminal offence), or
(c) in relation only to employment as a teacher, on educational grounds.
(2) On such grounds as aforesaid the Secretary of State may, subject to such qualifications (if any) as he may specify—
(a) in the case of a person in relevant employment, direct the authority or body concerned—
(i) to suspend or terminate his employment, or
(ii) to make his continued employment subject to specified conditions;
(b) in the case of such a person in respect of whom a direction is given under sub-paragraph (a) or of a person not in relevant employment, direct that—
(i) he be not subsequently appointed or employed in relevant employment by any authority or body, or
(ii) he be only subsequently so appointed or employed in relevant employment subject to specified conditions, including conditions relating to the employment in question.
(3) In the case of a person in relevant employment, the Secretary of State shall not exercise his powers under paragraph (2) without first consulting the authority or body concerned.
(4) Where the Secretary of State is considering exercising his powers under paragraph (2) on medical grounds, sub-paragraphs (a), (b) and (c) of paragraph (2) and paragraph (3) of Regulation 9 shall apply for the purposes of this Regulation as if any reference therein to the authority or body concerned were a reference to the Secretary of State.
(5) Where the Secretary of State is considering exercising his powers under paragraph (2) on grounds of a person's misconduct or on educational grounds—
(a) he shall afford the person concerned an opportunity to make representations to him, and
(b) he shall consider such representations and all other relevant information available to him.
(6) A direction given under this Regulation may be withdrawn or varied by a subsequent direction but, subject as aforesaid, an authority or body employing persons in relevant employment shall comply with such a direction prohibiting or restricting a person's employment or further employment.
Misconduct reports
11. Where an authority or body dismiss a person from relevant employment on grounds of his misconduct (whether or not he is convicted of a criminal offence) or would have so dismissed him, or considered so dismissing him, but for his resignation, the authority or body shall report the facts of the case to the Secretary of State.
PART III
PROVISIONS APPLYING ONLY TO SCHOOLS
Employment to which Part III applies
12. This Part shall apply in relation to the employment of persons, by a local education authority or any other body, as teachers at schools.
Employment normally restricted to qualified teachers
13.—(1) Save in the cases and circumstances specified in Schedule 4, no person shall be employed as a teacher at a school unless he is qualified therefor as mentioned in Schedule 5; and references in this Part to a qualified or unqualified teacher shall, subject to paragraph (2), be construed accordingly.
(2) Save as aforesaid, no person qualified as mentioned in Schedule 5 by reason only that he possesses a...
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