Education (Teachers) Regulations 1993
| Jurisdiction | UK Non-devolved |
| Citation | SI 1993/543 |
| Year | 1993 |
1993 No. 543
EDUCATION, ENGLAND AND WALES
The Education (Teachers) Regulations 1993
Made 8th March 1993
Laid before Parliament 10th March 1993
Coming into force 1st April 1993
In exercise of the powers conferred by sections 218(1)(a), (b), (c) and (d), (2), (3), (5) and (6) and 232(5) of the Education Reform Act 19881, the Secretary of State for Education hereby makes the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Education (Teachers) Regulations 1993 and shall come into force on 1st April 1993.
Revocations and transitional provisions
2.—(1) The Education (Teachers) Regulations 19892, the Education (Teachers) (Amendment) (No. 2) Regulations 19893, the Education (Teachers) (Amendment) Regulations 19904, the Education (Teachers) (Amendment) Regulations 19915, the Education (Teachers) (Amendment) (No. 2) Regulations 19916, the Education (Teachers) (Amendment) (No. 3) Regulations 19917and the Education (Teachers) (Amendment) Regulations 19928are hereby revoked.
(2) Schedule 1 shall have effect as respects the transitional matters there mentioned.
Schools and institutions to which these Regulations apply and 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, a special school not so maintained, or a grant-maintained school;
(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;
(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—
“authorisation” means an authorisation to teach granted to a person by the Secretary of State in accordance with Part III 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 Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies;
(f) a course for the Certificate in Education;
(g) a course in preparation for a professional examination at a standard higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business and Technician Education Council;
(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 National Certificate or the National Diploma of the Business and Technician Education Council;
“licence” means a licence to teach granted to a person by the Secretary of State in accordance with Part II of Schedule 2;
“licensed teacher” means a person to whom a licence has been granted;
“overseas trained teacher” means a person to whom an authorisation has been granted;
“qualified teacher” has the meaning assigned thereto by regulation 13 and “unqualified teacher” shall be construed accordingly;
“recommending body” means—
(a) in the case of a special school maintained by a local education authority or a county, controlled, aided or special agreement school which has no delegated budget, the local education authority;
(b) in the case of such a school which has a delegated budget, the governing body of the school;
(c) in the case of a grant-maintained school, the governing body of the school; and
(d) in the case of a special school not maintained by a local education authority, the governing body of the school;
and any reference to a school which has a delegated budget shall be construed in accordance with section 33(6)(b) of the Education Reform Act 1988;
“relevant employment” has the meaning assigned thereto by regulation 7;
“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 19599(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 195910; 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 1975 Regulations is a reference to the Further Education Regulations 197511; and any reference to a prohibition or restriction under any provisions of those Regulations shall be construed as including a reference to one which, by virtue of regulation 4(3) thereof, had effect as if given under that provision;
(c)
(c) any reference to the 1982 Regulations is a reference to the Education (Teachers) Regulations 198212;
(d)
(d) any reference to the 1989 Regulations is a reference to the Education (Teachers) Regulations 198913.
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, and “approved” in relation to a course means approved by the Secretary of State.
Cross references
5. Except where the context otherwise requires 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 FURTHEREDUCATION INSTITUTIONS
Staffing of schools and further education institutions
6.—(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
Employment to which Part III applies
7. 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 institution) or as workers with children or young persons;
(b) by any other body, as teachers at a school or further education institution;
(c) by the governing body of a school or further education institution as workers with children or young persons
and any reference in this Part to relevant employment is a reference to such employment.
Health standards — appointments
8.—(1) A person shall not be appointed to relevant employment unless his employers are satisfied as to his health and physical capacity therefor.
(2) For the purpose of this regulation, where it appears to his employers reasonable so to do—
(a)
(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 conclusions in the matter;
(b)
(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 his employers are satisfied that he has not the health or physical capacity therefor.
(2) For the purposes of this regulation, where it appears to his employers that a person may no longer have the health or physical capacity for his employment—
(a)
(a) they shall afford him an opportunity to submit medical evidence and make representations to them;
(b)
(b) they shall consider such evidence and representations and any other medical evidence...
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