The Education (Induction Arrangements for School Teachers) (England) Regulations 2008
| Jurisdiction | UK Non-devolved |
2008 No. 657
Education, England
The Education (Induction Arrangements for School Teachers) (England) Regulations 2008
Made 7th March 2008
Laid before Parliament 17th March 2008
Coming into force 1st September 2008
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 19 and 42(6) of the Teaching and Higher Education Act 19981:
Citation, commencement and application
1.—(1) These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) Regulations 2008 and come into force on 1st September 2008.
(2) These Regulations apply in relation to England.
Revocations and transitional provision
2.—(1) Subject to paragraph (2), the Regulations specified in Schedule 1 are revoked to the extent specified in that Schedule.
(2) The Regulations specified in Schedule 1 continue to apply to any person who completed an induction period within the meaning of the 2001 Induction Regulations before 1st September 2008, and these Regulations do not apply to any such person.
(3) In paragraph (2) the reference to a person who has completed an induction period includes a person—
(a)
(a) whose induction period is extended under regulations 16(3)(b), 19(3)(c) or 19(4)(c) of the 2001 Induction Regulations; and
(b)
(b) who immediately before 1st September 2008 has not completed the induction period as so extended.
Interpretation
3. In these Regulations—
“the 1996 Act” means the Education Act 19962;
“the 1998 Act” means the School Standards and Framework Act 19983;
“the 2002 Act” means the Education Act 20024;
“the 2006 Act” means the Education and Inspections Act 20065;
“the 2001 Induction Regulations” means the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 20016
“the 2003 Qualifications Regulations” means the Education (School Teachers’ Qualifications) (England) Regulations 20037;
“appropriate body” means the appropriate body under regulation 6;
“authority” means a local education authority;
“Chief Inspector” means Her Majesty’s Chief Inspector of Education, Children’s Services and Skills;
“the Council”, except in regulation 18(5), means the General Teaching Council for England;
“employment-based teacher training scheme” means a scheme established, or having effect as if established, by the Secretary of State for the purposes of paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations8;
“governing body” in relation to a further education institution has the same meaning as in section 90(1) of the Further and Higher Education Act 19929;
“head teacher” is to be construed as a reference to the lead head teacher where regulation 14 applies;
“institution” means a relevant school, an independent school or a further education institution in which an induction period may be served under these Regulations, as the context requires;
“key stage” has the same meaning as in section 82(1) of the 2002 Act;
“non-maintained special school” means a school approved by the Secretary of State under section 342 of the 1996 Act (approval of non-maintained special schools);
“operating day” has the meaning given in regulation 4;
“pupil referral unit” has the same meaning as in section 19 of the 1996 Act;
“qualified teacher” means a person who satisfies requirements specified in regulations made under section 132 of the 2002 Act;
“school year” means the period beginning with the first term to begin after July and ending with the beginning of the first such term to begin after the following July;
“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;
“special school” has the same meaning as in section 337(1) of the 1996 Act;
“supply teacher” means a teacher employed wholly or mainly for the purpose of supervising or teaching pupils whose regular teacher is not available to teach them;
“the Welsh Induction Regulations” means the Education (Induction Arrangements for School Teachers) (Wales) Regulations 200510; and
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 in England11.
Meaning of references to operating day
4.—(1) In these Regulations “operating day” means, in relation to an institution, a day on which the institution is open for providing facilities for education or in connection with the provision of such facilities.
(2) The following provisions of this regulation apply for the purposes of determining the extent to which an operating day is to be counted when calculating for the purposes of these Regulations a period of operating days or whether a period consists of a specified number of operating days.
(3) An operating day is not to be counted unless it is a day on which the person concerned is required to work under the terms of the person’s contract of employment or terms of engagement.
(4) Where, in the case of a person who is in part-time employment, the person is required to work for no less time on a particular day than the person would have been if employed to work full-time, the whole day is to be counted.
(5) Where, in the case of a person who is in part-time employment on a particular day, the person is only required to work for a part of the time that the person would have been required to work if employed full-time, only that part of the day counts as determined in accordance with paragraph (6).
(6) In a case falling within paragraph (5) the amount that the part of the day represents is A/ B where—
A is the amount of time (rounded up to the nearest hour) that the person is required to work on the particular day, and
B is the amount of time (rounded up to the nearest hour) that the person would be required to work on that day if contracted or engaged to work full-time.
Breach of time limits
5. Failure by any person to discharge any duty within a time limit specified in these Regulations does not relieve that person of that duty.
Appropriate body
6. For the purpose of these Regulations—
(a) the appropriate body in relation to a community, foundation or voluntary school, a community or foundation special school, or a maintained nursery school (in each case within the meaning of the 1998 Act) is the authority maintaining it;
(b) the appropriate body in relation to a non-maintained special school is the authority for the area in which the school is situated;
(c) the appropriate body in relation to an independent school is the relevant body referred to in regulation 8(3)(c); and
(d) the appropriate body in relation to a further education institution is the authority referred to in regulation 8(5).
Requirement to serve an induction period
7.—(1) Subject to the exceptions in Schedule 2, no qualified teacher is to be employed as a teacher at a relevant school12unless that person has satisfactorily completed an induction period in accordance with the following provisions of these Regulations in a school or a further education institution to which regulation 8(1) refers.
(2) A person is employed for the purposes of paragraph (1) if that person is engaged to provide services as a teacher, whether under a contract of employment or otherwise, in accordance with section 43(2) of the Teaching and Higher Education Act 199813.
Institutions in which an induction period may be served
8.—(1) Subject to paragraph (2), an induction period may only be served in—
(a)
(a) a relevant school in England;
(b)
(b) in the circumstances specified in paragraph (3) an independent school in England;
(c)
(c) in the circumstances specified in paragraph (5) a further education institution in England; or
(d)
(d) a school or a further education institution in Wales in which an induction period may be served under the Welsh Induction Regulations.
(2) An induction period may not be served in—
(a)
(a) a school which is eligible for intervention by virtue of section 62 of the 2006 Act, unless—
(i) the person in question first worked as a qualified teacher, or was employed on an employment-based teacher training scheme, at the school at a time when the school was not eligible for intervention by virtue of section 62 of the 2006 Act or at a time when the circumstances described in section 15(6) of the 1998 Act did not apply, or
(ii) the Chief Inspector has certified in writing that the Chief Inspector is satisfied that the school, or the part of such a school in which the person in question teaches, is fit for the purpose of providing induction supervision and training;
(b)
(b) a pupil referral unit; or
(c)
(c) a further education institution where the most recent report made pursuant to section 124(4)(a) of the 2006 Act stated that the Chief Inspector considered that the education or training inspected was not of an adequate quality, unless—
(i) the person in question first worked as a qualified teacher in that institution at a time when the most recent of such reports did not state that the Chief Inspector considered that the education or training inspected was not of an adequate quality, or
(ii) the Chief Inspector has certified in writing that the institution, or the part of such an institution in which the person in question teaches, is fit for the purpose of providing induction supervision and training.
(3) The circumstances in which a person may serve an induction period in an independent school are that—
(a)
(a) in the case of a person who is employed to teach pupils at the third or fourth key stage, the...
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