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The Education (Specified Work and Registration) (England) Regulations 2003

As Enacted Cited authorities 7 Cited in Amendments 23 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2003/1663

2003 No. 1663

EDUCATION, ENGLAND

The Education (Specified Work and Registration) (England) Regulations 2003

Made 2nd July 2003

Laid before Parliament 8th July 2003

Coming into force 1st August 2003

In exercise of the powers conferred on the Secretary of State by sections 133, 134, 145 and 210 of the Education Act 20021the Secretary of State for Education and Skills hereby makes the following Regulations:

Citation, commencement and application

Citation, commencement and application

S-1 These Regulations may be cited as the Education (Specified Work...

1. These Regulations may be cited as the Education (Specified Work and Registration) (England) Regulations 2003 and shall come into force on 1st August 2003.

S-2 These Regulations apply in relation to England.

These Regulations apply in relation to England.

2. These Regulations apply in relation to England.

Interpretation
S-3 Interpretation

Interpretation

3. In these Regulations—

“the 1998 Act” means the Teaching and Higher Education Act 19982;

“the 1959 Regulations” means the Schools Regulations 19593;

“the 1982 Regulations” means the Education (Teachers) Regulations 19824;

“the 1989 Regulations” means the Education (Teachers) Regulations 19895;

“the 1993 Regulations” means the Education (Teachers) Regulations 19936;

“the 1999 Regulations” means the Education (Teachers' Qualifications and Health Standards) (England) Regulations 19997; and

“the 2003 Qualifications Regulations” means the Education (School Teachers' Qualifications) (England) Regulations 20038.

Revocations, savings and transitional provisions
S-4 Revocations, savings and transitional provisions

Revocations, savings and transitional provisions

4.—(1) Subject to paragraph (2) the Regulations mentioned in Part I of Schedule 1 are revoked to the extent specified in that Schedule.

(2) The savings and transitional provisions mentioned in Part 2 of Schedule 1 have effect.

Requirement to be qualified
S-5 Requirement to be qualified

Requirement to be qualified

5. No person may carry out work specified in regulation 6 in a school unless he—

(a) is a qualified teacher, or

(b) satisfies the requirements specified in Schedule 2.

Specified work
S-6 Specified work

Specified work

6.—(1) Each of the following activities is specified work for the purposes of these Regulations—

(a)

(a) planning and preparing lessons and courses for pupils;

(b)

(b) delivering lessons to pupils;

(c)

(c) assessing the development, progress and attainment of pupils; and

(d)

(d) reporting on the development, progress and attainment of pupils.

(2) In paragraph (1)(b) “delivering” includes delivery via distance learning or computer aided techniques.

Requirement to be registered
S-7 Requirement to be registered

Requirement to be registered

7. Subject to the exceptions mentioned in Schedule 3, a qualified teacher may carry out work specified in regulation 6 in a school only if he is registered with full registration under section 3 of the 1998 Act (register maintained by the General Teaching Council)9.

David Miliband

Minister of State,

Department for Education and Skills

2nd July 2003

SCHEDULE 1

Regulation 4

SCHEDULE 1

1 REVOCATIONS

PART 1

REVOCATIONS

Regulations Revoked

Reference

Extent of Revocation

The Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999

S.I. 1999/2166

Paragraphs 6 and 7 of Schedule 1;

Schedule 2

The Teachers (Compulsory Registration) (England) Regulations 2001

S.I. 2001/1266

The whole Regulations

The Education (Teachers' Qualifications and Health Standards) (England) (Amendment) Regulations 2001

S.I. 2001/1391

The whole Regulations

The Education (Teachers' Qualifications and Health Standards) (England) (Amendment No.2) Regulations 2001

S.I. 2001/2896

The whole Regulations
2 SAVINGS AND GENERAL TRANSITIONAL PROVISIONS

PART 2

SAVINGS AND GENERAL TRANSITIONAL PROVISIONS

SCH-1.1

1. Probation decisions by the Secretary of State

(1) In the case of a person who on 1st September 1992 had commenced but not completed a period of probation under regulation 14 of, and Schedule 6 to, the 1989 Regulations, regulation 14 and Schedule 6 shall continue to have effect until all their provisions have been complied with.

(2) A teacher who—

(a)

(a) has been determined to be unsuitable for further employment as a qualified teacher pursuant to paragraph 2(c) of Schedule 2 to the 1959 Regulations, or

(b)

(b) received written notice under paragraph 5(2) of Schedule 6 to the 1982 Regulations,

shall not carry out work specified in regulation 6 in a school without the consent of the Secretary of State.

SCH-1.2

2. Licensed, overseas trained and registered teachers

(1) The 1993 Regulations shall continue to apply as if the Education (Teachers) (Amendment) (No. 2) Regulations 199710, the 1999 Regulations, the 2003 Qualifications Regulations and these Regulations had not been made, for the purposes of —

(a)

(a) permitting the employment as a teacher at a school of an unqualified teacher who was a licensed teacher or an overseas trained teacher as therein defined on 30th November 1997, and duties imposed on persons in connection therewith shall continue to apply; and

(b)

(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) A person who is employed at a school by virtue of sub-paragraph (1)(a) may carry out work specified in regulation 6 in a school until he ceases to be so employed.

SCH-1.3

3. Graduate Teachers

In the case of a person who before 1st September 2002 was granted an authorisation to teach under paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations, those paragraphs shall continue to have effect as if these Regulations had not been made, until that person successfully completes or ceases to undertake the training proposed by virtue of those paragraphs.

SCH-1.4

4. Registered Teachers

In the case of a person who before 1st September 2002 was granted an authorisation to teach under paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations, those paragraphs shall continue to have effect as if these Regulations had not been made, until that person successfully completes or ceases to undertake the training proposed by virtue of those paragraphs.

SCHEDULE 2

Regulation 5

THE REQUIREMENTS TO BE SATISFIED BY PERSONS WHO ARE NOT QUALIFIED TEACHERS IN ORDER TO CARRY OUT WORK SPECIFIED IN REGULATION 6

SCH-2.1

1. Interpretation

In this Schedule—

“accredited institution” means an institution accredited by the Teacher Training Agency under regulation 11 of the 2003 Qualifications Regulations or an institution accredited by virtue of Regulations made in relation to Wales under section 132 of the Education Act 2002 or, until such Regulations come into force, an institution accredited by the Higher Education Funding Council for Wales under paragraph 2 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 199911;

“employment-based teacher training scheme” means the scheme established by the Secretary of State under either paragraph 19 of Schedule 2 to the 1999 Regulations or paragraph 10 of Schedule 2 to the 2003 Qualifications Regulations;

“graduate teacher” means a person who has been granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1st September 2002; and

“registered teacher” means a person who has been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1st September 2002.

SCH-2.2

2. Existing unqualified teachers in nursery classes and at nursery schools

(1) This paragraph applies in the case of—

(a)

(a) an assistant teacher at a nursery school, or

(b)

(b) a teacher of a nursery class,

who was permitted to be employed as a teacher by paragraph 4 of Schedule 4 to the 1982 Regulations and who was so employed immediately before 1st September 1989.

(2) Such a person may carry out work specified in regulation 6 in a school, in the same capacity as he was employed before 1st September 1989.

SCH-2.3

3. Student Teachers

(1) This paragraph applies to a person aged over 18 years who either—

(a)

(a) has been accepted for admission to a course of initial training for teachers in schools at an accredited institution in England or Wales, and is awaiting admission to that course; or

(b)

(b) has been admitted to such a course but has failed satisfactorily to complete it by the date at the end of the period ordinarily required therefor, but during the next year following that date is continuing the course with a view to so completing it within that year.

(2) Such a person may carry out work specified in regulation 6 in a school (other than a pupil referral unit) only if —

(a)

(a) the aggregate period for which he has been—

(i) carrying out the work specified in regulation 6 by virtue of this paragraph, and

(ii) employed by virtue of paragraph 2(2) of Schedule 2 to the 1999 Regulations or paragraph 2(2) of Schedule 2 to the 1993 Regulations or paragraph 2(2) of Schedule 3 to the 1989 Regulations by one or more than one authority or body,

does not exceed 2 years or such longer period, if any, as is approved in his case by the Secretary of State; and

(b)

(b) the following conditions are satisfied –

(i) he carries out work specified in regulation 6 in order to assist or support the work of a qualified teacher or a nominated teacher in the school;

(ii) he is subject to the direction and supervision of such a qualified teacher or nominated teacher in accordance with arrangements made by the head teacher of the school; and

(iii) the head teacher is satisfied that he has the skills, expertise and experience required to carry out work specified in regulation 6.

(3) In this paragraph “nominated teacher” has the same meaning as in paragraph 10.

SCH-2.4

4. Instructors with special qualifications or...

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