The Education (Teachers) Regulations 1989

Regulation 2(2)

SCHEDULE 1 GENERAL TRANSITIONAL PROVISIONS

Construction of Schedule

1.—(1) In this Schedule any reference to the 1959 Regulations is a reference to the Schools Regulations 1959(1) (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 1959(2); 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.

(2) In this Schedule any reference to the 1975 Regulations is a reference to the Further Education Regulations 1975(3); and any reference to a prohibition or restriction under any provision 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.

(3) In this Schedule any reference to the 1982 Regulations is a reference to the Education (Teachers) Regulations 1982(4).

Barring of teachers etc.

2.  Any prohibition or restriction on a person’s employment in force–

(a) immediately before 8th April 1982 under paragraph 5 or 6 of Schedule 2 to the 1959 Regulations, or

(b) immediately before 8th April 1982 under regulation 14 or 15 of the 1975 Regulations or under either of those regulations as extended by regulation 17 of those regulations, or

(c) immediately before 1st September 1989, under regulation 10(2) of the 1982 Regulations,

shall have effect as if it were contained in a direction under regulation 10(2) and, accordingly, regulation 10(6) shall apply in relation thereto.

Existing qualifications for teaching hearing impaired pupils

3.  Any person who on 31st August 1989 possessed–

(i) a qualification mentioned in regulation 15(1) of the 1982 Regulations, or

(ii) a comparable qualification approved for the purposes of that regulation, or

(iii) a qualification mentioned in regulation 20(3) of the 1959 Regulations, or

(iv) an equivalent qualification approved for the purposes of that regulation,

shall be treated as possessing a qualification approved for the purpose of regulation 15.

Existing qualifications for teaching visually impaired pupils

4.  Any person who on 31st August 1989 possessed–

(i) a qualification mentioned in regulation 16(1) of the 1982 Regulations, or

(ii) a qualification approved for the purpose of that regulation as comparable to a qualification so mentioned, or

(iii) a qualification for teaching blind pupils which, immediately before 8th April 1982, satisfied the requirements of the Secretary of State under regulation 15(2) of the Handicapped Pupils and Special Schools Regulations 1959(5)

shall be treated as possessing a qualification approved for the purpose of regulation 16.

Continued employment of existing teachers of pupils who are hearing or visually impaired or both

5.—(1) A person who has satisfied the requirements of regulation 18 of the 1982 Regulations for employment at a special school as the teacher of a class of pupils who were both deaf or partially hearing and also blind may, notwithstanding that he is not a qualified teacher for the purpose of regulation 17(1), be employed at a school as a teacher of a class of pupils who are both hearing and visually impaired.

(2) Any person who on 31st August 1989 was employed as the teacher of a class of pupils who are:–

(a) hearing impaired,

(b) visually impaired, or

(c) both hearing impaired and visually impaired,

may continue to be so employed until 31st August 1994 notwithstanding that he is not a qualified teacher in accordance with regulation 15, 16 or 17(1), as the case may be, for the purpose of such employment, if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under regulation 15, 16 or 17(1), as the case may be.

Period of employment of student teachers

6.  An approval for the purposes of regulation 17(2) of the 1959 Regulations or paragraph 5(2)(a) of Schedule 4 to the 1982 Regulations of a period exceeding two years during which a person may be employed as a student teacher shall have effect as if given for the purposes of paragraph 2(2)(a) of Schedule 3.

Approval of courses for initial training of teachers

7.  Any approval given for the purposes of paragraph 2(a)(ii) of Schedule 5 to the 1982 Regulations of a course as one for the initial training of teachers, in force immediately before 1st September 1989, shall have effect as if given for the purpose of paragraph 2(2)(a)(iii) of Schedule 5.

Approval of abnormal probation period

8.  Where, in the case of a particular teacher, a probationary period shorter or longer than the normal period had been determined for the purposes of sub-paragraph (4) or (5) of paragraph 3 of Schedule 6 to the 1982 Regulations but had not been completed before 1st September 1989 that determination shall have effect as if it was a determination under paragraph 3(3) or, as the case may be, paragraph 3(4) of Schedule 6, by the relevant authority or body in relation to the teacher in question for the purposes of that Schedule.

Probation decisions by the Secretary of State

9.—(1) A teacher who was determined to be unsuitable for further employment as a qualified teacher pursuant to paragraph 2(c) of Schedule 2 to the 1959 Regulations or who received written notice under paragraph 5(2) of Schedule 6 to the 1982 Regulations shall not be employed as a teacher in a school maintained by a local education authority without the consent of the Secretary of State.

(2) An approval given for the purposes of paragraph 2(c) of Schedule 2 to the 1959 Regulations or a consent given for the purpose of paragraph 5(2)(b) of Schedule 6 to the 1982 Regulations for the further employment of a teacher shall have effect as if it were a consent given for the purposes of sub-paragraph (1), and paragraph 3(1) of Schedule 6 shall have effect as if the teacher had taken up his appointment at the beginning of that period of further employment.

(1)

S.I. 1959/364; relevant amending instruments are S.I. 1968/1281, 1969/1777, 1971/342, 1973/2021 and 1975/1054.

(2)

S.I. 1959/365; relevant amending instruments are S.I. 1968/1281 and 1971/342.

(3)

S.I. 1975/1054.

(4)

S.I. 1982/106, as amended by S.I. 1988/542 and 1989/329.

(5)

S.I. 1959/365.