The Education (School Teachers' Qualifications) (England) Regulations 2003

Citation, commencement and application E+W

1.  These Regulations may be cited as the Education (School Teachers' Qualifications) (England) Regulations 2003 and shall come into force on 1st August 2003.

2.  These Regulations shall apply in relation to England.

Interpretation E+W

3.  In these Regulations –

“the 1959 Regulations” means the Schools Regulations 1959 M1 ;

“the 1982 Regulations” means the Education (Teachers) Regulations 1982 M2 ;

“the 1989 Regulations” means the Education (Teachers) Regulations 1989 M3 ;

“the 1993 Regulations” means the Education (Teachers) Regulations 1993 M4 ;

“the 1999 Regulations” means the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 M5 ;

“the 2003 Specified Work Regulations” means the Education (Specified Work and Registration) (England) Regulations 2003 M6 ;

[F1 “The 2015 European Union Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015;]

“accredited institution” means an institution accredited by the [F2 Secretary of State] under regulation 11;

“city college” means a city technology college or a city college for the technology of the arts;

“the Council” means the General Teaching Council for England;

[F3 “early years provider” has the meaning given by section 96(3) of the Childcare Act 2006;]

“employment” means employment under a contract of employment or the engagement of a person to provide his services otherwise than under a contract of employment and references to being employed shall be construed accordingly;

“further education institution” means an institution which provides further education and is maintained by a local education authority, or is within the further education sector;

“hearing impaired” means deaf or partially hearing;

F4 ...

“school” means a school maintained by a local education authority or a special school not so maintained;

“teaching” means carrying out work of a kind which is specified by regulations made under section 133 of the Education Act 2002 and “to teach” shall be construed accordingly; and

“visually impaired” means blind or partially sighted.

Textual Amendments

F1 Words in reg. 3 inserted (19.12.2016) by The Education (School Teachers' Qualifications and Induction Arrangements and Special Educational Needs Co-ordinators) (Amendment) Regulations 2016 (S.I. 2016/1123), regs. 1, 2(2)

F2 Words in reg. 3 substituted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 3

F3 Words in reg. 3 inserted (20.10.2021) by The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2021 (S.I. 2021/1093), regs. 1(1), 2(2)(a)

F4 Word in reg. 3 omitted (20.10.2021) by virtue of The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2021 (S.I. 2021/1093), regs. 1(1), 2(2)(b)

Marginal Citations

M1 S.I. 1959/364 as amended by S.I. 1968/1281, 1969/1777, 1971/342, 1973/2021 and 1978/1144.

M2 S.I. 1982/106 as amended by S.I. 1988/542 and 1989/329.

M3 S.I. 1989/1319 as amended by S.I. 1989/1541, 1990/1561, 1991/1134, 1991/1840, 1991/2240 and 1992/1809.

M4 S.I. 1993/543 as amended by S.I. 1997/368, 1997/2679 and 1998/1584.

M5 S.I. 1999/2166 as amended by S.I. 2000/2704, 2001/1391, 2001/2896, 2001/3737, 2002/1434 and 2003/107.

M6 S.I. 2003/1663.

Revocations and transitional provisions E+W

4.—(1) The regulations mentioned in Part 1 of Schedule 1 are revoked to the extent specified in that Schedule.

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

Qualified teacher status E+W

[F5 5.   Subject to regulations 6, 7, 8 and 9, a person is a qualified teacher if that person is mentioned in paragraphs 2 to [F6 13F] of Part 1 of Schedule 2.]

Textual Amendments

F5 Reg. 5 substituted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 4

F6 Word in reg. 5 substituted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 4(2)

Mandatory Qualifications for teachers of hearing impaired pupils E+W

6.  Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are hearing impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.

Mandatory Qualifications for teachers of visually impaired pupils E+W

7.  Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.

Mandatory Qualifications for teachers of pupils who are both hearing and visually impaired E+W

8.—(1) Subject to paragraph (2) and regulation 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are both hearing impaired and visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.

(2) A person who possesses a qualification approved under regulation 6 or 7 shall be a qualified teacher for the purpose of paragraph (1) if his head teacher is satisfied that no teacher with a qualification approved under paragraph (1) is available to teach the class in question.

9.  A person who does not possess a qualification approved under regulation 6, 7 or 8 shall be a qualified teacher for the purpose of teaching a class of pupils who are –

(a) hearing impaired,

(b) visually impaired, or

(c) both hearing impaired and visually impaired,

if his head teacher is satisfied that the person in question is in the process of obtaining the qualification required by regulation 6, 7 or 8, as the case may be, and provided that the aggregate period for which he teaches a class of pupils by virtue of this regulation does not exceed three years.

[F7 Status of teachers from other European states who are qualified only to teach pupils with special educational needs E+W

9A.— (1) A person described in paragraph 8A of Part 1 of Schedule 2 is a qualified teacher only for the purposes of teaching in a special school or a specialist unit.

(2) In this regulation, “specialist unit” means an arrangement—

(i) within a school maintained by a local authority which is not a special school; and

(ii) in which children with special educational needs are taught wholly or mainly within classes designated for such children.]

Textual Amendments

F7 Reg. 9A inserted (19.12.2016) by The Education (School Teachers' Qualifications and Induction Arrangements and Special Educational Needs Co-ordinators) (Amendment) Regulations 2016 (S.I. 2016/1123), regs. 1, 2(3)

Award of qualified teacher status by the General Teaching Council for England E+W

F8 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 10 omitted (1.4.2012) by virtue of The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 5

Accredited Institutions E+W

[F9 11.   The Secretary of State may accredit an institution as a provider of courses or programmes of initial school teacher training.]

Textual Amendments

F9 Reg. 11 substituted (1.4.2012) by The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012 (S.I. 2012/431), regs. 1, 6

David Miliband

Minister of State,

Department for Education and Skills