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

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PART 1E+W

1.  In this Schedule –E+W

F1...

[F2“the 2008 Regulations” means the Education (Induction Arrangements for School Teachers) (England) Regulations 2008;]

“the CNAA” means the Council for National Academic Awards;

[F3“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);]

“foreign institution” means any institution other than a United Kingdom institution;

“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;

[F4“QTS list request” means a request made to the Secretary of State for inclusion in the list of persons who are qualified teachers in England which is maintained by, or on behalf of, the Secretary of State;]

“recommending body” means the body that is the organiser of the training given or to be given to the person named in the recommendation;

“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;

[F5“specified standards” means—

(a)

in the case of a person (“P”) to whom paragraph 1A applies, the standards specified by the Secretary of State at the time, on or after 25th June 2020, as the standards required of P in order for P to achieve qualified teacher status;

(b)

in all other cases, the standards applying as at the time of assessment specified by the Secretary of State as the standards required of a person who seeks to achieve qualified teacher status;]

F1...

“United Kingdom institution” means an institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is outside the United Kingdom and includes the CNAA.

Textual Amendments

[F61A.—(1) This paragraph applies to a person (“P”) who, before 25th June 2020—E+W

(a)had not passed a skills test; and

(b)would, but for the fact that P had not passed a skills test, have met the specified standards which applied before that date for the purposes of paragraphs 7(1)(d)(i), 7A(c), 9(2)(a) or 10(1)(b)(i) of Part 1 of this Schedule.

(2) In this paragraph, “skills test” means a test of a person’s skills in relation to literacy, numeracy or information and communications technology, administered by the Secretary of State, which, before 25th June 2020, that person was required to pass in order to be a qualified teacher.]

Textual Amendments

2.  The person is a qualified teacher by virtue of paragraph 1 of Schedule 3 to the 1999 Regulations.E+W

[F73.  The person is, immediately before 1st February 2023, a qualified teacher by virtue of regulations made in relation to Wales under section 132 of the Education Act 2002.]E+W

Textual Amendments

4.  The person has successfully completed a course of initial school teacher training at an educational institution in [F8Wales, Scotland] or Northern Ireland.E+W

Textual Amendments

[F95.  The person—E+W

(a)has full registration as a teacher of primary or secondary education with the General Teaching Council for Scotland, and

(b)has, before 1st February 2023, made a QTS list request.]

Textual Amendments

[F106.  The person—E+W

(a)has been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Department of Education, Northern Ireland Office or by the General Teaching Council for Northern Ireland, that confirmation not having been subsequently withdrawn, F11...

(b)has undertaken a period of not less than sixty days practical teaching experience at an educational institution in Northern Ireland [F12, and

(c)has, before 1st February 2023, made a QTS list request]]

Textual Amendments

7.—[F13(1)] The person –E+W

(a)holds a first degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution;

(b)successfully completes a course of initial teacher training at [F14an institution in England which—

(i)is an accredited institution, or

(ii)provides that course on behalf of an accredited institution in England]

(c)[F15(i)]undertakes any period of practical teaching experience for the purposes of that course of initial teacher training wholly or mainly in a school, city college, academy, independent school or other [F16educational institution or early years provider] F17... in England [F18, or in a school administered by Service Children’s Education] [F19, or]

[F20(ii)has been unable, for a reason relating to the incidence or transmission of coronavirus, to undertake such a period wholly or mainly in an institution in England or in a school administered by Service Children’s Education, but before 1st September [F212021] does so in a school or other institution outside England; and]

(d)[F22(i)]is assessed by the accredited institution as meeting the specified standards [F23, or]

[F24(ii)has been unable to meet the specified standards for a reason relating to the incidence or transmission of coronavirus but, before 1st September [F252021], is assessed by the accredited institution as demonstrating adequate progress towards meeting them such that the accredited institution is satisfied that the person would have met them but for that reason.]

Textual Amendments

[F267A.  The person—E+W

(a)holds a first degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution;

(b)is assessed by an accredited institution as meeting such criteria as may from time to time be specified by the Secretary of State; and

(c)has undertaken a period of practical teaching experience such that the person is assessed by the accredited institution as meeting the specified standards.]

Textual Amendments

[F278.—(1) The person is a person who is, as respects the profession of school teacher, entitled to practice pursuant to the 2007 Regulations or the 2015 European Union Regulations, including pursuant to—E+W

(a)a decision taken or right accrued under the 2007 Regulations or the 2015 European Union Regulations before exit day in accordance with paragraph 40 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019;

(b)a decision taken or determination made under the 2015 European Union Regulations in accordance with paragraph 44 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019;

(c)a decision taken or determination made under the 2007 Regulations in accordance with paragraph 50 or paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.

(d)paragraph 42, paragraph 48 or paragraph 49 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations [F282019;]

[F29(e)a decision taken or determination made under the 2015 European Union Regulations in accordance with paragraphs 1, 2(2) and (3) of Schedule 1 to the Professional Qualifications Act 2022 (Commencement No. 3) Regulations 2023.]

(2) In this paragraph, the 2007 Regulations means the European Communities (Recognition of Professional Qualifications) Regulations 2007.]

Textual Amendments

[F308A.—(1) The person is—E+W

[F31(a)entitled to partial access to the profession of school teacher pursuant to—

(i)a decision taken or right accrued under the 2015 European Union Regulations before exit day in accordance with paragraph 40 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019;

(ii)paragraph 42 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019; F32...

(iii)a decision taken or determination made under the 2015 European Union Regulations in accordance with paragraph 44 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019;

[F33(iv)a decision taken or determination made under the 2015 European Union Regulations in accordance with paragraphs 1, 2(2) and (3) of Schedule 1 to the Professional Qualifications Act 2022 (Commencement No. 3) Regulations 2023; and]]

(b)qualified only to teach pupils with special educational needs in the person’s home State;

(2) In this paragraph, “home State” has the meaning given in regulation 2(1) of the 2015 European Union Regulations.]

Textual Amendments

9.—(1) Where a person has been granted an authorisation to teach under Part II or III of Schedule 2 to the 1999 Regulations before 1st September 2002, the recommending body has submitted to the [F34Secretary of State or, before 1st April 2012, submitted to the] Council –E+W

(a)a recommendation that the person should be awarded qualified teacher status; and

(b)a statement described in sub-paragraph (2).

(2) The statement states that the person –

(a)has been assessed by a competent person as meeting the specified standards;

(b)holds a first degree or equivalent qualification granted by a United Kingdom institution, or a qualification of an equivalent standard granted by an educational institution elsewhere; and

(c)satisfies one of the following requirements –

(i)he has successfully completed service as a graduate teacher or a registered teacher for the period of the authorisation and has successfully completed any training proposed in the recommendation for an authorisation;

(ii)he has completed not less than 3 months service as a graduate teacher or not less than one year’s service as a registered teacher and has made such progress during his period of service as a graduate teacher or a registered teacher that in the view of the recommending body he did not need, in the light of that progress, to complete that service for the period of authorisation before being assessed under paragraph (a); or

(iii)he has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country.

(3) In this paragraph a “competent person” means in a case where the recommending body is an accredited institution, that institution, and in any other case it means the person approved by the [F35Secretary of State or, before 1st April 2012, the] Teacher Training Agency for the purpose of carrying out the assessment referred to in paragraph (2)(a).

Textual Amendments

10.—(1) The person –E+W

(a)successfully completes a period of training on an employment-based teacher training scheme, and

(b)[F36(i)]is assessed by or on behalf of the [F37Secretary of State, or was assessed before 1st April 2012 by the Training and Development Agency for Schools,] as meeting the specified standards [F38, or]

[F39(ii)has been unable to meet the specified standards for a reason relating to the incidence or transmission of coronavirus but, before 1st September [F402021], is assessed by an accredited institution as demonstrating adequate progress towards meeting them such that the accredited institution is satisfied that the person would have met them but for that reason.]

F41(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An “employment-based teacher training scheme” is a scheme established by the Secretary of State for the purposes of this paragraph whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school, city college, Academy, independent school or other [F42educational institution or early years provider] F43... .

F41(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 2 para. 10(1)(b)(i): Sch. 2 para. 10(1)(b) renumbered as Sch. 2 para. 10(1)(b)(i) (21.5.2020) by virtue of The Education (School Teachers' Qualifications and Induction Arrangements) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/464), regs. 1, 2(5)(a)

11.—(1) [F44The States of Guernsey Education Department] [F45has, before 1st February 2023, submitted] to the [F46Secretary of State or, before 1st April 2012, submitted to the] Council a recommendation that the person should be awarded qualified teacher status and a statement that the person satisfies the requirements specified in sub-paragraph (2), (3) or (4).E+W

(2) The person successfully completes two school years' full-time service or the equivalent period of part-time service as a teacher licensed by [F44the States of Guernsey Education Department] and the training specified in the licence.

(3) The person –

(a)successfully completes not less than one school year’s service as a teacher licensed by [F44the States of Guernsey Education Department] and the training specified in the licence; [F47and]

F48(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)before the date of commencement of the licence, had been employed for not less than two years as a teacher or a lecturer at an independent school (including a city college or Academy) or [F49a further education institution or an institution within the higher education sector] or a university in the United Kingdom or as an Instructor or Education officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 2 to the 1993 Regulations or paragraph 3 of Schedule 2 to the 1999 Regulations or paragraph 4 of Schedule 2 to the 2003 Specified Work Regulations and was not dismissed on grounds other than redundancy.

(4) The person –

(a)successfully completes not less than one school term’s service as a licensed teacher and the training proposed in the recommendation for a licence;

(b)had, before the date of commencement of the licence, successfully completed either –

(i)a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales, or

(ii)a first degree course and a postgraduate course of initial training for teachers in schools at such an institution (whether or not the same institution); and

(c)had been employed for not less than one year as a teacher or lecturer in a school, independent school (including city college or Academy)F50... or university or other educational [F51institution or early years provider] either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy.

Textual Amendments

12.—(1) Before 1st September 2004 the recommending authority has submitted to the Council a recommendation that the person should be awarded qualified teacher status and a statement that –E+W

(a)on the date of the recommendation he is employed as a teacher in an independent school;

(b)he has been assessed by the recommending authority as meeting the specified standards;

(c)before –

(i)1st January 1974 he obtained qualifications meeting the requirements of paragraph 14, 15, 16, 17, 18, 19 or 20 of Part 2 of this Schedule, or

(ii)1st January 1974 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution, or

(iii)1st September 1989 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology; and

(d)he was employed as a teacher in an independent school at any time before 1st September 1989.

(2) In this paragraph – “recommending authority” means –

(a)in the case of a teacher who is not a head teacher or principal, the head teacher or principal of the independent school at which he is employed to teach, and

(b)in the case of a head teacher or principal, the chairman of the governing body of the school, or if none the proprietor of the school.

13.—(1) Before 1st September 2004 the recommending authority has submitted to the Council a recommendation that a person should be awarded qualified teacher status and a statement that –E+W

(a)on the date of the recommendation he is –

(i)employed as a teacher in a further education institution, or

(ii)an instructor in a school by virtue of paragraph 4 of Schedule 2 to the 2003 Specified Work Regulations;

(b)he has been assessed by the recommending authority as meeting the specified standards;

(c)before–

(i)1st January 1974 he obtained qualifications meeting the requirements of paragraph 14, 15, 16, 17, 18, 19, or 20 of Part 2 of this Schedule;

(ii)1st January 1974 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution; or

(iii)1st September 1989 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology;

(d)he was employed as a teacher in a further education institution at any time before 1st September 1989;

(e)he holds a Certificate in Education or a Post-graduate Certificate in Education; and

(f)in the opinion of the recommending authority, he has sufficient teaching experience to be able to teach pupils aged from 14 years to 19 years.

(2) In this paragraph – “recommending authority” means –

(a)in the case of a teacher who is not a head teacher or principal, the head teacher or principal of the further education institution at which the person is employed to teach; and

(b)in the case of a head teacher or principal, the chairman of the governing body.

[F5213A.—(1) The person—E+W

(a)has successfully completed a programme of professional training for teachers in a country mentioned in sub-paragraph (2), which programme is recognised as such [F53by the relevant competent authority];

[F54(b)has satisfied any additional requirements (including any period of professional experience comparable to an induction period under the 2008 Regulations) which are necessary in order for a person to be eligible for employment as a qualified teacher on a permanent basis—

(i)in Australia, in a government school; or

(ii)in Canada, New Zealand or the United States of America, in a school which is wholly or mainly government funded; F55...]

(c)is not a person mentioned in sub-paragraph (3) [F56; and

(d)has, before 1st February 2023, made a QTS list request].

(2) The countries are—

(a)Australia;

(b)Canada;

(c)New Zealand; and

(d)the United States of America.

(3) The person—

(a)is the subject of any decision of, or proceedings before, the relevant body which restricts or may restrict that person’s eligibility to teach in that country [F57or the part of that country in which the person is or has been employed to teach];

(b)has, before 1st April 2012, failed to obtain qualified teacher status following assessment against the specified standards mentioned in paragraph 10(1)(b) [F58for a reason other than failure to pass a skills test, and for this purpose “skills test” has the meaning given in paragraph 1A]; or

(c)is included on the list kept by the Secretary of State under section 141C(1)(b) of the Education Act 2002.]

[F59(4) In this paragraph, in relation to a country listed in sub-paragraph (2)—

(a)“the relevant competent authority” is—

(i)the national competent authority; or,

(ii)where there is no national competent authority, the competent authority in the part of the country in which that person completed the programme of professional training; and

(b)“relevant body” means—

(i)the national authority or person authorised to take action or decisions in respect of professional disciplinary proceedings concerning the teaching profession in that country; or,

(ii)where there is no national authority, the authority or person so authorised in the part of the country in which that person is or has been employed to teach.]

Textual Amendments

[F6013B.  The person—E+W

(a)has been awarded qualified teacher learning and skills status—

(i)on or before 31st October 2014, by the Institute for Learning; or

(ii)on or after 1st November 2014, by the Education and Training Foundation;

(b)is a professional member of the Education and Training Foundation; and

(c)is not included on the list kept by the Secretary of State under section 141C(1)(b) of the Education Act 2002.]

Textual Amendments

[F6113C.—(1) The person—E+W

(a)is registered as a qualified teacher in a register established and maintained by the Director of Education of Gibraltar; and

(b)is not a person mentioned in sub-paragraph (2).

(2) The person—

(a)is subject to any decision of, or proceedings before, the relevant body which restricts or may restrict that person’s eligibility to teach in Gibraltar;

(b)has, before 1st April 2012, failed to obtain qualified teacher status following assessment against the specified standards mentioned in paragraph 10(1)(b) for a reason other than failure to pass a skills test, and for this purpose “skills test” has the meaning given in paragraph 1A; or

(c)is included on the list kept by the Secretary of State under section 141C(1)(b) of the Education Act 2002.

(3) In this paragraph “relevant body” means the authority or person authorised to take action or decisions in respect of professional disciplinary proceedings concerning the teaching profession in Gibraltar.]

Textual Amendments

[F6213D.—(1) The person has an international qualified teacher status (“iQTS”) qualification awarded by an accredited institution in England which is approved to award iQTS qualifications by the Secretary of State.E+W

(2) For the purposes of this paragraph, an iQTS qualification is a qualification awarded following the successful completion of a course of initial teacher training outside England provided by, or under arrangements made by, an accredited institution in England.

Textual Amendments

13E.—(1) The person—E+W

(a)is qualified to teach in a specified country or territory other than the United Kingdom,

(b)is assessed by or on behalf of the Secretary of State as meeting such requirements as to professional skills and knowledge as may from time to time be specified, and

(c)does not fall within sub-paragraph (2).

(2) A person falls within this sub-paragraph if they are—

(a)the subject of any decision of, or proceedings before, a relevant authority which restricts or may restrict their eligibility to teach in the country in which their overseas teaching qualification was awarded or any part of that country in which they are or have been employed, or

(b)included on the list kept by the Secretary of State under section 141C(1)(b) of the Education Act 2002 (list of persons prohibited from teaching etc).

(3) For the purposes of this paragraph, a person is qualified to teach in a country or territory other than the United Kingdom if they—

(a)have successfully completed a programme of professional training for teachers in that country or territory which is recognised by the national competent authority in that country or territory, or, where there is no national competent authority, the competent authority for the part of the country or territory where the programme was completed, and

(b)have successfully completed any additional requirements which are necessary in order for a person to be eligible as a qualified teacher in the relevant country or territory, or part of the relevant country or territory.

(4) In this paragraph “specified” means specified by the Secretary of State.]

Textual Amendments

[F6313F.  The person is, as respects the profession of school teacher, entitled to practise pursuant to a decision made under Part 2 of the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023.]E+W

Textual Amendments

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