The Education (School Teachers’ Qualifications and Induction Arrangements) (Amendment) (England) Regulations 2022

Amendment of Schedule 1 to the Education (Induction Arrangements for School Teachers) (England) Regulations 2012

4.—(1) Schedule 1 to the Education (Induction Arrangements for School Teachers) (England) Regulations 2012(1) (exceptions to the requirement to serve an induction period) is amended as follows.

(2) For paragraph 8 substitute—

“8.   A person who—

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

(b) unless the person had, or was eligible for, such registration immediately before 1st February 2023, has successfully completed a probationary period in Scotland.”.

(3) In paragraph 10—

(a) the existing text becomes sub-paragraph (1);

(b) in sub-paragraph (1), after “Regulations” insert—

“—

(a) before 1st February 2023 and remains so qualified; or

(b) pursuant to—

(i) a decision taken or determination made under the 2007 Regulations in accordance with paragraph 50 or paragraph 51 of Schedule 1 to the 2019 Regulations in respect of a transitional application; or

(ii) a decision taken or determination made under the 2015 Regulations in accordance with paragraph 44 of Schedule 1 to the 2019 Regulations in respect of a transitional application”;

(c) after sub-paragraph (1) insert—

“(2) In this paragraph “transitional application” means an application made, but not finally determined, before the transition end date—

(a) under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the 2007 Regulations;

(b) for recognition of a relevant qualification (within the meaning of paragraph 51 of Schedule 1 to the 2019 Regulations); or

(c) under, or relying on an entitlement under, Chapters 1 and 2 of Part 3 of the 2015 Regulations.

(3) For the purposes of sub-paragraph (2)—

(a) “transition end date” means—

(i) in the case of an application made for recognition of a relevant qualification, the end of the period of four years beginning with IP completion day;

(ii) in any other case, 1st February 2023;

(b) an application is finally determined if the competent authority has notified, or is deemed to have notified, the applicant of its decision and either—

(i) the period for appeal against that decision under regulation 36 of the 2007 Regulations or, as the case may be, regulation 68 of the 2015 Regulations has expired without an appeal being made; or

(ii) where an appeal was made against that decision, that appeal has been finally determined or withdrawn;

(c) “competent authority” has the meaning that it has for the purposes of the 2007 Regulations or, as the case may be, the 2015 Regulations.

(4) In this paragraph—

“the 2007 Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007(2);

“the 2015 Regulations” means the European Union (Recognition of Professional Qualifications) Regulations 2015(3);

“the 2019 Regulations” means the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019(4).”.

(4) For paragraph 20 substitute—

“20.   A person who has successfully completed an induction programme for teachers in a school which is administered or maintained by, or on behalf of, the Secretary of State for Defence and outside the United Kingdom.”.

(5) After paragraph 24 insert—

“25.— (1) A person who—

(a) is a qualified teacher and became so qualified on or after 1st February 2023 by virtue of—

(i) regulation 5 of, and paragraph 8 or 8A of Schedule 2 to, the 2003 Qualifications Regulations, otherwise than following a transitional application (within the meaning given in paragraph 10 of this Schedule); or

(ii) regulation 5 of, and paragraph 13E of Schedule 2 to, the 2003 Qualifications Regulations, and

(b) has not less than two years’ full-time teaching experience, or its equivalent, in the United Kingdom or elsewhere.”.

(1)

S.I. 2012/1115; relevant amending instrument is S.I. 2019/312.

(2)

S.I. 2007/2781. The Regulations were revoked, with savings, by S.I. 2015/2059.

(3)

S.I. 2015/2059, as amended by paragraphs 388 to 394 of Schedule 19 to the Data Protection Act 2018 (c. 12) and by S.I. 2016/696, 2016/1030, 2016/1094, 2018/166, 2018/838, 2018/893, 2018/1101, 2019/89, 2019/312 and 2020/1038. The Regulations are revoked by section 5 of the Professional Qualifications Act 2022 (c. 20), but that section is not yet in force.

(4)

S.I. 2019/312. Relevant amending instruments are S.I. 2020/1038 and 2021/574.