The Teachers’ Qualifications (Amendment) (Wales) (EU Exit) Regulations 2019

PART 2 Amendment of subordinate legislation

Amendment of the Head Teachers’ Qualifications and Registration (Wales) Regulations 2005

2.—(1) The Head Teachers’ Qualifications and Registration (Wales) Regulations 2005(1) are amended as follows.

(2) In regulation 2, for the definition of “the 2005 Regulations”, substitute—

““the 2015 Regulations” (“Rheoliadau 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015(2)”.

(3) In regulation 3(1)(e) for “the 2005 Regulations”, substitute “the 2015 Regulations”.

Amendment of the School Teachers’ Qualifications (Wales) Regulations 2012

3.—(1) The School Teachers’ Qualifications (Wales) Regulations 2012(3) are amended as follows.

(2) For paragraph 4 of Schedule 2, substitute—

“4.— (1) )  Persons who as respects the profession of school teacher are, entitled to practice pursuant to the 2007 Regulations or the 2015 European Union Regulations, including pursuant to —

(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(4);

(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; or

(c) a decision taken or determination made under the 2007 Regulations in accordance with paragraph 48 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.

(2) In this paragraph—

“the 2007 Regulations” (“Rheoliadau 2007”) means the European Communities (Recognition of Professional Qualifications) Regulations 2007(5);

“the 2015 European Union Regulations” (“Rheoliadau’r Undeb Ewropeaidd 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015(6). ”

(3) After paragraph 4 of Schedule 2, insert—

“4A.— (1) Subject to sub-paragraphs (2) and (3), persons who are not mentioned in any other paragraph of this Schedule and who possess formal professional qualifications or training that allow them to access or pursue the profession of a school teacher in a school that is wholly or mainly government funded in the state in which the qualification was awarded or where the training was undertaken.

(2) The professional qualifications or training mentioned in sub-paragraph (1) are not, in the opinion of the Welsh Ministers, substantially different to the specific professional qualifications or training required to access or pursue the profession of school teacher in Wales.

(3) Persons are not the subject of any decision of, or proceedings before, a body, which restricts or may restrict a person’s ability to teach in any state or who have been otherwise barred from accessing or pursuing the profession of school teacher.”

Amendment of the Education Workforce Council (Main Functions) (Wales) Regulations 2015

4.—(1) The Education Workforce Council (Main Functions) (Wales) Regulation 2015(7) are amended as follows.

(2) In regulation 7(1) for “one or more of the conditions”, substitute “the following condition”.

(3) In regulation 7(2) omit “first”.

(4) Regulation 7(3) is revoked.

Amendment of the Education Workforce Council (Additional Functions and Revocation) (Wales) Order 2015

5.—(1) The Education Workforce Council (Additional Functions and Revocation) (Wales) Order 2015(8) is amended as follows.

(2) In article 2—

(a) omit the definition of “the Directive”;

(b) for the definition of “the Regulations”, substitute—

“the Regulations means “the European Union (Recognition of Professional Qualifications) Regulations 2015(9)”;”.

(3) In article 3(1) omit “for the purpose of the Directive”.

Amendment of the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2015

6.—(1) The Education (Induction Arrangements for School Teachers) (Wales) Regulations 2015(10) are amended as follows.

(2) For paragraph 8 of Schedule 2, substitute—

“8.   A person who is a qualified teacher who became so qualified by virtue of regulation 5 of, and paragraph 4 or 4A of Schedule 2 to, the School Teachers’ Qualifications Regulations.”

(1)

S.I. 2005/1227 (W.85), as amended by S.I. 2011/1769 (W.196).

(2)

S.I. 2015/2059, amended by section 211 of, and Schedule 19 to the Data Protection Act 2018 (c. 12) , S.I. 2016/696, 2016/1094, 2016/1030, S.I. 2018/838.

(3)

S.I. 2012/724 (W.96), as amended by S.I. 2015/484 (W..41).

(4)

S.I. 2019/312

(5)

S.I. 2007/2871, as amended by S.I. 2015/2059.

(6)

S.I. 2015/2059, amended by section 211 of, and Schedule 19 to the Data Protection Act 2018 (c. 12) , S.I. 2016/696, 2016/1094, 2016/1030, S.I. 2018/838.

(7)

S.I. 2015/140 (W.8).

(8)

S.I. 2015/194 (W.9).

(9)

S.I. 2015/2059, amended by section 211 of, and Schedule 19 to the Data Protection Act 2018 (c. 12) , S.I. 2016/696, 2016/1094, 2016/1030, S.I. 2018/838.

(10)

S.I. 2015/484 (W.41)