Part 8Teachers

School teachers' qualifications

132Qualified teacher status

1

A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.

2

A requirement of regulations under this section may relate to—

a

the possession of a specified qualification or experience of a specified kind;

b

participation in or completion of a specified programme or course of training;

c

compliance with a specified condition;

d

an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.

3

The Secretary of State shall consult the General Teaching Council for England before making regulations under this section which make provision by reference to—

a

the content of a course or programme, or

b

the standard of education or training provided through a course or programme.

4

The National Assembly for Wales shall consult the General Teaching Council for Wales before making regulations under this section which make provision by reference to—

a

the content of a course or programme, or

b

the standard of education or training provided through a course or programme.

133Requirement to be qualified

1

Regulations may provide that specified work may not be carried out by a person in a school unless he—

a

is a qualified teacher, or

b

satisfies specified requirements.

2

Regulations specifying work for the purpose of this section may make provision by reference to—

a

one or more specified activities, or

b

the circumstances in which activities are carried out.

3

Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).

4

A requirement of regulations under this section may, in particular, relate to—

a

the possession of a specified qualification or experience of a specified kind;

b

participation in or completion of a specified programme or course of training;

c

compliance with a specified condition;

d

an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.

5

Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).

6

In this section “school” means—

a

a school maintained by a local education authority, or

b

a special school not so maintained.

134Requirement to be registered

1

Regulations may provide that specified work may be carried out in a school by a qualified teacher only if he is registered with full registration under section 3 of the Teaching and Higher Education Act 1998 (c. 30) (register maintained by General Teaching Council).

2

Regulations may provide that work may be carried out by a person in reliance on section 133(1)(b) only if he is registered with provisional registration under section 3 of the Teaching and Higher Education Act 1998.

3

Regulations may provide that a person may undertake a specified course of training with a view to becoming a qualified teacher only if he is registered with provisional registration under that section.

4

Regulations specifying work for the purpose of subsection (1) or (2) may make provision by reference to—

a

one or more specified activities, or

b

the circumstances in which activities are carried out.

5

In this section “school” means—

a

a school maintained by a local education authority, or

b

a special school not so maintained.

135Head teachers

1

Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.

2

Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).

3

A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.

4

Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—

a

pending the appointment of a head teacher, or

b

in the absence of the head teacher.

5

In this section “school” means—

a

a school maintained by a local education authority, or

b

a special school not so maintained.