The Education (Teachers) Regulations 1993

Regulations 3(2) and 13

SCHEDULE 3 QUALIFIED TEACHERS AND TRANSITIONAL PROVISIONS RELATING TO QUALIFIED TEACHERS

1.—(1) A person shall be a qualified teacher for the purpose of regulation 13 (but subject to regulations 14 to 16)—

(a) if he was qualified to be employed as a teacher on 31st March 1993 by virtue of Schedule 5 to the 1989 Regulations, or

(b) if, the Secretary of State being satisfied on or after 1st April 1993 that he is a person mentioned in paragraph 2 and, if he is a person mentioned in paragraph 2(6) or (7), that the statement submitted by the recommending body or the States of Guernsey Education Council (as the case may be) is correct, he has received written notification from the Secretary of State that he is a qualified teacher,

and in the case of a person receiving written notification under (b) the person shall, subject to sub-paragraphs (2) and (3), be qualified from such date as the Secretary of State may provide in the notification.

(2) The Secretary of State may provide for a person mentioned in paragraph 2 to be a qualified teacher from a date not more than one year prior to the date of notification to the extent that that is appropriate having regard to all the circumstances of the case.

(3) In the case of a person mentioned in paragraph 2(6) or (7), the Secretary of State shall not provide for the person to be a qualified teacher from a date prior to the date on which he completed the period of service as a licensed teacher or overseas trained teacher (as the case may be) specified in the statement of the recommending body or the States of Guernsey Education Council (as the case may be).

(4) Notwithstanding the provisions of paragraphs 8(2) and 16(2) of Schedule 2, where the school or any of the schools in which a licensed teacher or overseas trained teacher has been employed has changed its status to another type of school or institution during the period of the licence or authorisation, then for the purpose of paragraph 2(6)—

(a) service in the same post or in the employment of the same local education authority shall constitute service as a licensed teacher or overseas trained teacher;

(b) any successor to the recommending body on whose recommendation the Secretary of State granted the licence or authorisation may act as the recommending body.

2.—(1) The person has successfully completed a course at an institution or university in England or Wales which—

(a) is for the degree of Bachelor of Education, the Certificate in Education, the Post-graduate Certificate in Education or a comparable academic award of, in each case, either a university in England or Wales or of the Council for National Academic Awards;

(b) may only be followed by those who have attained in English and mathematics the standard required to obtain Grade C in the General Certificate of Secondary Education; and

(c) was approved at the time when the person completed it as a course for the initial training of teachers in schools.

(2) The person has successfully completed a course of initial training for teachers in schools at an educational institution in Scotland or Northern Ireland.

(3) The person is registered as a teacher of primary or secondary education with the General Teaching Council for Scotland.

(4) The person has been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Department of Education, Northern Ireland Office, that confirmation not having been subsequently withdrawn.

(5) The person is a national of a member State of the European Economic Community who, as respects the profession of school teacher, falls within Article 3 of Council Directive 89/48 EEC(1) on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration.

(6) The recommending body, acting in the case of a school which has a delegated budget with the consent of the local education authority, has submitted to the Secretary of State a recommendation that the person should be awarded qualified teacher status (where the local education authority refuses to give its consent it shall notify the recommending body of its reasons in writing and shall report the facts of the case to the Secretary of State) and—

(a) a statement that he has successfully completed two school years' full-time service or the period of part-time service specified in the licence as a licensed teacher and the training proposed in the recommendation for a licence; or

(b) a statement that he has successfully completed not less than one school year’s service as a licensed teacher and the training proposed in the recommendation for a licence and that before the date of commencement of the licence he had attained the age of 24 years and had been employed for not less than two years as a teacher or lecturer at an independent school or an institution 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 3 to the 1989 Regulations or paragraph 3 of Schedule 2 and was not dismissed on grounds other than redundancy; or

(c) a statement that he has successfully completed not less than one term’s service as a licensed teacher and the training proposed in the recommendation for a licence and that before the date of commencement of the licence he had 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 post-graduate course of initial teacher training for teachers in schools at such an institution (whether or not the same institution); and

that he had been employed for not less than one year as a teacher or lecturer in a school, independent school, institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy; or

(d) a statement that the person has successfully completed not less than one term’s service as an overseas trained teacher and the training proposed in the recommendation for an authorisation.

(7) The States of Guernsey Education Council has submitted to the Secretary of State a recommendation that the person should be awarded qualified teacher status and—

(a) a statement that he has successfully completed two school years' full-time service or the equivalent period of part-time service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence; or

(b) a statement that he has successfully completed not less than one year’s service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence and that before the date of commencement of the licence he had attained the age of 24 years and had been employed for not less than two years as a teacher or lecturer at an independent school or an institution 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 3 to the 1989 Regulations or paragraph 3 of Schedule 2 and was not dismissed on grounds other than redundancy; or

(c) a statement that he has successfully completed not less than one term’s service as a licensed teacher and the training proposed in the recommendation for a licence; and that before the date of commencement of the licence he had 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 post-graduate course of initial teacher training for teachers in schools at such an institution (whether or not the same institution); and

that he had been employed for not less than one year as a teacher or lecturer in a school, independent school, institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy.

(1)

OJ No. L19, 24.1.89, p.16.