Citation, commencement and application1
These Regulations may be cited as the Education (School Teachers' Qualifications) (England) Regulations 2003 and shall come into force on 1st August 2003.
2
These Regulations shall apply in relation to England.
Interpretation3
In these Regulations –
“the 1959 Regulations” means the Schools Regulations 1959 M1;
“the 1982 Regulations” means the Education (Teachers) Regulations 1982 M2;
“the 1989 Regulations” means the Education (Teachers) Regulations 1989 M3;
“the 1993 Regulations” means the Education (Teachers) Regulations 1993 M4;
“the 1999 Regulations” means the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 M5;
“the 2003 Specified Work Regulations” means the Education (Specified Work and Registration) (England) Regulations 2003 M6;
“accredited institution” means an institution accredited by the Teacher Training Agency under regulation 11;
“city college” means a city technology college or a city college for the technology of the arts;
“the Council” means the General Teaching Council for England;
“employment” means employment under a contract of employment or the engagement of a person to provide his services otherwise than under a contract of employment and references to being employed shall be construed accordingly;
“further education institution” means an institution which provides further education and is maintained by a local education authority, or is within the further education sector;
“hearing impaired” means deaf or partially hearing;
“institution” means a further education institution or an institution within the higher education sector;
“school” means a school maintained by a local education authority or a special school not so maintained;
“teaching” means carrying out work of a kind which is specified by regulations made under section 133 of the Education Act 2002 and “to teach” shall be construed accordingly; and
“visually impaired” means blind or partially sighted.
Revocations and transitional provisions4
1
The regulations mentioned in Part 1 of Schedule 1 are revoked to the extent specified in that Schedule.
2
The transitional provisions mentioned in Part 2 of Schedule 1 have effect.
Qualified teacher status5
Subject to regulations 6, 7, 8 and 9, a person is a qualified teacher if he is a person mentioned in –
a
paragraph 2 or 3 of Part 1 of Schedule 2, or
b
paragraphs 4 to 13 of Part 1 of Schedule 2 and he has been awarded qualified teacher status by the Council in accordance with regulation 10.
Mandatory Qualifications for teachers of hearing impaired pupils6
Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are hearing impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.
Mandatory Qualifications for teachers of visually impaired pupils7
Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.
Mandatory Qualifications for teachers of pupils who are both hearing and visually impaired8
1
Subject to paragraph (2) and regulation 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are both hearing impaired and visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.
2
A person who possesses a qualification approved under regulation 6 or 7 shall be a qualified teacher for the purpose of paragraph (1) if his head teacher is satisfied that no teacher with a qualification approved under paragraph (1) is available to teach the class in question.
9
A person who does not possess a qualification approved under regulation 6, 7 or 8 shall be a qualified teacher for the purpose of teaching a class of pupils who are –
a
hearing impaired,
b
visually impaired, or
c
both hearing impaired and visually impaired,
if his head teacher is satisfied that the person in question is in the process of obtaining the qualification required by regulation 6, 7 or 8, as the case may be, and provided that the aggregate period for which he teaches a class of pupils by virtue of this regulation does not exceed three years.
Award of qualified teacher status by the General Teaching Council for England10
1
The Council shall award qualified teacher status to the persons mentioned in paragraphs 4 to 13 of Part 1 of Schedule 2 by written notification.
2
Subject to paragraphs (3) to (6), persons who receive written notification under paragraph (1) shall obtain qualified teacher status from such date as the Council may provide in the notification.
3
Subject to paragraphs (4) to (6), the Council may provide for a person mentioned in paragraphs 4 to 13 of Schedule 2 to obtain qualified teacher status from a date not more than one year prior to the date of written notification to the extent that is appropriate having regard to all the circumstances of the case.
4
In the case of a person mentioned in paragraph 9, 10, 12 or 13 of Schedule 2, the Council shall not provide for that person to obtain qualified teacher status from a date prior to the date on which the assessment referred to in those paragraphs is completed.
5
In the case of a person mentioned in paragraph 11 of Schedule 2, the Council shall not provide for that person to obtain qualified teacher status from a date prior to the date on which he completed the period of service as a teacher licensed by the States of Guernsey Education Council as specified in the statement of the States of Guernsey Education Council.
6
In the case of a person mentioned in paragraph 4, 5 or 6 of Schedule 2, the Council shall provide for that person to obtain qualified teacher status from the date of his qualification as a school teacher in Scotland or Northern Ireland, as the case may be.
Accredited Institutions11
1
The Teacher Training Agency may accredit an institution as a provider of courses or programmes of initial school teacher training.
2
The Teacher Training Agency shall only accredit an institution which satisfies such criteria as may from time to time be specified by the Secretary of State.
3
The Teacher Training Agency may withdraw the accreditation of an institution in accordance with such criteria as may from time to time be specified by the Secretary of State.
4
Before specifying any criteria under paragraphs (2) and (3) the Secretary of State shall consult the Teacher Training Agency.