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 F1Secretary of State 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 statusF25

Subject to regulations 6, 7, 8 and 9, a person is a qualified teacher if that person is mentioned in paragraphs 2 to 13B of Part 1 of Schedule 2.

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 EnglandF310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accredited InstitutionsF411

The Secretary of State may accredit an institution as a provider of courses or programmes of initial school teacher training.

David MilibandMinister of State,Department for Education and Skills