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Regulation 5
1. A person who on 7th May 1999 was a qualified teacher.E+W
2. A person who—E+W
(a)is serving an induction period (including an extended induction period); or
(b)has completed such an induction period and is being employed to work as a teacher pending a decision of the appropriate body pursuant to regulation 11(5) of these Regulations or regulation 14(3) of the Welsh Induction Regulations.
3. A person who has failed satisfactorily to complete an induction period who continues to be employed pending the outcome of that person's appeal.E+W
4. A person who is employed for one or more periods of less than one school term as a supply teacher during the period of five years starting on the date on which that person becomes a qualified teacher.E+W
5. A person who can no longer be employed under paragraph 4 of this Schedule but who is employed for a period as a supply teacher while serving an induction period in part-time service.E+W
6. A person who has satisfactorily completed an induction period under regulations made from time to time under section 19 of the Teaching and Higher Education Act 1998 M1 in relation to teachers in Wales.E+W
Marginal Citations
M11998 c. 30. Section 19 has been amended by section 11 of, and Schedule 2 to, the 2011 Act.
7. A person—E+W
(a)who qualified as a teacher in England on or after 7th May 1999 but on or before 1st April 2003;
(b)whose first post as a teacher (including as a supply teacher) following that person's qualification was in a school in Wales; and
(c)who on or before 1st April 2003 has completed not less than two school terms' service in such a post.
8. A person who has, or is eligible for, full registration as a teacher of primary or secondary education with the General Teaching Council for Scotland.E+W
9. A person who—E+W
(a)has successfully completed the induction stage of teacher education in Northern Ireland; or
(b)was employed as a teacher in Northern Ireland at any time prior to the introduction of the induction stage of teacher training in Northern Ireland.
10. A person who is, as respects the profession of school teacher, entitled to practice pursuant to Part 2 and Chapters 1, 2 and 4 of Part 3 of [F1the European Union (Recognition of Professional Qualifications) Regulations 2015] [F2including where the person is entitled to partial access to the profession of school teacher by virtue of Part 1 of those Regulations].E+W
Textual Amendments
F1Words in Sch. 1 para. 10 substituted (18.1.2016) by The European Union (Recognition of Professional Qualifications) Regulations 2015 (S.I. 2015/2059), regs. 1, 77(2) (with reg. 78)
F2Words in Sch. 1 para. 10 inserted (19.12.2016) by The Education (School Teachers Qualifications and Induction Arrangements and Special Educational Needs Co-ordinators) (Amendment) Regulations 2016 (S.I. 2016/1123), regs. 1, 3(2)
11. A person who has successfully completed a probationary period for teachers under arrangements approved and supervised by the Director of Education of Gibraltar.E+W
12. A person who has successfully completed the States of Jersey Induction Programme for Newly Qualified Teachers.E+W
13. A person who has been approved by the States of Guernsey Education Department as having successfully completed an induction period for teachers.E+W
14. A person who has successfully completed an induction period for teachers under arrangements approved and supervised by the Isle of Man Department of Education and Children.E+W
15. A person who on or before 7th May 1999—E+W
(a)was employed as a teacher at a relevant school in England or Wales; and
(b)either—
(i)had successfully completed a course of initial training for teachers in schools at an educational institution in Scotland; or
(ii)was registered as a teacher of primary or secondary education with the General Teaching Council for Scotland.
16. A person who on or before 7th May 1999—E+W
(a)was employed as a teacher at a relevant school in England or Wales; and
(b)either—
(i)had successfully completed a course of initial training for teachers in schools at an educational institution in Northern Ireland; or
(ii)had been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Northern Ireland Department of Education, that confirmation not having been withdrawn at any time subsequent to the award.
17. A person who is a qualified teacher and who became so qualified by virtue of regulation 5 of, and paragraph 12 of Schedule 2 to, the 2003 Qualifications Regulations.E+W
18. A person who—E+W
(a)has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such by the competent authority in that country;
(b)has not less than two years' full-time teaching experience, or its equivalent, in the United Kingdom or elsewhere;
(c)is a qualified teacher who became so qualified on or after 26th April 2001 by virtue of regulation 5 of, and paragraph 9 or 10 of Schedule 2 to, the 2003 Qualifications Regulations; and
(d)has been assessed by a person approved by the Secretary of State as meeting the standards mentioned in regulation 10(5).
19. A person who is a qualified teacher who became so qualified by virtue of regulation 5 of, and paragraph 13 of Schedule 2 to, the 2003 Qualifications Regulations.E+W
20. A person who has successfully completed the Service Children's Education Schools Induction Programme in Germany or Cyprus.E+W
21. A person who on or before 1st September 2003 has successfully completed a course of initial teacher training in an educational institution in Wales.E+W
22. A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13A of Schedule 2 to, the 2003 Qualifications Regulations.E+W
23. A person who is a qualified teacher and became so qualified by virtue of regulation 5 of, and paragraph 13B of Schedule 2 to, the 2003 Qualifications Regulations.E+W
24.—(1) A person —E+W
(a)who has been informed in error by the General Teaching Council for England or the Secretary of State that they are exempt from the requirement to complete an induction period; or
(b)who has satisfactorily completed an induction period but is unable to produce verifying data,
and in relation to whom the appropriate body are satisfied, on the basis of the information referred to in sub-paragraph (2), that they have met the standards referred to in regulation 10(5).
(2) The information referred to is the person's most recent available appraisal report, covering a period of one year within the previous five years, from an institution referred to in regulation 6.
(3) For the purposes of this paragraph, an appraisal report means a report of an appraisal or its equivalent carried out under the School Teacher Appraisal (Wales) Regulations 2002 M2, the Education (School Teacher Performance Management) (England) Regulations 2006 M3 or the Education (School Teachers' Appraisal) (England) Regulations 2012 M4.
Marginal Citations
M2S.I. 2002/1394, as amended by S.I. 2007/944 and further amended by S.I. 2009/2159, 2009/2864 and 2010/1142.
M3S.I. 2006/2661, as amended by S.I. 2010/1172.
Regulation 11
Textual Amendments
F3Sch. 1A inserted (25.6.2020) by The Teachers Skills Test (England) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/476), regs. 1, 5(b)
1. This Schedule applies to a person (in this Schedule, “P”) who—
(a)qualified as a teacher between 1st May 2000 and 30th April 2001;
(b)has completed an induction period;
(c)had not passed a numeracy skills test before 25th June 2020; and
(d)was required to pass a numeracy skills test in order to achieve the standards mentioned in regulation 10(5).
2.—(1) P may ask the appropriate body to decide whether P has satisfactorily completed an induction period.
(2) A request under sub-paragraph (1) must be submitted in writing, with any written representations or other evidence upon which P wishes to rely, to—
(a)the appropriate body; and
(b)the Secretary of State.
3. When making a decision pursuant to paragraph 2 (also see regulation 11(5)), the appropriate body must disregard the fact that P had not passed a numeracy skills test before 25th June 2020.
4. In this Schedule—
“appropriate body” has the meaning given in regulation 11(9);
“numeracy skills test” means any numeracy test determined by the Secretary of State, before 25th June 2020, as an induction standard under regulation 10(5) in relation to a person who qualified as a teacher between 1st May 2000 and 30th April 2001.]
Regulation 11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 2 omitted (25.6.2020) by virtue of The Teachers Skills Test (England) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/476), regs. 1, 5(c)
Regulation 14
1. In this Schedule—
“appellant” means a person who appeals to the Secretary of State under regulation 14(1);
“the parties” means the appellant and the respondent and a “party” means the appellant or the respondent, or either of the parties, as the context requires;
“respondent” means the appropriate body which took the decision which is the subject of the appeal.
2. An appeal to the Secretary of State must be made by notice served on the Secretary of State within 20 working days beginning with the day on which the appellant is deemed to have received the notice under regulation 11(7).
3. A notice of appeal must—
(a)contain—
(i)the name and contact details of the appellant;
(ii)the name and contact details of the institution at which the appellant was employed at the completion of the induction period;
(iii)if the appellant is employed in a teaching capacity at the date the appellant makes the appeal, the name and contact details of the appellant's employer;
(iv)the name and contact details of any person representing the appellant in respect of the appeal;
(v)the grounds on which the appellant appeals;
(vi)a statement as to whether or not the appellant requests an oral hearing;
(b)be signed by or on behalf of the appellant;
(c)be accompanied by a copy of—
(i)the notice given under regulation 11(7);
(ii)any reasons given by the respondent in support of such notice;
(iii)any other information on which the appellant seeks to rely for the purposes of the appeal.
4.—(1) The appellant may serve an amended notice of appeal on the Secretary of State at any time and, subject to sub-paragraph (2), the Secretary of State must send a copy to the respondent.E+W
(2) The Secretary of State need not comply with sub-paragraph (1) if the amended notice of appeal is received after the Secretary of State has—
(a)determined to decide the appeal without a hearing; or
(b)(as the case may be) notified the parties in accordance with paragraph 13(1).
(3) Paragraph 3(a)(i) and (v), (b) and (c)(iii) apply in relation to an amended notice of appeal as they apply to a notice of appeal.
5. The Secretary of State must—
(a)send the appellant an acknowledgement of the notice of appeal;
(b)send a copy of the notice of appeal and accompanying documents to the respondent;
(c)send a copy of the notice of appeal to—
(i)the head teacher of the institution at which the appellant was employed at the completion of the induction period;
(ii)any person named in the notice of appeal as the appellant's employer.
6.—(1) The respondent must reply to the Secretary of State within 20 working days beginning with the day on which the respondent receives the copy of the notice of appeal.
(2) The reply must state whether the respondent seeks to defend the decision which is the subject of the appeal.
(3) Where the respondent seeks to defend the decision which is the subject of the appeal the reply must—
(a)contain—
(i)the respondent's response to the grounds on which the appellant appeals;
(ii)a statement as to whether or not the respondent requests an oral hearing;
(b)be accompanied by—
(i)any document or information on which the respondent wishes to rely in seeking to uphold the decision which is the subject of the appeal;
(ii)the respondent's reasons for giving notice under regulation 11(7), if not already provided to the appellant.
(4) The respondent may serve an amended reply on the Secretary of State at any time and, subject to sub-paragraph (5), the Secretary of State must send a copy to the appellant.
(5) The Secretary of State need not comply with sub-paragraph (4) if the amended reply is received after the Secretary of State has—
(a)determined to decide the appeal without a hearing; or
(b)(as the case may be) notified the parties in accordance with paragraph 13(1).
(6) Sub-paragraph (3) applies in relation to an amended reply as it applies to a reply.
7. The Secretary of State must acknowledge the reply and send a copy of the reply and any accompanying documents and information to the appellant.
8.—(1) The Secretary of State may require the appellant or the respondent to provide the Secretary of State with such further documents or information as the Secretary of State considers appropriate by the date specified in the request.
(2) The Secretary of State must inform the appellant or the respondent (as the case may be) of any request made under sub-paragraph (1).
(3) The appellant or the respondent may provide further documents or information to the Secretary of State at any time.
(4) Subject to sub-paragraph (5), the Secretary of State must send a copy of any document or information provided by one of the parties to the other party.
(5) The Secretary of State need not comply with sub-paragraph (4) where the further document or information is received after the Secretary of State has—
(a)determined to decide the appeal without a hearing; or
(b)(as the case may be) notified the parties in accordance with paragraph 13(1).
9.—(1) The appellant may withdraw the appeal at any time by notice served on the Secretary of State.
(2) The respondent may withdraw the reply at any time by notice served on the Secretary of State.
(3) The Secretary of State must notify the respondent if the appellant withdraws the appeal and the appellant if the respondent withdraws the reply.
10.—(1) The Secretary of State must allow the appeal where—
(a)the respondent's reply states that the respondent does not seek to defend the decision which is the subject of the appeal; or
(b)the respondent withdraws the reply.
(2) The Secretary of State must notify the appellant if the appeal is allowed under sub-paragraph (1).
11. At any time after the expiry of the period in paragraph 6(1) if neither of the parties has requested a hearing the Secretary of State may decide the appeal without a hearing.
12.—(1) Where there is to be a hearing the Secretary of State must appoint a panel in accordance with sub-paragraph (2) to consider the appeal.
(2) A panel must include at least three persons, comprising—
(a)one or more teachers or persons who have been teachers in the past five years; and
(b)one or more other persons.
13.—(1) Where there is to be a hearing the Secretary of State must—
(a)notify the parties of the time and date of the hearing (which must be at least 15 working days after the date of the notice of the hearing), and its location;
(b)offer the parties the opportunity to submit written representations instead of attending the hearing;
(c)advise the parties of the possible consequences of failing to attend the hearing without having submitted written representations.
(2) The Secretary of State must notify the parties of any change of date, time or location of a hearing.
14. Each of the parties must, no later than 10 working days before the date of the hearing, inform the Secretary of State—
(a)whether or not the party intends to appear or be represented at the hearing;
(b)of the name of any witness the party intends to call at the hearing.
15.—(1) A party choosing to submit written representations instead of appearing or being represented at a hearing must do so no later than 10 working days before the date of the hearing.
(2) The Secretary of State must send a copy of any written representations to the other party to the appeal.
16.—(1) A hearing must be in public except so far as the Secretary of State determines the hearing is to be in private.
(2) The procedure at the hearing is to be determined by the Secretary of State, and the panel appointed under paragraph 12 must consider cases referred to it by the Secretary of State in accordance with such procedure.
(3) The panel must make a recommendation to the Secretary of State as to whether the appeal should be allowed.
(4) The Secretary of State may adjourn a hearing.
17.—(1) The Secretary of State must notify in writing the persons specified in sub-paragraph (2) of the decision on an appeal and the reasons for that decision.
(2) The persons referred to in sub-paragraph (1) are—
(a)the parties; and
(b)the head teacher of the institution at which the appellant was employed at the completion of the appellant's induction period.
(3) The Secretary of State must notify in writing any person named in the notice of appeal as the appellant's employer of the decision.
18.—(1) The Secretary of State may extend any time limit imposed on the appellant or the respondent by this Schedule (whether before or after the expiry of the time limit) if the Secretary of State considers it appropriate to do so.
(2) An irregularity in the procedure for an appeal does not of itself invalidate the decision on appeal.