2005 No. 1227 (W.85)

EDUCATION, WALES

The Head Teachers' Qualifications and Registration (Wales) Regulations 2005

Made26 April 2005

Coming into force1 September 2005

In exercise of the powers conferred on the National Assembly for Wales by sections 134, 135, 145(1) and (2) and 210(7) of the Education Act 20021 the National Assembly for Wales hereby makes the following Regulations:

Name, commencement and applicationI31

1

These Regulations are called the Head Teachers' Qualifications and Registration (Wales) Regulations 2005 and come into force on 1 September 2005.

2

These Regulations apply in relation to Wales.

3

These Regulations do not apply to a person who before the coming into force of these Regulations has been appointed as the head teacher of:

a

a school in Wales or England maintained by a local education authority or a special school in Wales or England not so maintained by a local education authority;

b

an independent school in Wales or England; or

c

a similar educational institution outside Wales or England.

4

These Regulations do not apply to Pupil Referral Units.

InterpretationI22

In these Regulations:

F2“the 2015 Regulations” (“Rheoliadau 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015;
“National Assembly” (“Cynulliad Cenedlaethol”) means National Assembly for Wales; and
“school” (“ysgol”) means, (unless the context requires otherwise), a school maintained by a local education authority or a special school not so maintained.

Headship QualificationI13

1

Subject to regulation 5 a person may only serve as a head teacher of a school if he or she holds:—

a

the National Professional Qualification for Headship in Wales;

b

the National Professional Qualification for Headship in England3;

c

the Scottish Standard for Headship4;

d

the Professional Qualification for Headship in Northern Ireland5;

e

a qualification which has equivalent effect by virtue of F3the 2015 Regulations.

2

The National Professional Qualification for Headship in Wales means the qualification awarded by the National Assembly to a person if it is satisfied that the person has successfully F1met such standards as the National Assembly may from time to time approve for the purposes of the award of that qualification.

Requirement to be qualifiedI44

A person may serve as the head teacher of a school only if he or she:

a

is a qualified teacher; or

b

has a qualification which has equivalent effect by virtue of the 2005 Regulations.

Requirement to be registeredI55

A person may serve as the head teacher of a school only if he or she is registered under section 3 of the Teaching and Higher Education Act 1998, (register maintained by the General Teaching Council for Wales)6.

Acting head teachersI66

A person 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 a head teacher,

is not serving as the head teacher of the school for the purposes of these Regulations.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19987.

D. Elis-ThomasThe Presiding Officer of the National Assembly

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, make provision requiring first time head teachers of schools maintained by a local education authority and special schools which are not so maintained and who are appointed as a head teacher on or after 1 September 2005 to:

i

hold the National Professional Qualification for Headship in Wales or its equivalent in England, Scotland or Northern Ireland;

ii

be qualified teachers; and

iii

be registered as teachers.

Migrant workers from other Member States within the European Union, Iceland, Norway, Liechtenstein or Switzerland will be required to hold equivalent qualifications.

By virtue of regulation 8, a person who is carrying out the functions of a head teacher pending the appointment of a head teacher, or in the absence of a head teacher, ('an acting head teacher') is not a head teacher for the purposes of these Regulations.

These Regulations do not apply to Pupil Referral Units.