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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> Statutory Instrument 1999 No. 2817 (W.18) URL: https://www.bailii.org/wales/legis/num_reg/1999/992817e.html |
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Made | 31st August 1999 | ||
![]() ![]() ![]() | 1st September 1999 |
(c)
a reference to an institution
without
qualification is a reference to a
further
education institution or an institution
within
the higher education sector; and
(d)
a reference to a
worker
with
children
or young persons is a reference to a person, other than a teacher,
whose
work
brings him regularly into
contact
with
persons
who
have not attained the age of 19 years.
(2) Except where
the
context
otherwise requires, in these Regulations -
(3) In these Regulations -
(4) Except where
the
context
otherwise requires, an approval
for
the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular
case,
and "approved" in relation to a
course
means approved by the Assembly.
(5) Any references in these Regulations to a regulation or Schedule is a reference to a regulation contained
herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
(3) The requirement in paragraph (1) is additional to the requirements relating to qualifications for
employment at schools
contained
in Part IV of these Regulations.
(2) For
the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a
contract
of employment and references to employment or relevant employment shall be
construed
accordingly.
Health standards-appointments
6.
- (1) Subject to paragraph (4), a person shall not be appointed to relevant employment if, having regard to any duty
of the employer under Part II of the
Disability
Discrimination
Act 1995[10], he
does
not have the health and mental and physical
capacity
for
that employment.
(2) In the case
of the
first
appointment as a teacher of a person in respect of
whom
the Assembly has been satisfied that he has the health and mental and physical
capacity
for
teaching, his employers may accept the
conclusions
of the Assembly in the matter
where
it appears to them reasonable to
do
so.
(3) In the case
of any appointment to relevant employment of a person previously in such employment, his employers may
where
it appears to them reasonable to
do
so rely upon the person's medical record
while
in that employment
for
the purpose of
determining
that the person has the health and mental and physical
capacity
for
such employment.
(4) A person who
is in receipt of a retirement pension by virtue of regulation E4(4) of the Teachers' Pensions Regulations 1997[11] (ill health retirement) shall not be regarded as having the health and mental and physical
capacity
to be appointed to relevant employment or to be engaged to provide his services as a teacher at a school or
further
education institution otherwise than under a
contract
of employment, save that a person
whose
entitlement to such pension took effect before lst April 1997 may be so appointed or engaged to serve part-time.
(5) Nothing in paragraph (4) prevents the appointment or engagement of a person who
has
ceased
to be incapacitated and
whose
retirement pension has
for
that reason
ceased
to be payable.
Health standards-continued
employment
7.
- (1) A person in relevant employment shall not continue
in that employment if, having regard to any
duty
of the employer under Part II of the
Disability
Discrimination
Act 1995, he
does
not have the health and mental and physical
capacity
for
that employment.
(2) For
the purposes of this regulation,
where
it appears to his employers that a person may no longer have the health or mental or physical
capacity
for
his employment -
(3) At any time before such medical examination as is referred to in paragraph (2)(c)
the employers, or the person himself, may submit to the appointed medical practitioner a statement
containing
evidence or other matter relevant to the examination: and the examination may be attended by any
duly
qualified medical practitioner appointed
for
the purpose by the person being examined.
9.
For
the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a
contract
of employment and references to employment or being employed shall be
construed
accordingly.
Employment normally restricted to qualified teachers
10.
Save in the cases
and
circumstances
specified in Schedule 2, and subject to regulations 11, 12, 13 and 14 no person shall be employed as a teacher at a school unless he is a qualified teacher in accordance
with
Schedule 3.
Employment of teachers of hearing impaired pupils
11.
Subject to regulations 13 and 14, a person shall not be a qualified teacher for
the purpose of employment at a school as a teacher of a
class
of pupils
who
are hearing impaired (otherwise than to give instruction in a
craft,
trade or
domestic
subject), unless in addition to being a qualified teacher in accordance
with
Schedule 3, he possesses a qualification
for
the time being approved by the Assembly
for
the purpose of this regulation.
Employment of teachers of visually impaired pupils
12.
Subject to regulations 13 and 14, a person shall not be a qualified teacher for
the purpose of employment at a school as a teacher of a
class
of pupils
who
are visually impaired (otherwise than to give instruction in a
craft,
trade or
domestic
subject), unless in addition to being a qualified teacher in accordance
with
Schedule 3, he possesses a qualification
for
the time being approved by the Assembly
for
the purpose of this regulation.
Employment of teachers of pupils who
are both hearing and visually impaired
13.
- (1) Subject to paragraph (2) and regulation 14, a person shall not be a qualified teacher for
the purpose of employment at a school as a teacher of a
class
of pupils
who
are both hearing impaired and visually impaired (otherwise than to give instruction in a
craft,
trade or
domestic
subject), unless in addition to being a qualified teacher in accordance
with
Schedule 3, he possesses a qualification
for
the time being approved by the Assembly
for
the purpose of this regulation.
(2) A person who
possesses a qualification approved under regulation 11 or 12 shall be a qualified teacher
for
the purpose mentioned in paragraph (1) notwithstanding that he
does
not possess a qualification approved
for
the purpose of that paragraph
where
his employers are satisfied that no teacher
with
such a qualification is available to teach the
class
in question.
Temporary employment of teachers of the visually impaired or hearing impaired (or both)
14.
A person may be employed at a special school as the teacher of a class
of pupils
who
are -
notwithstanding that he is not a qualified teacher in accordance with
regulation 11, 12 or 13(1), as the
case
may be,
for
the purpose of such employment if his employers are satisfied that it is his intention to acquire a qualification approved by the Assembly under regulation 11, 12 or 13(1), as the
case
may be, provided however that the aggregate period
for
which
he has been employed, in one or more schools, as the teacher of such a
class
of pupils as are mentioned in sub-paragraph (a), (b) or (
c),
as the
case
may be,
does
not exceed three years.
Dafydd
Elis Thomas
Presiding Officer, National Assembly for
Wales
31st August 1999
shall be treated as possessing a qualification approved for
the purpose of regulation 11.
Existing qualifications for
teaching visually impaired pupils
2.
Any person who
immediately before 1st September 1999 possessed -
shall be treated as possessing a qualification approved for
the purpose of regulation 12.
Continued
employment of existing teachers of pupils
who
are hearing or visually impaired or both
3.
A person who
has satisfied the requirements of regulation 18 of the 1982 Regulations
for
employment at a special school as the teacher of a
class
of pupils
who
were
both
deaf
or partially hearing and blind may, notwithstanding that he is not a qualified teacher
for
the purpose of regulation 13(1), be employed at a school as a teacher of a
class
of pupils
who
are both hearing and visually impaired.
Period of employment of student teachers
4.
An approval for
the purposes of paragraph 2(2)(a) of Schedule 3 to the 1989 Regulations of a period exceeding two years
during
which
a person may be employed as a student teacher shall have effect as if given
for
the purposes of paragraph 2(2)(a) of Schedule 2.
Accreditation of institutions providing initial teacher training
5.
Any accreditation for
the purposes of paragraph 3 of Schedule 3 to the 1993 Regulations in
force
immediately before 1st September 1999 shall have effect as if given
for
the purposes of paragraph 2 of Schedule 3.
Probation decisions
by the Assembly
6.
- (1) In the case
of a person
who,
on 1st September 1992, had
commenced
but not
completed
a period of probation under regulation 14 of, and Schedule 6 to, the 1989 Regulations, regulation 14 and Schedule 6 shall
continue
to have effect until all their provisions have been
complied
with.
(2) A teacher
who -
shall not be employed as a teacher in a school without
the
consent
of the Assembly.
Licensed, overseas trained and registered teachers
7.
The 1993 Regulations shall continue
to apply as if the Education (Teachers) (Amendment) (No. 2) Regulations 1997[13] and these Regulations had not been made
for
the purposes of -
8.
Where
a
function
conferred
by these Regulations on the Assembly
was,
before 1st July 1999,
carried
out by the Secretary of State pursuant to the 1982 Regulations, the 1989 Regulations or the 1993 Regulations, any reference in these Regulations to the performance of that
function
by the Assembly shall, in relation to any time before 1st July 1999, include a reference to its performance by the Secretary of State.
(2) Such a teacher may be employed as a teacher at a school (other than a pupil referral unit) so, however, that -
Instructors with
special qualifications or experience
3.
- (1) This paragraph shall apply in the case
of an unqualified teacher appointed, or proposed to be appointed, to give instruction in any art or skill or in any subject or group of subjects (including any
form
of vocational training) the teaching of
which
requires special qualifications or experience if, at the time of his appointment -
(2) Such a teacher may be employed at a school to give such instruction as aforesaid, subject to paragraph (3), for
such period as no suitable qualified teacher, graduate teacher or registered teacher is available
for
appointment or to give the instruction.
(3) In the case
of such a teacher appointed before 8th April 1982, paragraph (2) shall have effect as if the
words
"subject to paragraph (3)" to the end
were
omitted -
Temporary teachers
4.
- (1) Subject to sub-paragraph (2) below, an unqualified teacher may be employed at a school (other than a pupil referral unit) if -
(2) This paragraph shall not apply in the case
of an unqualified teacher after the expiry of a period of two years
commencing
with
the
day
on
which
he is
first
employed as a teacher at a school.
(4) It shall contain
particulars of the training that is proposed to be given to the person named in the recom-mendation and of the length of the proposed period of training.
(5) It shall contain
particulars of the school or schools at
which
the person named in the application is to be or may be employed (
which
may not, in accordance
with
paragraph 5(2), include a pupil referral unit).
(6) It shall contain
the name of the institution or body
who
will
be the person's employer.
7.
The length of the proposed period of training shall be appropriate to the person's need for
practical teaching experience and training and, in the
case
of a
first
recommendation
where
the person
will
be employed
full-time,
it shall be not less than three months and not more than one year.
8.
Where
the recommending body have submitted a recommendation to the Assembly, the person named in that recommendation may be provisionally employed as a graduate teacher at the school or schools specified in the recommendation until 14
days
after the Assembly have notified the recommending body of their
decision
whether
or not to grant the authorisation.
9.
- (1) Subject to sub-paragraph (2), an authorisation shall remain in force
for
the period of training proposed in the recommendation.
(2) An authorisation shall lapse in any of the following
circumstances -
10.
The recommending body shall cause
the graduate teacher to receive
during
the period of the authorisation the training, particulars of
which
were
given in pursuance of paragraph 6(4).
11.
Where
an authorisation lapses by virtue of paragraph 9(2) the recommending body shall report the
facts
of the
case
to the Assembly.
(c)
has attained in English and mathematics the standard required to obtain Grade
C
in the General
Certificate
of Secondary Education;
(d)
where
the person
was
born on or after 1st
December
1979 and
during
his period of authorisation it is intended that he
will
teach pupils aged below 11 years, has attained in a single science subject or in a
combined
science subject the standard required to obtain Grade
C
in the General
Certificate
of Secondary Education; and
(e) has been accepted onto a programme of study leading to the award of a first
degree
or equivalent qualification.
(4) It shall contain
particulars of the training that is proposed to be given to the person named in the recom-mendation and the length of the proposed period of training.
(5) It shall contain
particulars of the school or schools at
which
the person named in the application is to be or may be employed (
which
may not, in accordance
with
paragraph 12(2), include a pupil referral unit).
(6) It shall contain
the name of the institution or body
who
will
be the person's employer.
14.
The length of the proposed period of training shall be appropriate to the person's need for
practical teaching experience and training and, in the
case
of a
first
recommendation
where
the person
will
be employed
full-time,
it shall be not less than one year and not more than two years.
15.
Where
the recommending body have submitted a recommendation to the Assembly, the person named in that recommendation may be provisionally employed as a registered teacher at the school or schools specified in the recommendation until 14
days
after the Assembly have notified the recommending body of their
decision
whether
or not to grant the authorisation.
16.
- (1) Subject to sub-paragraph (2), an authorisation shall remain in force
for
the period of training proposed in the recommendation.
(2) An authorisation shall lapse in any of the following
circumstances -
17.
The recommending body shall cause
the registered teacher to receive
during
the period of the authorisation the training, particulars of
which
were
given in pursuance of paragraph 13(4).
18.
Where
an authorisation lapses by virtue of paragraph 16(2) the recommending body shall report the
facts
of the
case
to the Assembly.
and in the case
of a person receiving
written
notification under paragraph (b) the person shall, subject to sub-paragraphs (2) to (4), be qualified
from
such
date
as the Assembly may provide in the notification.
(2) Subject to sub-paragraphs (3) and (4), the Assembly may provide for
a person mentioned in paragraphs 2 to 9 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 7 or 9, the Assembly shall not provide
for
the person to be a qualified teacher
from
a
date
prior to the
date
on
which
the assessment referred to in paragraph 7 or 9 (as the
case
may be) is
completed.
(4) In the
case
of a person mentioned in paragraph 8, the Assembly 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 teacher licensed by the States of Guernsey Education
Council
as specified in the statement of the States of Guernsey Education
Council.
2.
- (1) The person -
(2) For
the purposes of this paragraph -
3.
The person has successfully completed
a
course
of initial training
for
teachers in schools at an educational institution in Scotland or Northern Ireland.
4.
The person is registered as a teacher of primary or secondary education with
the General Teaching
Council
for
Scotland.
5.
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.
6.
The person is a person
who
as respects the profession of school teacher,
falls
within
Article 3 of
Council
Directive
89/48 EEC[15] 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,
as extended by the Agreement of the European Economic Area signed at Oporto on 2nd May 1992[16] as adjusted by the Protocol signed at Brussels on 17th March 1993[17].
7.
- (1) Where
the person has been granted an authorisation, the recommending body has submitted to the Assembly -
(2) The statement is a statement that the person -
(b) has been assessed by a competent
person as meeting the specified standards; and
(c)
holds a
first
degree
or equivalent qualification granted by a United Kingdom institution, or a qualification of an equivalent standard thereto granted by an educational institution elsewhere.
(3) In this paragraph -
8.
The States of Guernsey Education Council
has submitted to the Assembly a recommendation that the person should be awarded qualified teacher status and -
(c)
a statement that -
(iii) he had been employed for
not less than one year as a teacher or lecturer in a school, independent school (including a
city
college),
institution or university or other educational establishment either in England or
Wales
or elsewhere and
was
not
dismissed
on grounds other than redundancy.
9.
- (1) The person -
(2) In this paragraph -
[2]
See the National Assembly for
Wales
(Transfer of
Functions)
Order 1999 (S.I. 1999/1672).back
[3]
The National Assembly for
Wales
was
established by section 1 of the Government of
Wales
Act 1998 (
c.38).
All the
functions
of the Secretary of State relevant to these Regulations are transferred to the Assembly by the National Assembly
for
Wales
(Transfer of
Functions)
Order 1999
with
effect
from
1st July 1999. Accordingly, in relation to
Wales,
references to the Secretary of State in the relevant sections of and Schedules to the Education Reform Act 1988 are to be
construed
as being, or including, a reference to the Assembly see section 43 of the Government of
Wales
Act 1998.back
[5] S.I. 1959/364; the relevant amending instruments are S.I. 1968/1281, 1969/1777, 1971/342, 1973/2021 and 1975/1054.back
[6] S.I. 1959/365; the relevant amending instruments are S.I. 1968/1281 and 1971/342.back
[7] S.I. 1982/106 as amended by S.I. 1988/542 and 1989/329.back
[10]
1995 c.50.
href="#n10">back
[11]
S.I. 1997/3001 to which
there are amendments not relevant to these Regulations.back
[12] S.I. 1959/365; the relevant amending instruments are S.I. 1968/1281 and 1971/342.back
[14]
S.I. 1993/543; a new Schedule 3 was
substituted by S.I. 1997/2679.back
[15] OJ No L19, 24.1.89, p16.back