OpenLegislation

Section 133 Requirement to be qualifiedI1I2

England and Wales

(1)

Regulations may provide that specified work may not be carried out by a person in a school F1in England unless he—

(a)

is a qualified teacher, or

(b)

satisfies specified requirements.

(2)

Regulations specifying work for the purpose of this section may make provision by reference to—

(a)

one or more specified activities, or

(b)

the circumstances in which activities are carried out.

(3)

Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).

(4)

A requirement of regulations under this section may, in particular, relate to—

(a)

the possession of a specified qualification or experience of a specified kind;

(b)

participation in or completion of a specified programme or course of training;

(c)

compliance with a specified condition;

(d)

an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.

(5)

Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).

(6)

In this section “school” means—

(a)

a school maintained by a F2local authority, F3or

(b)

a special school not so maintained F4, or

(c)

Academies of a description specified by the Secretary of State in regulations under this section.

Annotations

Textual amendments

F1

Words in s. 133(1) inserted (1.4.2015) by Education (Wales) Act 2014 (anaw 5), s. 50(4), Sch. 3 para. 1(5); S.I. 2015/29, art. 3(w)

F2

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F3

Word in s. 133(6) omitted (29.4.2026 for specified purposes) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 53(2)(a), 78(1)(a)(5)

F4

S. 133(6)(c) and word inserted (29.4.2026 for specified purposes) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 53(2)(b), 78(1)(a)(5)

Commencement

I1

S. 133 partly in force; s. 133 not in force at Royal Assent, see s. 216; s. 133 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I2

S. 133 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3