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The Education (Specified Work and Registration) (England) (Amendment) Regulations 2007

S.I. 2007/2117 · Made 19 July 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

education, england

Made 19th July 2007

Laid before Parliament 30th July 2007

Coming into force

All provisions except regulation 6(8) 1st September 2007

Regulation 6(8) 1st September 2008

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 133, 134, 145, 210 and 212 (1) of the Education Act 2002f1:

Annotations to the whole text

Footnotes

f1

2002 c. 32; section 145 was amended by paragraph 24 of Schedule 14 to the Education Act 2005 (c. 18). In section 212(1), see the definition of “regulations”.

Contents

  1. 1Citation, commencement and application
  2. 2Amendments to the Education (Specified Work and Registration) (England) Regulations 2003
  3. 3Amendments to the Education (Specified Work and Registration) (England) Regulations 2003
  4. 4Amendments to the Education (Specified Work and Registration) (England) Regulations 2003
  5. 5Amendments to the Education (Specified Work and Registration) (England) Regulations 2003
  6. 6Amendments to the Education (Specified Work and Registration) (England) Regulations 2003
  7. 7Amendments to the Education (Specified Work and Registration) (England) Regulations 2003
  8. Signature
  9. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Education (Specified Work and Registration) (England) (Amendment) Regulations 2007.

(2)

These Regulations, except regulation 6(8), come into force on 1st September 2007.

(3)

Regulation 6(8) comes into force on 1st September 2008.

(4)

These Regulations apply in relation to England.

2Amendments to the Education (Specified Work and Registration) (England) Regulations 2003

The Education (Specified Work and Registration) (England) Regulations 2003f1 are amended in accordance with the following regulations.

3Amendments to the Education (Specified Work and Registration) (England) Regulations 2003

In regulation 3—

(a)

after the definition of “the 1998 Act” insert—

  • ““the ERA 1996” means the Employment Rights Act 1996f1;”;

(b)

at the end of the definition of “the 1999 Regulations” omit “and”;

(c)

at the end of the definition of “the 2003 Qualifications Regulations” substitute a semi-colon for the full-stop, insert “and” and after that definition insert—

  • ““specified work” means any of the activities mentioned in regulation 6.”.

4Amendments to the Education (Specified Work and Registration) (England) Regulations 2003

For regulation 5 substitute—

“Requirement to be qualified

5.
(1)

No person may carry out specified work in a school unless he—

(a)

is a qualified teacher; or

(b)

satisfies the conditions and requirements specified in at least one of the paragraphs in Schedule 2.

(2)

Where any paragraph in Schedule 2 allows a person to carry out specified work for a specified period of time, that period shall be extended to take account of any period when the person is absent from work—

(a)

in exercise of—

(i)

her right to maternity leave conferred by section 71 or 73 of the ERA 1996f1 or her contract of employment and has the right to return to work by virtue of either of those sections or her contract of employment;

(ii)

the right to parental leave conferred by section 76 of the ERA 1996;

(iii)

the right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the ERA 1996f2; or

(iv)

the right to adoption leave conferred by section 75A or 75B of the ERA 1996f3; or

(b)

because of her pregnancy.”.

5Amendments to the Education (Specified Work and Registration) (England) Regulations 2003

In Schedules 1 and 2, for the words “work specified in regulation 6”, wherever they occur, substitute “specified work”.

6Amendments to the Education (Specified Work and Registration) (England) Regulations 2003

(1)

Schedule 2 is further amended in accordance with the following paragraphs.

(2)

In paragraphs 2(2), 3(2) and 10(2), for the words “Such a person” substitute “A person mentioned in sub-paragraph (1)”.

(3)

In paragraphs 4(1) and 10(1), omit the words “who is not a qualified teacher and”.

(4)

In paragraph 4(2)(b) and (3), omit the words “, graduate teacher, registered teacher”.

(5)

In paragraph 4(4), for the words “such a person” substitute “a person mentioned in sub-paragraph (3)”.

(6)

For paragraph 5 substitute—

“5.
(1)

This paragraph applies in the case of a person who has successfully completed a programme of professional training for teachers in any country outside the United Kingdom, which programme is recognised as such by the competent authority in that country.

(2)

A person mentioned in sub-paragraph (1) may carry out specified work in a school (other than a pupil referral unit) for a period of up to four years commencing on the day on which he first carries out specified work in a school.”.

(7)

For paragraph 6(1) and (2) substitute—

“(1)

This paragraph applies in the case of a person who—

(a)

is required to pass the teacher trainee skills tests in order to satisfy the specified standards;

(b)

is mentioned in paragraph 9 or 10 of Schedule 2 to the 2003 Qualifications Regulations; and

(c)

would have been awarded qualified teacher status in accordance with regulation 10 of the 2003 Qualifications Regulations but for the fact that he has not passed the teacher trainee skills tests.

(2)

A person mentioned in sub-paragraph (1) may carry out specified work in a school (other than a pupil referral unit) until 31st August 2008 or such longer period if any as may be approved in his case by the Secretary of State.”.

(8)

For paragraph 9(2) substitute—

“(2)

A person mentioned in sub-paragraph (1) may carry out specified work in a school until he successfully completes or ceases to undertake the training referred to in that paragraph or, in the case where the person is also a person mentioned in paragraph 5(1), the period specified in paragraph 5(2) expires, if that occurs first.”.

7Amendments to the Education (Specified Work and Registration) (England) Regulations 2003

The following provisions are omitted—

(a)

paragraphs 2, 3 and 4 of Part 2 of Schedule 1;

(b)

the definitions for “graduate teacher” and “registered teacher” in paragraph 1 of Schedule 2; and

(c)

paragraphs 7 and 8 of Schedule 2.

Signature

Jim Knight

Minister of State

Department for Children, Schools and Families

19 July 2007

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Education (Specified Work and Registration) (England) Regulations 2003 with effect from 1st September 2007, except for regulation 6(8), which comes into force on 1st September 2008.

The principal amendments—

(a)

make provision for any deadline imposed in Schedule 2 to be extended to take account of any period where the teacher has been absent from work in exercise of a statutory right to take leave or because of pregnancy (regulation 4);

(b)

replace the five year grace period for teacher trainees who have not passed the skills tests with a deadline of 31st August 2008, beyond which they will not be allowed to carry out specified work without approval in a particular case by the Secretary of State (regulation 6(7));

(c)

with effect from 1st September 2008, remove the provision which previously allowed overseas trained teachers to carry out specified work beyond the four year period specified in paragraph 5 of Schedule 2 by joining an employment-based teacher training scheme (regulation 6(8)); and

(d)

delete a number of provisions which are now redundant (regulation 7).