Regulation 4 Amendments 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 1996^f1 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 1996^f2; or

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

(b)
because of her pregnancy.”.

Annotations

Footnotes

f1: Section 71 was amended by paragraph 31, and section 73 by paragraph 32, of Schedule 1 to the Work and Families Act 2006 (c. 18) and both sections were amended by section 17 of the Employment Act 2002 (c. 22). The application of section 71 to a school governing body with a delegated budget was modified by article 3 of, and the Schedule to, S.I. 2003/1964.
f2: Sections 80A and 80B were inserted by section 1 of 2002 c. 22, and sections 80AA and 80BB (which have not, at the time of making these Regulations, been commenced) were inserted by sections 3 and 4 respectively of 2006 c. 18.
f3: Sections 75A and 75B were inserted by section 3 of 2002 c. 22 and section 75A amended by paragraph 33, and section 75B amended by paragraph 34, of Schedule 1 to 2006 c. 18.