Regulation 3 Requirement to be qualifiedI1

England and Wales

(1)

Subject to regulation 4, a person may not carry out specified work in a school unless that person—

(a)

is a qualified teacher^f1; or

(b)

satisfies at least one of the requirements or conditions specified in the Schedule.

(2)

Where a provision in the Schedule allows a person to carry out specified work for a specified period, 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^f2 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, F1... 80B or ... of the ERA 1996^f3; or

(iv)

the right to adoption leave conferred by section 75A or 75B of the ERA 1996^f4; F2...

F3(v)

the right to shared parental leave conferred by section 75E or 75G of the ERA 1996;

F4(vi)

the right to parental bereavement leave conferred by section 80EA of the ERA 1996; F5...

F6(vii)

the right to carer’s leave conferred by section 80J of the ERA 1996; F7...

F8(viii)

the right to neonatal care leave conferred by section 80EF of the ERA 1996; or

(b)

because of her pregnancy.

Annotations

Textual amendments

F1: Words in reg. 3(2)(a)(iii) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 25(a) (with art. 35(1))
F2: Word in reg. 3(2) omitted (6.4.2020) by virtue of The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 26(2)
F3: Reg. 3(2)(a)(v) added (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 25(b)
F4: Reg. 3(2)(vi) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 26(2)
F5: Word in reg. 3(2)(a)(vi) omitted (6.4.2024) by virtue of The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 4(2)
F6: Reg. 3(2)(a)(vii) inserted (6.4.2024) by The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 4(2)
F7: Word in reg. 3(2)(a)(vii) omitted (6.4.2025) by virtue of The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 16(2)(a)
F8: Reg. 3(2)(a)(viii) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 16(2)(b)

Commencement

I1: Reg. 3 in force at 1.4.2012, see reg. 1(1)

Footnotes

f1: As to status as a qualified teacher see section 132 of the Education Act 2002 and the Regulations made under that section (S.I. 2003/1662).
f2: 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.
f3: Sections 80A and 80B were inserted by section 1 of the Employment Act 2002, and sections 80AA and 80BB were inserted by sections 3 and 4 respectively of the Work and Families Act 2006 (c. 18).
f4: Sections 75A and 75B were inserted by section 3 of the Education Act 2002 and section 75A amended by paragraph 33, and section 75B amended by paragraph 34, of Schedule 1 to the Work and Families 2006.