Regulation 5 Newly qualified teacher

(1)

Subject to paragraph (4), a person mentioned in regulation 3(1)(b) and 3(2)(b) in relation to eligible employment at a school, is a person who has qualified as a teacher on or after 1st February 2002 and not more than 7 months before commencing eligible employment.

(2)

For the purposes of paragraph (1) a person is a qualified teacher—

(a)

subject to sub-paragraph (d), when he has received written notification from the Secretary of State that he is a qualified teacher pursuant to paragraph 1 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999^f1;

(b)

subject to sub-paragraph (d), when he has received written notification from the General Teaching Council for England that he has been awarded qualified teacher status under regulations made under section 132 of the Education Act 2002^f2;

(c)

subject to sub-paragraph (d), when he has received written notification from the National Assembly for Wales that he is a qualified teacher pursuant to paragraph 1 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards)(Wales) Regulations 1999^f3;

(d)

when he—

(i)

has successfully completed a course of initial teacher training for teachers in schools at an educational institution in Scotland or Northern Ireland; or

(ii)

has successfully completed a diploma which shows that he has the professional qualifications required for taking up teaching within the meaning of Council Directive 89/48/EEC^f4.

(3)

Subject to paragraph (4), a person mentioned in regulation 3(1)(b) and 3(2)(b) in relation to eligible employment other than at a school, is a person who—

(a)

has been awarded an FE teaching qualification on or after 1st February 2002 and not more than 7 months before commencing eligible employment; or

(b)

is attending an FE teaching qualification course in order to obtain an FE teaching qualification; and has not at any time before the commencement of his eligible employment been employed as a teacher—

(i)

at a relevant institution; or

(ii)

at a school or institution in the European Economic Area providing education which is equivalent to primary, secondary or further education and which is part of the public system of education of the state or territory in question.

(4)

Where a woman has given birth to a child during the 7 month period after she qualifies as a teacher or has been awarded an FE teaching qualification for the purposes of paragraphs (1) and (3)(a) then references to 7 months in paragraphs (1) and (3) shall be read as references to 19 months.

Annotations

Footnotes

f1: S.I. 1999/2166.
f2: In relation to England the current Regulations are the Education (School Teachers Qualifications) (England) Regulations 2003 S.I.2003/1662.
f3: S.I. 1999/2817. In relation to Wales, regulation 6(1) of the Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I.2002/3184) provides that until Regulations under section 132 of the Education Act 2002 come into force, a reference to a qualified teacher has the meaning in section 218(2) of the Education Reform Act 1998 (c. 40).
f4: OJ No. L19, 24.1.89, p.16.