Regulation 2

In the Education (Teachers) Regulations 1982^f1 (“the principal Regulations”), for regulations 3 to 7 and for the headings thereto there shall be substituted the following regulations and headings–

“Schools and institutions to which these Regulations apply and interpretation

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(1)

Except where the context otherwise requires, in these Regulations–

(a)

a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained, or a grant-maintained school,

(b)

a reference to a further or higher education institution is a reference to an institution providing further education or higher education (or both) which is either maintained by a local education authority or is designated by or under Schedule 3 as an institution substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the Education Act 1944^f2;

(c)

a reference to a PCFC institution is a reference to an institution treated as within the PCFC funding sector by virtue of section 132(6) of the Education Reform Act 1988;

(d)

a reference to an institution, without qualification, is a reference to a further or higher education institution or a PCFC institution;

(e)

a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years.

(2)

Except where the context otherwise requires, in these Regulations–

• “Her Majesty’s Inspector” means one of the inspectors appointed under section 77 of the Education Act 1944;

• “relevant employment” has the meaning assigned thereto by regulation 7;

• “qualified teacher” has the meaning assigned thereto by regulation 13 and “unqualified teacher” shall be construed accordingly.

Approvals

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Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case.

Cross references

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Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained therein or to a Schedule thereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.

PART II

PROVISIONS APPLYING TO SCHOOLS AND FURTHER OR HIGHER EDUCATION INSTITUTIONS

Staffing of schools and further or higher education institutions

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(1)

At any school or further or higher education institution there shall be employed by the authority or body concerned a staff of teachers suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils thereat having regard, where there are such arrangements, to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or institution in question or by the authority or body concerned.

(2)

Without prejudice to the generality of paragraph (1)–

(a)

the staff of teachers employed at a school shall include a head teacher;

(b)

the staff of teachers employed at a further or higher education institution shall have qualifications appropriate to the giving of adequate instruction in the subjects in which courses are provided.

(3)

The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools contained in Part III of these Regulations.

PART IIA

PROVISIONS OF GENERAL APPLICATION

Employment to which Part IIA applies

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This Part shall apply in relation to the employment of persons–

(a)

by a local education authority, as teachers (whether or not at a school or institution) or as workers with children or young persons;

(b)

by any other body, as teachers at a school or institution;

and any reference in this Part to relevant employment is a reference to such employment.”.