Paragraph 3 Instructors with special qualifications or experience

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch.2 revoked by Education (Teachers’ Qualifications and Health Standards) 1999 reg.2. Sch.1, Pt.I
Sch.2 rev. (transtl. savings) by Education (Teachers' Qualifications and Health Standards) 1999 reg.2, Sch.1, Pts.l.ll
Sch.2 substituted by Education (Teachers) 1997 reg.4, Sch.1
Sch.2, para 2 excl by Education (Pupil Referral Units) (Application of Enactments) 1994 reg.3, Sch.2, Pt II, para 4
Sch.2, para 3 appl (mods) by Education (Pupil Referral Units) (Application of Enactments) 1994 reg.2, Sch.1, Pt II, para 6(2)
Sch.2, paras 4-11 excl by Education (Pupil Referral Units) (Application of Enactments) 1994 reg.3, Sch.2, Pt II, para 4

(1)

This paragraph shall apply in the case of an unqualified teacher appointed, or proposed to be appointed, to give instruction in any art or skill or in any subject or group of subjects (including any form of vocational training) the teaching of which requires special qualifications or experience if, at the time of his appointment—

(a)

the local education authority (in the case of a special school maintained by a local education authority or a county, controlled, aided or special agreement school which has no delegated budget), the governing body acting with the consent of the local education authority (in the case of such a school which has a delegated budget) or the governing body (in the case of a grant-maintained school or a special school not maintained by a local education authority) are satisfied as to his qualifications or, as the case may be, experience, and

(b)

no suitable qualified teacher, licensed teacher or overseas trained teacher is available for appointment or to give the instruction.

(2)

Such a teacher may be employed at a school to give such instruction as aforesaid, subject to paragraph (3), for such period as no suitable qualified teacher, licensed teacher or overseas trained teacher is available for appointment or to give the instruction.

(3)

In the case of such a teacher appointed before 8th April 1982, paragraph (2) shall have effect as if the words “subject to paragraph (3)” to the end were omitted—

(a)

where his appointment was for a specified period, if and so long as that period has not expired, or

(b)

where his appointment was for an unspecified period, if it was not otherwise expressed to be temporary only.