# The Education Workforce Council (Main Functions) (Wales) Regulations 2015, Regulation 19: Requirements relating to further education teachers

Extent: E+W

(1A) A person may not provide education in or for a further education institution unless—
(a) the conditions in paragraphs (1B) and (1C) are met, or
(b) paragraph (1D) applies.
(1B) The first condition is that the person must be registered under section 9 of the 2014 Act (register maintained by the Council) in the category of further education teacher.
(1C) The second condition is that the person must—
(a) have at least one of the specified qualifications, or
(b) meet the alternative requirement specified in Part 2 of Schedule 6.
(1D) A person who complies with the first condition but who does not comply with the second condition may, if they are working towards a specified qualification, work as a further education teacher for a period not exceeding—
(a) 3 years from the date on which they started working towards the qualification where the person is employed full-time, or
(b) 5 years from the date on which they started working towards the qualification where the person is employed part-time.
(1E) When calculating the periods specified in paragraph 1D(a) and (b), any period of absence from work is to be disregarded if it is—
(a) in exercise of a person’s—
(i) right to maternity leave conferred by section 71 or 73 of the 1996 Act or a contract of employment and where the person has the right to return to work by virtue of either of these sections or a contract of employment;
(ii) right to parental leave conferred by section 76 of the 1996 Act;
(iii) right to paternity leave conferred by section 80A or 80B of the 1996 Act;
(iv) right to adoption leave conferred by section 75A or 75B of the 1996 Act;
(v) right to shared parental leave conferred by section 75E or 75G of the 1996 Act; ...
(vi) right to parental bereavement leave conferred by section 80EA of the 1996 Act, or
(vii) right to neonatal care leave conferred by section 80EF of the 1996 Act;
(b) because of pregnancy; or,
(c) because of sickness or injury.
(2) Paragraph (1A) does not apply to a person where that person only—
(a) teaches higher education in or for a further education institution;
(b) provides on a temporary or occasional basis training updates for—
(i) industry,
(ii) commerce, or
(iii) professional practice;
(c) hires premises from a further education institute or otherwise makes use of a further education institution’s premises with its consent; ...
(d) provides training at the request and specific to the requirements of an external body or organisation.
(e) acts as a volunteer; or
(f) provides on a temporary or occasional basis training in relation to a profession and the person holds the qualifications or experience necessary in order to practise that profession.
(3) For the purposes of this regulation and regulation 19ZA, a specified qualification means a qualification listed in Part 1 of Schedule 6.

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Source: https://www.legislation.gov.uk/wsi/2015/140/regulation/19 (the official version)
Page: https://openlegislation.uk/education-workforce-council-main-functions-wales-regulations-2015/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.