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The Further Education Teachers’ (Eligibility) Regulations (Northern Ireland) 2007

S.R. 2007/127 · Made 5 March 2007 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 December 2011.

EDUCATION

Made 5th March 2007

Coming into force 30th April 2007

The Department for Employment and Learningf1, in exercise of the powers conferred on it by Articles 70(1) and (2)f2 and 134(1)f3 of the Education and Libraries (Northern Ireland) Order 1986f4 makes the following Regulation:

Annotations to the whole text

Footnotes

f1

Formerly the Department of Higher and Further Education, Training and Employment; see 2001 c. 15 (N.I.)

f2

Article 70 was substituted by Article 8 of S.I. 1987/167 (N.I. 2) and Article 70(1) was amended by Article 42(2) of S.I. 1993/2810 (N.I. 12) and Article 70(2) was amended by Article 15 of S.I 2003/417 (N.I. 4)

f3

As amended by Article 50(1) and Part II of Schedule 4 to S.I. 1993/2810 (N.I. 12)

f4

S.I. 1986/594 (N.I. 3)

Contents

  1. 1Citation and commencement
  2. 2Revocations
  3. 3Interpretation
  4. 4Application
  5. 5Qualifications
  6. 6Health Requirements
  7. 7Employment of Unqualified Teachers Repealed
  8. 8Prohibition or restriction on a person’s employment as a teacher
  9. 9Misconduct reports
  10. Signature
  11. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Further Education Teachers’ (Eligibility) Regulations (Northern Ireland) 2007 and shall come into operation on 30th April 2007.

2RevocationsI1

The following regulations are revoked —

(a)

Further Education Teacher’s (Eligibility) Regulations (Northern Ireland) 1997f1;

(b)

The Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 1998f2.

3InterpretationI1

In these Regulations—

  • “governing body” means the governing body of an institution of further education as defined in the Further Education (Northern Ireland) Order 1997f1

  • F1...f2

4ApplicationI1

These Regulations apply to teachers in institutions of further education.

5QualificationsI1

Every person employed as a teacher shall have such qualifications as may be approved by the Department.

6Health RequirementsI1

(1)

A governing body shall not employ a person as a teacher unless it is satisfied that he has the health or physical capacity for employment as a teacher.

F1(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

A person employed as a teacher shall not continue in that employment if the governing body is satisfied that he does not have the health or physical capacity for such employment.

F2(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Employment of Unqualified TeachersF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Prohibition or restriction on a person’s employment as a teacherI1

(1)

The Department may prohibit or restrict the employment or further employment of a person as a teacher—

(a)

on medical grounds; or

(b)

on grounds of his misconduct (whether or not evidenced by his conviction of a criminal offence).

(2)

The Department may direct a governing body to suspend or terminate a teacher’s employment.

(3)

The Department shall not exercise its powers under paragraph (2) without first consulting that governing body.

(4)

Where the Department is considering exercising its powers under paragraph (1) or (2) it shall—

(a)

afford the teacher concerned an opportunity to make representations to it;

(b)

consider such representations and all other relevant information available to it.

(5)

Where the Department has prohibited or restricted a person’s employment as a teacher on any grounds under paragraph (1), it may subsequently remove or modify such prohibition or restriction.

9Misconduct reportsI1

Where a governing body has dismissed a person from employment as a teacher on grounds of his misconduct (whether or not he is convicted of a criminal offence) or would have so dismissed him or considered so dismissing him but for his resignation, that governing body shall provide the Department with such information relating to those grounds as the Department thinks fit.

Signature

Sealed with the Official Seal of the Department for Employment and Learning on 5th March 2007

L.S.

Bernie O’Hare

A senior officer of the

Department for Employment and Learning

Explanatory note

(This note is not part of the Regulations)

These Regulations revoke and replace the Further Education Teachers’ (Eligibility) Regulations (Northern Ireland) 1997 and the Further Education Teachers’ (Eligibility) (Amendment) Regulations (Northern Ireland) 1998.

Regulation 5 provides for teachers in institutions of further education to have such qualifications as may be approved by the Department for Employment and Learning (“The Department”).

Regulation 6 provides that a person shall not be employed or continue to be employed as a teacher where he no longer satisfies the health requirements. A governing body may suspend his employment and the opportunity is given to the teacher to submit medical evidence and to make representations to the governing body.

Regulation 7 provides for a person who is not a qualified teacher to be temporarily employed where a governing body is unable to secure the services of a qualified teacher.

Regulation 8 enables the Department to prohibit or restrict the employment or further employment of a person as a teacher on medical grounds or on grounds of his misconduct. This regulation also enables the Department to direct a governing body to suspend or terminate a teacher’s employment. The Department must first consult the governing body and give the teacher concerned an opportunity to make representations to the Department. The Department may remove or modify any such prohibition or restriction.

Regulation 9 requires a governing body to provide the Department with information about any teacher it has dismissed on grounds of misconduct or would have considered so dismissing but for his resignation.

The Regulations make the following principal change—

There are no longer any age requirements for teachers.