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The Requirements for Teachers (Scotland) Regulations 2005

S.S.I. 2005/355 · Made 16 June 2005 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2017.

EDUCATION

Made 16th June 2005

Laid before the Scottish Parliament 17th June 2005

Coming into force 30th September 2005

The Scottish Ministers, in exercise of the powers conferred by sections 2, 73(c), 74(1) and 90(1) of the Education (Scotland) Act 1980f1 and section 59 of the Standards in Scotland’s Schools etc. Act 2000f2 and all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1980 c. 44; section 2 was amended by section 69 of the Self-Governing Schools etc. (Scotland) Act 1989 (c. 39) and by schedule 6 of the Education (Scotland) Act 1996 (c. 43). Section 74(1) was amended by section 82(10) and by schedule 10 of the Self-Governing Schools etc. (Scotland) Act 1989. Section 135(1) of the Education (Scotland) Act 1980 contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

f2

2000 asp 6.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3General requirements in relation to employment of teachers
  4. 4Requirement to employ registered teachers
  5. 5Requirement in the employment of teachers of hearing impaired pupils
  6. 6Requirement in the employment of teachers of visually impaired pupils
  7. 7Requirement in the employment of teachers of both hearing and visually impaired pupils
  8. 8Employment of teachers of hearing or visually impaired pupils who do not possess an appropriate qualification
  9. 9Existing qualifications for teaching hearing impaired or visually impaired pupils
  10. 10Application of Regulations to Jordanhill School, Glasgow Repealed
  11. 11Amendment of the Jordanhill School Grant Regulations 1988
  12. 12Revocations
  13. Signature
  14. Schedule REVOCATIONS
  15. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Requirements for Teachers (Scotland) Regulations 2005 and shall come into force on 30th September 2005.

2InterpretationI1

In these Regulations–

  • “the 1980 Act” means the Education (Scotland) Act 1980;

  • “the 2000 Act” means the Standards in Scotland’s Schools etc Act 2000;

  • “employ” means to employ a person as a teacher under a contract of employment or to appoint a person as a teacher otherwise than under a contract of employment;

  • “hearing impaired” means deaf or partially deaf; and

  • “visually impaired” means blind or partially sighted.

3General requirements in relation to employment of teachersI1

Every education authority F1and managers of every grant-aided school shall employ adequate numbers of teachers in the schools under their management, with the appropriate professional skills and knowledge necessary to enable those teachers to undertake the teaching duties allocated to them.

4Requirement to employ registered teachersI1

(1)

Every education authority shall, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act employ only a registered teacher F1... as a teacher.

F2(1A)

The condition set out in subparagraph (1B) is prescribed for the purpose of section 74(1) in respect of grant-aided schools.

(1B)

Managers of grant-aided schools must employ only a registered teacher as a teacher.

(2)

“Registered teacher” in these Regulations means a teacher whose particulars are recorded in the register maintained by the General Teaching Council for Scotland under F3the Public Services Reform (General Teaching Council for Scotland) Order 2011 and includes a teacher whose registration has been marked as F4restricted on the basis however that, for the duration of that teacher’s registration being marked as restricted, such a teacher may only be employed as a teacher–

(a)

by his or her existing employer, and

(b)

in his or her existing teaching post.

(1A)

The condition set out in subparagraph (1B) is prescribed for the purpose of section 74(1) in respect of grant-aided schools.

(1B)

Managers of grant-aided schools must employ only a registered teacher as a teacher.

5Requirement in the employment of teachers of hearing impaired pupilsI1

Without prejudice to regulations 3 and 4, where, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act, an education authority employ a teacher wholly or mainly to teach hearing impaired pupils that teacher shall possess an appropriate qualification to teach such pupils.

6Requirement in the employment of teachers of visually impaired pupilsI1

Without prejudice to regulations 3 and 4, where, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act, an education authority employ a teacher wholly or mainly to teach visually impaired pupils that teacher shall possess an appropriate qualification to teach such pupils.

7Requirement in the employment of teachers of both hearing and visually impaired pupilsI1

Without prejudice to regulations 3 and 4, where, in discharging their functions under section 1 of the 1980 Act and section 2(1) of the 2000 Act, an education authority employ a teacher wholly or mainly to teach pupils who are both hearing and visually impaired that teacher shall possess an appropriate qualification to teach such pupils.

8Employment of teachers of hearing or visually impaired pupils who do not possess an appropriate qualificationI1

A teacher who does not possess a qualification as referred to in regulations 5, 6 or 7 may be employed by an education authority wholly or mainly to teach pupils who are hearing impaired, visually impaired or both hearing and visually impaired, if the education authority are satisfied that the teacher is in the process of obtaining a qualification as referred to in regulations 5, 6 or 7, provided that the aggregate period for which the teacher wholly or mainly teaches pupils who are hearing impaired, visually impaired or both hearing and visually impaired, does not exceed five years.

9Existing qualifications for teaching hearing impaired or visually impaired pupilsI1

Any teacher, who immediately before 30th September 2005 possessed–

(a)

a special qualification to act as a teacher of deaf pupils for the purposes of regulation 7(1) of the Schools (Scotland) Code 1956f1 shall be treated as possessing a qualification as referred to in regulation 5 above; or

(b)

a special qualification to act as a teacher of blind pupils or as a blind teacher of the blind for the purposes of regulation 7(2) of the Schools (Scotland) Code 1956f2 shall be treated as possessing a qualification as referred to in regulation 6 above.

10Application of Regulations to Jordanhill School, GlasgowF1

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

11Amendment of the Jordanhill School Grant Regulations 1988I1

The Jordanhill School Grant Regulations 1988f1 shall be amended as follows:–

(a)

in regulation 9, in lines 1 and 2, omit “the Schools (Scotland) Code 1956 and”; and

(b)

in regulation 9(a) omit “in that Code and”.

12RevocationsI1

The Regulations specified in column (1) of the Schedule are hereby revoked to the extent specified in column (3).

Signature

EUAN MACFARLANE ROBSON

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

16th June 2005

REVOCATIONSI1

Column (1)Column (2)Column (3)
Regulations revokedReferenceExtent of revocation
The Schools (Scotland) Code 19561956/894All
The Abolition of the Education (Scotland) Fund (Consequential Provisions) Regulations 19591959/476Regulation 12
The Teachers (Education, Training and Certification)(Scotland) Regulations 19651965/55Schedule 2, paragraphs 2–5
The Schools (Scotland) Code Amendment Regulations 19651965/940All
The Teachers (Education, Training and Registration)(Scotland) Regulations 19671967/1162Schedule 2 paragraphs 1–4
The Schools (Scotland) Code (Amendment No 1) Regulations 19681968/1055All
The Schools (Scotland) Code (Amendment No 1) Regulations 19711971/1079All
The Schools (Scotland) Code (Amendment No 1) Regulations 19721972/776All
The Schools General (Scotland) Regulations 19751975/1135Schedule 2 paragraphs 2–3
The Self-Governing Schools (Application and Amendment of Regulations)(Scotland) Regulations 19941994/351Regulation 2

Explanatory note

(This note is not part of the Regulations)

These Regulations concern the requirements to be met by education authorities in employing teachers in the course of discharging their duty under section 1 of the Education (Scotland) Act 1980, as amended, and section 2(1) of the Standards in Scotland 213 s Schools etc Act 2000. Section 1 of the 1980 Act requires education authorities to secure for their area adequate and efficient provision of school education. Section 2(1) of the 2000 Act requires education authorities where education is provided by them to secure that the education is directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential.

Regulation 3 requires education authorities to employ adequate numbers of teachers, with appropriate professional skills and knowledge.

Regulation 4 provides that only registered teachers may be employed as teachers by an education authority. It also makes provision in relation to such teachers whose registration has been marked as suspended.

Without prejudice to regulations 3 and 4, where an education authority employ a teacher wholly or mainly to teach pupils who are hearing impaired, visually impaired or both hearing and visually impaired, regulations 5, 6 and 7 require that teacher to possess an appropriate qualification to teach such pupils.

Regulation 8 gives an education authority the power to employ a teacher wholly or mainly to teach pupils who are hearing impaired, visually impaired or both hearing and visually impaired who does not hold the appropriate qualification, provided that the authority are satisfied that the teacher is in the process of obtaining the necessary qualification and the period of teaching without the qualification does not exceed 5 years in total.

Regulation 9 provides that those teachers who immediately before 30th September 2005 hold the specialist qualification required under regulation 7(1) and (2) of the Schools (Scotland) Code 1956 shall be treated as possessing the necessary qualification referred to in regulations 5 or 6, as the case may be.

Regulation 10 applies the general requirements relating to the employment of teachers found in regulations 3 and 4, to Jordanhill School, Glasgow.

Regulation 11 removes references in the grant regulations applicable to Jordanhill School to the Schools (Scotland) Code 1956.

The Schools (Scotland) Code 1956 as amended related to the organisation and management of schools. Incrementally repealed over the years, only a number of its regulations remained in force and which themselves became outdated. Regulation 12 and the Schedule revoke the Schools (Scotland) Code 1956 as amended.