[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Education (School Teachers' Qualifications) (England) Regulations 2003 No. 1662 URL: http://www.bailii.org/uk/legis/num_reg/2003/20031662.html

[New search] [Help]

"the 1959 Regulations" means the Schools Regulations 1959[2];

"the 1982 Regulations" means the Education (Teachers) Regulations 1982[3];

"the 1989 Regulations" means the Education (Teachers) Regulations 1989[4];

"the 1993 Regulations" means the Education (Teachers) Regulations 1993[5];

"the 1999 Regulations" means the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999[6];

"the 2003 Specified Work Regulations" means the Education (Specified Work and Registration) (England) Regulations 2003[7];

"accredited institution" means an institution accredited by the Teacher Training Agency under regulation 11;

"city college" means a city technology college or a city college for the technology of the arts;

"the Council" means the General Teaching Council for England;

"employment" means employment under a contract of employment or the engagement of a person to provide his services otherwise than under a contract of employment and references to being employed shall be construed accordingly;

"further education institution" means an institution which provides further education and is maintained by a local education authority, or is within the further education sector;

"hearing impaired" means deaf or partially hearing;

"institution" means a further education institution or an institution within the higher education sector;

"school" means a school maintained by a local education authority or a special school not so maintained;

"teaching" means carrying out work of a kind which is specified by regulations made under section 133 of the Education Act 2002 and "to teach" shall be construed accordingly; and

"visually impaired" means blind or partially sighted.

Revocations and transitional provisions
     4.  - (1) The regulations mentioned in Part 1 of Schedule 1 are revoked to the extent specified in that Schedule.

    (2) The transitional provisions mentioned in Part 2 of Schedule 1 have effect.

Qualified teacher status
     5. Subject to regulations 6, 7, 8 and 9, a person is a qualified teacher if he is a person mentioned in -

(a) paragraph 2 or 3 of Part 1 of Schedule 2, or

(b) paragraphs 4 to 13 of Part 1 of Schedule 2 and he has been awarded qualified teacher status by the Council in accordance with regulation 10.

Mandatory Qualifications for teachers of hearing impaired pupils
     6. Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are hearing impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.

Mandatory Qualifications for teachers of visually impaired pupils
     7. Subject to regulations 8 and 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.

Mandatory Qualifications for teachers of pupils who are both hearing and visually impaired
     8.  - (1) Subject to paragraph (2) and regulation 9, a person shall not be a qualified teacher for the purpose of teaching a class of pupils who are both hearing impaired and visually impaired unless in addition to being a qualified teacher in accordance with regulation 5, he possesses a qualification approved by the Secretary of State for the purpose of this regulation.

    (2) A person who possesses a qualification approved under regulation 6 or 7 shall be a qualified teacher for the purpose of paragraph (1) if his head teacher is satisfied that no teacher with a qualification approved under paragraph (1) is available to teach the class in question.

     9. A person who does not possess a qualification approved under regulation 6, 7 or 8 shall be a qualified teacher for the purpose of teaching a class of pupils who are -

(a) hearing impaired,

(b) visually impaired, or

(c) both hearing impaired and visually impaired,

if his head teacher is satisfied that the person in question is in the process of obtaining the qualification required by regulation 6, 7 or 8, as the case may be, and provided that the aggregate period for which he teaches a class of pupils by virtue of this regulation does not exceed three years.

Award of qualified teacher status by the General Teaching Council for England
     10.  - (1) The Council shall award qualified teacher status to the persons mentioned in paragraphs 4 to 13 of Part 1 of Schedule 2 by written notification.

    (2) Subject to paragraphs (3) to (6), persons who receive written notification under paragraph (1) shall obtain qualified teacher status from such date as the Council may provide in the notification.

    (3) Subject to paragraphs (4) to (6), the Council may provide for a person mentioned in paragraphs 4 to 13 of Schedule 2 to obtain qualified teacher status from a date not more than one year prior to the date of written notification to the extent that is appropriate having regard to all the circumstances of the case.

    (4) In the case of a person mentioned in paragraph 9, 10, 12 or 13 of Schedule 2, the Council shall not provide for that person to obtain qualified teacher status from a date prior to the date on which the assessment referred to in those paragraphs is completed.

    (5) In the case of a person mentioned in paragraph 11 of Schedule 2, the Council shall not provide for that person to obtain qualified teacher status from a date prior to the date on which he completed the period of service as a teacher licensed by the States of Guernsey Education Council as specified in the statement of the States of Guernsey Education Council.

    (6) In the case of a person mentioned in paragraph 4, 5 or 6 of Schedule 2, the Council shall provide for that person to obtain qualified teacher status from the date of his qualification as a school teacher in Scotland or Northern Ireland, as the case may be.

Accredited Institutions
     11.  - (1) The Teacher Training Agency may accredit an institution as a provider of courses or programmes of initial school teacher training.

    (2) The Teacher Training Agency shall only accredit an institution which satisfies such criteria as may from time to time be specified by the Secretary of State.

    (3) The Teacher Training Agency may withdraw the accreditation of an institution in accordance with such criteria as may from time to time be specified by the Secretary of State.

    (4) Before specifying any criteria under paragraphs (2) and (3) the Secretary of State shall consult the Teacher Training Agency.


David Miliband
Minister of State, Department for Education and Skills

2nd July 2003

(a) a qualification approved for the purpose of regulation 12 of the 1999 Regulations;

(b) a qualification approved for the purpose of regulation 15 of the 1993 Regulations;

(c) a qualification approved for the purpose of regulation 16 of the 1989 Regulations;

(d) a qualification mentioned in regulation 16(1) of the 1982 Regulations;

(e) a qualification approved for the purpose of that regulation as comparable to a qualification so mentioned; or

(f) a qualification for teaching blind pupils which, immediately before 8th April 1982, satisfied the requirements of the Secretary of State under regulation 15(2) of the Handicapped Pupils and Special Schools Regulations 1959[8],

shall be treated as possessing a qualification approved for the purpose of regulation 7.

Continued employment of existing teachers of pupils who are hearing or visually impaired or both
     3.  - (1) A person who is mentioned in sub-paragraph (2) shall be a qualified teacher for the purposes of teaching a class of pupils who are both hearing and visually impaired, notwithstanding that he is not a qualified teacher for the purpose of regulation 8(1).

    (2) A person who satisfies the requirements of -

(a) regulation 13 of the 1999 Regulations, or

(b) regulation 18 of the 1982 Regulations,

for employment as the teacher of a class of pupils who were both deaf or partially hearing and blind.

Accreditation of institutions providing initial teacher training
     4. Any accreditation for the purposes of -

(a) regulation 15 of the 1999 Regulations in force immediately before 1st August 2003;

(b) paragraph 2 of Schedule 3 to the 1999 Regulations in force immediately before 15th December 2001; or

(c) paragraph 3 of Schedule 3 to the 1993 Regulations in force immediately before 1st September 1999,

shall have effect as if given for the purposes of regulation 11.

Teacher trainees on the employment-based teacher training scheme
     5. The employment-based teacher training scheme established for the purposes of paragraph 19 of Schedule 2 to the 1999 Regulations shall have effect as if established for the purposes of paragraph 10 of Schedule 2 to these Regulations, and persons who are undertaking teacher training by virtue of that scheme shall continue to do so as if for the purposes of paragraph 10 of Schedule 2.

Other teacher training programmes
     6. A person who is undertaking a training programme pursuant to paragraph 9 of Schedule 3 to the 1999 Regulations shall continue to do so as if for the purposes of paragraph 10 of Schedule 2.

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992[9] as adjusted by the Protocol signed at Brussels on 17th March 1993[10];

"the CNAA" means the Council for National Academic Awards;

"foreign institution" means any institution other than a United Kingdom institution;

"graduate teacher" means a person who has been granted an authorisation to teach in accordance with paragraphs 5 to 11 of Schedule 2 to the 1999 Regulations before 1st September 2002;

"recommending body" means the body that is the organiser of the training given or to be given to the person named in the recommendation;

"registered teacher" means a person who has been granted an authorisation to teach in accordance with paragraphs 12 to 18 of Schedule 2 to the 1999 Regulations before 1st September 2002;

"specified standards" means the standards applying as at the time of assessment specified by the Secretary of State as the standards required of a person who seeks to achieve qualified teacher status;

"Switzerland Agreement" means the Agreement between the European Community and its Member States of the one part and the Swiss Confederation of the other on the Free Movement of Persons signed at Luxembourg on 21st June 1999[11] and which came into force on 1st June 2002; and

"United Kingdom institution" means an institution established in the United Kingdom, other than one which is, or is affiliated to or forms part of, an institution whose principal establishment is outside the United Kingdom and includes the CNAA.

     2. The person is a qualified teacher by virtue of paragraph 1 of Schedule 3 to the 1999 Regulations.

     3. The person is a qualified teacher by virtue of regulations made in relation to Wales and from time to time in force under -

(a) section 132 of the Education Act 2002, or

(b) before any such Regulations are made, section 218(2) of the Education Reform Act 1988[12].

     4. The person has successfully completed a course of initial school teacher training at an educational institution in Scotland or Northern Ireland.

     5. The person is registered as a teacher of primary or secondary education with the General Teaching Council for Scotland.

     6. The person has been awarded confirmation of recognition as a teacher in schools in Northern Ireland by the Department of Education, Northern Ireland Office, that confirmation not having been subsequently withdrawn.

     7. The person -

(a) holds a first degree or equivalent qualification granted by a United Kingdom institution or an equivalent degree or other qualification granted by a foreign institution;

(b) successfully completes a course of initial teacher training at an accredited institution in England;

(c) undertakes any period of practical teaching experience for the purposes of that course of initial teacher training wholly or mainly in a school, city college, academy, independent school or other institution (except a pupil referral unit) in England; and

(d) is assessed by the accredited institution as meeting the specified standards.

     8. The person is a person who as respects the profession of school teacher falls within Article 3 of Council Directive 89/48 EEC[13] on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration, as extended by the EEA Agreement and as amended by the Switzerland Agreement.

     9.  - (1) Where a person has been granted an authorisation to teach under Part II or III of Schedule 2 to the 1999 Regulations before 1st September 2002, the recommending body has submitted to the Council -

(a) a recommendation that the person should be awarded qualified teacher status; and

(b) a statement described in sub-paragraph (2).

    (2) The statement states that the person -

(a) has been assessed by a competent person as meeting the specified standards;

(b) holds a first degree or equivalent qualification granted by a United Kingdom institution, or a qualification of an equivalent standard granted by an educational institution elsewhere; and

(c) satisfies one of the following requirements -


(i) he has successfully completed service as a graduate teacher or a registered teacher for the period of the authorisation and has successfully completed any training proposed in the recommendation for an authorisation;

(ii) he has completed not less than 3 months service as a graduate teacher or not less than one year's service as a registered teacher and has made such progress during his period of service as a graduate teacher or a registered teacher that in the view of the recommending body he did not need, in the light of that progress, to complete that service for the period of authorisation before being assessed under paragraph (a); or

(iii) he has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country.

    (3) In this paragraph a "competent person" means in a case where the recommending body is an accredited institution, that institution, and in any other case it means the person approved by the Teacher Training Agency for the purpose of carrying out the assessment referred to in paragraph (2)(a).

     10.  - (1) The person -

(a) successfully completes a period of training on an employment-based teacher training scheme, and

(b) is assessed by or on behalf of the Teacher Training Agency as meeting the specified standards.

    (2) A recommendation is submitted by or on behalf of the Teacher Training Agency to the Council that the person mentioned in sub-paragraph (1) should be awarded qualified teacher status.

    (3) An "employment-based teacher training scheme" is a scheme established by the Secretary of State for the purposes of this paragraph whereby a person may undertake initial teacher training in order to obtain qualified teacher status while being employed to teach at a school, city college, Academy, independent school or other institution except a pupil referral unit.

    (4) The Teacher Training Agency shall exercise the function of administering any employment-based teacher training scheme in accordance with any guidance given to them by the Secretary of State.

     11.  - (1) The States of Guernsey Education Council has submitted to the Council a recommendation that the person should be awarded qualified teacher status and a statement that the person satisfies the requirements specified in sub-paragraph (2), (3) or (4).

    (2) The person successfully completes two school years' full-time service or the equivalent period of part-time service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence.

    (3) The person -

(a) successfully completes not less than one school year's service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence;

(b) had attained the age of 24 years before the date of commencement of the licence; and

(c) before the date of commencement of the licence, had been employed for not less than two years as a teacher or a lecturer at an independent school (including a city college or Academy) or an institution or a university in the United Kingdom or as an Instructor or Education officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 2 to the 1993 Regulations or paragraph 3 of Schedule 2 to the 1999 Regulations or paragraph 4 of Schedule 2 to the 2003 Specified Work Regulations and was not dismissed on grounds other than redundancy.

    (4) The person -

(a) successfully completes not less than one school term's service as a licensed teacher and the training proposed in the recommendation for a licence;

(b) had, before the date of commencement of the licence, successfully completed either -


(i) a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales, or

(ii) a first degree course and a postgraduate course of initial training for teachers in schools at such an institution (whether or not the same institution); and



(c) had been employed for not less than one year as a teacher or lecturer in a school, independent school (including city college or Academy), institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy.

     12.  - (1) Before 1st September 2004 the recommending authority has submitted to the Council a recommendation that the person should be awarded qualified teacher status and a statement that -

(a) on the date of the recommendation he is employed as a teacher in an independent school;

(b) he has been assessed by the recommending authority as meeting the specified standards;

(c) before -


(i) 1st January 1974 he obtained qualifications meeting the requirements of paragraph 14, 15, 16, 17, 18, 19 or 20 of Part 2 of this Schedule, or

(ii) 1st January 1974 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution, or

(iii) 1st September 1989 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology; and



(d) he was employed as a teacher in an independent school at any time before 1st September 1989.

    (2) In this paragraph - "recommending authority" means -

(a) in the case of a teacher who is not a head teacher or principal, the head teacher or principal of the independent school at which he is employed to teach, and

(b) in the case of a head teacher or principal, the chairman of the governing body of the school, or if none the proprietor of the school.

     13.  - (1) Before 1st September 2004 the recommending authority has submitted to the Council a recommendation that a person should be awarded qualified teacher status and a statement that -

(a) on the date of the recommendation he is -


(i) employed as a teacher in a further education institution, or

(ii) an instructor in a school by virtue of paragraph 4 of Schedule 2 to the 2003 Specified Work Regulations;



(b) he has been assessed by the recommending authority as meeting the specified standards;

(c) before-



(i) 1st January 1974 he obtained qualifications meeting the requirements of paragraph 14, 15, 16, 17, 18, 19, or 20 of Part 2 of this Schedule;

(ii) 1st January 1974 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution; or

(iii) 1st September 1989 he obtained a degree granted by a United Kingdom university or by the CNAA or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology;



(d) he was employed as a teacher in a further education institution at any time before 1st September 1989;

(e) he holds a Certificate in Education or a Post-graduate Certificate in Education; and

(f) in the opinion of the recommending authority, he has sufficient teaching experience to be able to teach pupils aged from 14 years to 19 years.

    (2) In this paragraph - "recommending authority" means -

(a) in the case of a teacher who is not a head teacher or principal, the head teacher or principal of the further education institution at which the person is employed to teach; and

(b) in the case of a head teacher or principal, the chairman of the governing body.

[2] S.I. 1959/364 as amended by S.I. 1968/1281, 1969/1777, 1971/342, 1973/2021 and 1978/1144.back

[3] S.I. 1982/106 as amended by S.I. 1988/542 and 1989/329.back

[4] S.I. 1989/1319 as amended by S.I. 1989/1541, 1990/1561, 1991/1134, 1991/1840, 1991/2240 and 1992/1809.back

[5] S.I. 1993/543 as amended by S.I. 1997/368, 1997/2679 and 1998/1584.back

[6] S.I. 1999/2166 as amended by S.I. 2000/2704, 2001/1391, 2001/2896, 2001/3737, 2002/1434 and 2003/107.back

[7] S.I. 2003/1663.back

[8] S.I. 1959/365 as amended by S.I. 1968/1281 and 1971/342.back

[9] Cm. 2073.back

[10] Cm. 2183.back

[11] Cm. 4904.back

[12] 1988 c 40.back

[13] OJ No. L19, 24.1.89, p.16.back

 

© Crown copyright 2003

Prepared 8 July 2003