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Statutory Instruments

2001 No. 1266

EDUCATION, ENGLAND

The Teachers (Compulsory Registration) (England) Regulations 2001

Made

28th March 2001

Laid before Parliament

30th March 2001

Coming into force

1st June 2001

In exercise of the powers conferred on the Secretary of State by sections 218(1) (aa) and 232 (5) and (6) of the Education Reform Act 1988( 1 ) the Secretary of State for Education and Employment hereby makes the following Regulations:

1. β€”(1) These Regulations may be cited as the Teachers (Compulsory Registration) (England) Regulations 2001 and shall come into force on 1st June 2001.

(2) These Regulations shall apply in relation to England( 2 ).

2. β€”(1) In these Regulationsβ€”

β€œ1988 Act” means the Education Reform Act 1988;

β€œ1998 Act” means the Teaching and Higher Education Act 1998; and

β€œregistered” means registered in accordance with section 3 of the 1998 Act( 3 ) by the General Teaching Council for England, and β€œregistration” shall be construed accordingly.

(2) Words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions of the 1988 Act set out opposite thereto in the second column.

qualified teacher section 218(2)( 4 )
school section 218(12)( 5 )
a person employed as a teacher section 218(13)(a)( 6 )

(3) A reference to a teacher taking up a post as a teacher includes a reference to the engagement of a teacher to provide his services as a teacher otherwise than under a contract of employment, and a reference to a teacher occupying a post includes a reference to a teacher occupying a post pursuant to such an engagement.

3. Subject to regulation 4, no person shall be employed as a teacher at a school unless he is registered.

4. A person specified in Part I of the Schedule is excepted from the requirement imposed by regulation 3, and a person specified in Part II of the Schedule is excepted from that requirement for the period specified in the case in question.

Jacqui Smith

Parliamentary Under Secretary of State,

Department for Education and Employment

28th March 2001

Regulation 4

SCHEDULE Cases in which a person who is not registered may be employed as a teacher at a school

PART I

1. A person who is not a qualified teacher but who is employed as a teacher at a school by virtue of regulations from time to time in force under section 218(1)(a) of the 1988 Act ( 7 ).

2. A person who is employed as a teacher at a school solely in the provision ofβ€”

(a) part-time education to persons over compulsory school age only; or

(b) full-time education to persons who have attained the age of 19 years only; or

(c) both such part-time and such full-time education.

3. A person who has failed satisfactorily to complete an induction period in accordance with the Education (Induction Arrangements for School Teachers) (England) Regulations 1999 ( 8 ) whose employment is subject to restriction under regulation 16(5) of those regulations pending the outcome of an appeal.

PART II

4. A qualified teacher whoβ€”

(a) is eligible under the 1998 Act for registration;

(b) on or after 1st June 2001 takes upβ€”

(i) his first ever post as a qualified teacher at a school, or

(ii) his second or subsequent post as a qualified teacher at a school following a break in service of one school term or more as a qualified teacher at a school; and

(c) before he took up that post he made an application for registration which complies with the requirements for making such an application from time to time in force under section 4(2)(a) and (b) of the 1998 Act ( 9 ),

is excepted from the requirement imposed by regulation 3 for a period of 4 weeks starting on the date on which he takes up that post.

( 1 )

1988 c. 40 : section 218(1)(aa) was inserted by section 11 of the Teaching and Higher Education Act 1998 (c. 30) . Section 232(6) was amended by section 14 of the Education Act 1994 (c. 30) and paragraph 6 of Schedule 3 and Schedule 4 to the Teaching and Higher Education Act 1998.

( 2 )

Functions under section 218(1) of the Education Reform Act 1988 transferred to the National Assembly for Wales by virtue of S.I. 1999/672 .

( 3 )

The Regulations currently in force under this provision are the General Teaching Council for England (Registration of Teachers) Regulations 2000 (S.I. 2000/2176 ).

( 4 )

The Regulations currently in force under this provision are the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 (S.I. 1999/2166 amended by S.I. 2000/2704 ).

( 5 )

A new section 218(12) was substituted by paragraphs 16 and 17 of Schedule 30 to the School Standards and Framework Act 1998 (c. 31) .

( 6 )

A new section 218(13) was inserted by section 49(1) and (4) of the Education Act 1997 (c. 44) .

( 7 )

The Regulations currently in force under this provision are S.I. 1999/2166 amended by S.I. 2000/2704 .

( 9 )

The Regulations currently in force under this provision are S.I. 2000/2176 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Teachers (Compulsory Registration) (England) Regulations 2001 (2001/1266)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
1988 ActUnknown1988_Act_rt62GQQ
1998 ActUnknown1998_Act_rtr4Hai
registeredUnknownregistered_rt5TaeI
registrationUnknownregistrati_rtXGYkn
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