1. These Regulations may be cited as the Education (Teachers' Qualifications and Health Standards) (England) (Amendment No. 2) Regulations 2001 and shall come into force on 1st September 2001.

2. The Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999( 2 ) shall be amended as follows.

3. In regulation 3(2) at the appropriate point in alphabetical order there shall be inserted the following definition:

• “ “governing body” in relation to a further education institution has the same meaning as in section 90(1) of the Further and Higher Education Act 1992 ( 3 ) ; ” ;

4. After paragraph 4 of Schedule 2 the following paragraph shall be inserted—

“ Teacher trainees who have yet to pass the skills tests

4A. —(1) This paragraph shall apply in the case of an unqualified teacher over the age of 18 years who—

(a) is required to pass the teacher trainee skills tests in order to satisfy the specified standards in relation to qualifying as a teacher; and

(b) is a person who would have been notified by the Secretary of State in accordance with paragraph 1(1)(b) of Schedule 3, as being a person mentioned in paragraphs 2, 7 and 9 of Schedule 3, save that he has not passed all the teacher trainee skills tests.

(2) Such a person may be employed as a teacher at a school (other than a pupil referral unit) so that the aggregate period for which he is employed by virtue of this paragraph, by one or more than one authority or body, does not exceed 5 years or such longer period if any as may be approved in his case by the Secretary of State.

(3) In this paragraph—

(a) the “specified standards” means the standards applying from time to time as may be specified by the Secretary of State as standards required of a person who seeks to become a qualified teacher.

(b) the “teacher trainee skills tests” means the literacy and numeracy teacher trainee skills tests and from 1st May 2002 includes the information and communications technology skills tests as administered by accredited institutions. ” .

5. Schedule 3 shall be amended as follows:

(a) in paragraph 1(1)(b) the words “in paragraphs 2 to 10” shall be substituted with the words “in paragraphs 2 to 10A”;

(b) in paragraph 1(1)(b) the words “in paragraphs 7, 8 or 10” shall be substituted with the words “in paragraphs 7, 8, 10 or 10A”;

(c) in paragraph 1(2) the words “in paragraphs 2 to 10” shall be substituted with the words “in paragraphs 2 to 10A”;

(d) in paragraph 1(3) the words “in paragraphs 7, 9 or 10” shall be substituted with the words “in paragraphs 7, 9, 10 or 10A” each time they occur;

(e) in paragraph 9, sub-paragraph 9(1)(b) shall be substituted with the following sub-paragraph—

“ (b) has either—

(i) satisfactorily completed a training programme, or

(ii) successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognized as such by the competent authority in that country; ” ; and

(f) after paragraph 10 the following paragraph shall be inserted—

“ 10A. —(1) The recommending authority has submitted to the Secretary of State a recommendation that a person should be awarded qualified teacher status and a statement that—

(a) on the date of the recommendation he is employed as—

(i) a teacher in a further education institution; or

(ii) an instructor in a school in accordance with paragraph 3 of Schedule 2;

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

(c) (i) before 1st January 1974 he obtained qualifications meeting the requirements of paragraph 11, 12, 13, 14, 15, 16 or 17 of Part II of this Schedule, or

(ii) before 1st January 1974 he obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution; or

(iii) before 1st September 1989 he obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards 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 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—

(a) “recommending authority” means—

(i) 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

(ii) in the case of a head teacher or principal, the chairman of the governing body;

(b) “foreign institution” has the same meaning as in paragraph 2(2)(b); and

(c) “specified standards” has the same meaning as in paragraph 9(2)(b). ” .