Citation and commencement

1. These Regulations may be cited as The Further Education Teachers’ Continuing Professional Development and Registration (England) Regulations 2007 and come into force on 1 ^st September 2007.

Application

2. —(1) These Regulations apply only in relation to England.

(2) These Regulations do not apply to any person employed as a teacher to teach on courses of higher education only.

Interpretation

3. —(1) In these Regulations—

“certificated illness or injury” means illness certified by a registered practitioner of medicine;

“CPD”, in relation to a teacher, means continuing professional development, which is any activity undertaken by him for the purposes of updating his knowledge of the subjects he teaches or developing his teaching skills;

“ERA 1996” means the Employment Rights Act 1996( 2 );

“full-time” in relation to a teacher means any person who is paid wholly or in part by reference to the time he spends working for his employer and, having regard to the custom and practice of the employer in relation to other teachers employed by the same employer under the same type of contract, is identifiable as a full-timeteacher;

“GTC(E)” means the General Teaching Council for England;

“IfL” means the private company limited by guarantee registered at Companies House as The Institute for Learning (Post Compulsory Education and Training);

“part-time”, in relation to a teacher, means any person who is paid wholly or in part by reference to the time he spends working for his employer and, having regard to the custom and practice of the employer in relation to other teachers employed by the same employer under the same type of contract, is not identifiable as a full-timeteacher;

“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;

“teacher” means any person who provides education at a further education institution under a contract of employment or a contract for services, other than a person who is employed by the institution on an occasional basis to provide updating on current commercial, industrial, or professional practice; and “teach” and “teaching” are to be construed accordingly; and

“year” means a period of twelve months ending with 31st August.

(2) Any reference in these Regulations to a part-timeteacher includes a principal or other member of the management staff who spends only part of his time teaching.

Continuing professional development of teachers

4. —(1) Subject to paragraph (4), every full-timeteacher must complete at least 30 hours of CPD each year.

(2) Subject to paragraphs (3) and (4), every part-timeteacher must complete at least the pro-rata equivalent of 30 hours of CPD each year, calculated on the basis of the number of hours spent teaching in proportion to the number of hours a full-timeteacher in the same institution spends teaching (or would spend teaching, if there were a full-timeteacher in that institution), subject to a minimum of 6 hours each year.

(3) Where a teacher is employed at more than one further education institution on a part-time basis, he must apportion the CPD which he is required to complete under paragraph (2) accordingly.

(4) Where a teacher is employed for only part of a year or is absent from work for part of a year—

(a) in exercise of—

(i) her right to maternity leave conferred by section 71 or 73 of the ERA 1996( 3 ) or her contract of employment and has the right to return to work by virtue of those sections or her contract of employment;

(ii) the right to parental leave conferred by section 76 of the ERA 1996;

(iii) the right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the ERA 1996( 4 ); or

(iv) the right to adoption leave conferred by section 75A or 75B of the ERA 1996( 5 );

(b) because of her pregnancy; or

(c) because of certificated illness or injury, where the total period of absence from work in that year exceeds 3 months,

the CPD requirement for that teacher is reduced accordingly, on a pro-rata basis.

(5) Every teacher must maintain a record of the CPD he has undertaken each year and make it available to his employer or, where he has more than one, each of his employers, for monitoring purposes.

(6) Every teacher, other than one who is employed solely in a sixth form college and is registered with the GTC(E), must provide the IfL with a record of the CPD which he has undertaken each year, by 31 ^st August, for monitoring purposes.

Registration of teachers

5. —(1) Subject to paragraphs (2) and (3), every teacher must—

(a) register with the IfL by 31 ^st March 2008 or, in the case of any teacher appointed after 1 ^st September 2007, within 6 months of the date of his appointment; and

(b) maintain that registration continuously thereafter.

(2) Sub-paragraph (1) does not apply to a teacher who is employed solely in a sixth form college and is registered with the GTC(E).

(3) Sub-paragraph (1) does not apply to a teacher who is employed both in a school and a further education institution and is registered with the GTC(E), provided he commenced such dual employment and registered with the GTC(E) before 1 ^st September 2007.

(4) Every teacher referred to in sub-paragraphs (2) and (3) must provide the IfL with his GTC(E) registration details by 31 ^st August every year.