EDUCATION, ENGLAND AND WALES PART I GENERAL Citation and commencement 1 These regulations may be cited as the Education (Teachers) Regulations 1989 and shall come into force on 1st September 1989. Revocations and transitional provisions 2 1 Subject to paragraph 2(3) of Schedule 5, the Education (Teachers) Regulations 1982 , the Education (Teachers) (Amendment) Regulations 1988 and the Education (Teachers) (Amendment) Regulations 1989 are hereby revoked. 2 Schedule 1 shall have effect as respects the transitional matters there mentioned. Schools and institutions to which these Regulations apply and interpretation 3 1 Except where the context otherwise requires, in these Regulations– a a reference to a school is a reference to a school maintained by a local education authority, a special school not so maintained, or a grant-maintained school; b a reference to a further or higher education institution is a reference to an institution providing further education or higher education (or both) which is either maintained by a local education authority or is designated by or under Schedule 2 as an institution substantially dependent for its maintenence on assistance from local education authorities or on grants under section 100(1)(b) of the Education Act 1944 ; c a reference to an institution, without qualification, is a reference to a further or higher education institution or an institution within the PCFC funding sector; d a reference to a worker with children or young persons is a reference to a person, other than a teacher, whose work brings him regularly into contact with persons who have not attained the age of 19 years. 2 Except where the context otherwise requires, in these Regulations– “city technology college” and “city college for the technology of the arts” means an independent school situated in England or Wales which is, or was at the relevant time, recognised by the Secretary of State as a city technology college or city college for the technology of the arts, respectively; “hearing impaired” means deaf or partially hearing; “higher education” means education provided by any of the following courses:– a course for the further training of teachers or youth and community workers; a post-graduate course (including a higher degree course); a first degree course; a course for the Diploma of Higher Education; a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies; a course for the Certificate in Education; a course in preparation for a professional examination at a standard higher than the standard of examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council; a course providing education (whether or not in preparation for an examination) at a standard higher than the standard of courses providing education in preparation for examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business & Technician Education Council; “licensed teacher” has the meaning assigned thereto by paragraph 2 of Schedule 4; “recommending body” means– in the case of a special school maintained by a local education authority or a county, controlled, aided or special agreement school which has no delegated budget, the local education authority; in the case of such a school which has a delegated budget, the governing body of the school; in the case of a grant-maintained school, the governing body of the school; and in the case of a special school not maintained by a local education authority, the governing body of the school; and any reference to a school which has a delegated budget shall be construed in accordance with section 33(6)(b) of the Education Reform Act 1988. “relevant employment” has the meaning assigned thereto by regulation 7; “qualified teacher” has the meaning assigned thereto by regulation 13 and “unqualified teacher” shall be construed accordingly; “visually impaired” means blind or partially sighted. Approvals 4 Except where the context otherwise requires, an approval for the purposes of these Regulations may apply generally (subject to such exceptions, if any, as are specified therein) or only in a particular case. Cross references 5 Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof. PART II PROVISIONS APPLYING TO SCHOOLS AND FURTHER OR HIGHER EDUCATION INSTITUTIONS Staffing of schools and maintained or assisted institutions 6 1 At any school or further or higher education institution there shall be employed a staff of teachers suitable and sufficient in numbers for the purpose of securing the provision of education appropriate to the ages, abilities, aptitudes and needs of the pupils having regard to any arrangements for the utilisation of the services of teachers employed otherwise than at the school or institution in question. 2 Without prejudice to the generality of paragraph (1)– a the staff of teachers employed at a school shall include a head teacher; b the staff of teachers employed at a further or higher education institution shall have qualifications appropriate to the giving of adequate instruction in the subjects in which courses are provided. 3 The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools contained in Part IV of these Regulations. PART III PROVISIONS OF GENERAL APPLICATION Employment to which Part III applies 7 This Part shall apply in relation to the employment of persons– a by a local education authority, as teachers (whether or not at a school or institution) or as workers with children or young persons; b by any other body, as teachers at a school or institution; and any reference in this Part to relevant employment is a reference to such employment. Health standards – appointments 8 1 A person shall not be appointed to relevant employment unless his employers are satisfied as to his health and physical capacity therefor. 2 For the purposes of this regulation, where it appears to his employers reasonable so to do– a in the case of the first appointment as a teacher of a person in respect of whom the Secretary of State has been satisfied that he has the health and physical capacity for teaching, they may accept the Secretary of State’s conclusion in the matter; b in the case of any appointment to relevant employment of a person previously in such employment, they may rely upon the person’s medical record while in that employment. Health standards – continued employment 9 1 A person in relevant employment shall not continue in that employment if his employers are satisfied that he has not the health or physical capacity therefor. 2 For the purposes of this Regulation, where it appears to his employers that a person may no longer have the health or physical capacity for his employment– a they shall afford him an opportunity to submit medical evidence and make representations to them; b they shall consider such evidence and representations and any other medical evidence available to them, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it; c they may require him, or at his request shall arrange for him, to submit himself for examination by a duly qualified medical practitioner appointed by them and, if without good cause he fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, they may reach a conclusion in the matter on such evidence and information as is available to them, notwithstanding that further medical evidence may be desirable. 3 At any time before such medical examination as is referred to in paragraph (2)(c) the employers, or the person himself, may submit to the appointed medical practitioner a statement containing evidence or other matter relevant to the examination; and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined. Barring by the Secretary of State 10 1 The powers conferred on the Secretary of State by paragraph (2) shall only be exercisable– a on medical grounds; b on grounds of a person’s misconduct (whether or not evidenced by his conviction of a criminal offence), or c in relation only to employment as a teacher, on educational grounds. 2 On such grounds as aforesaid the Secretary of State may, subject to such qualifications (if any) as he may specify– a in the case of a person in relevant employment, direct his employers– i to suspend or terminate his employment, or ii to make his continued employment subject to specified conditions; b in the case of such a person in respect of whom a direction is given under sub-paragraph (a) or of a person not in relevant employment, direct that– i he be not subsequently appointed to or employed in relevant employment, or ii he be only subsequently so appointed or employed in relevant employment subject to specified conditions, including conditions relating to the employment in question. 3 In the case of a person in relevant employment, the Secretary of State shall not exercise his powers under paragraph (2) without first consulting his employers. 4 Where the Secretary of State is considering exercising his powers under paragraph (2) on medical grounds, sub-paragraphs (a), (b) and (c) of paragraph (2) and paragraph (3) of regulation 9 shall apply for the purposes of this regulation as if any reference therein to the employers were a reference to the Secretary of State. 5 Where the Secretary of State is considering exercising his powers under paragraph (2) on grounds of a person’s misconduct or on educational grounds– a he shall afford the person concerned an opportunity to make representations to him, and b he shall consider such representations and all other relevant information available to him. 6 A direction given under this regulation may be withdrawn or varied by a subsequent direction but, subject as aforesaid, the employers of persons in relevant employment shall comply with such a direction prohibiting or restricting a person’s employment or further employment. Misconduct reports 11 Where a person is dismissed from relevant employment on grounds of his misconduct (whether or not he is convicted of a criminal offence) or his employers would have so dismissed him, or considered so dismissing him, but for his resignation, his employers shall report the facts of the case to the Secretary of State. PART IV PROVISIONS APPLYING ONLY TO SCHOOLS Employment to which Part IV applies 12 This Part shall apply in relation to the employment of persons as teachers at schools. Employment normally restricted to qualified teachers 13 Save in the cases and circumstances specified in Schedules 3 and 4, and subject to regulations 15, 16, 17 and 18 no person shall be employed as a teacher at a school unless he is a qualified teacher in accordance with Schedule 5; and references in this Part to a qualified or unqualified teacher shall be construed accordingly. Probationary service of qualified teachers 14 The provisions of Schedule 6 relating to probation shall have effect in the case of such a qualified teacher as is mentioned in paragraph 2(1) of that Schedule. Employment of teachers of hearing impaired pupils 15 Subject to regulations 17 and 18, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are hearing impaired (otherwise than to give instruction in a craft, trade or domestic subject) unless in addition to being a qualified teacher in accordance with Schedule 5, he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation. Employment of teachers of visually impaired pupils 16 Subject to regulations 17 and 18, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are visually impaired (otherwise than to give instruction in a craft, trade or domestic subject) unless in addition to being a qualified teacher in accordance with Schedule 5 he possesses a qualification for the time being approved by the Secretary of State for the purpose of this regulation. Employment of teachers of pupils who are both hearing and visually impaired 17 1 Subject to paragraph (2) and regulation 18, a person shall not be a qualified teacher for the purpose of employment at a school as a teacher of a class of pupils who are both hearing and visually impaired (otherwise than to give instruction in a craft, trade or domestic subject) unless, in addition to being a qualified teacher in accordance with Schedule 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 15 or 16 shall be a qualified teacher for the purpose mentioned in paragraph (1) notwithstanding that he does not possess a qualification approved for the purpose of that paragraph where the authority or other body are satisfied that no teacher with such a qualification is available to teach the class in question. Temporary employment of teachers of the visually impaired or hearing impaired (or both) 18 A person may be employed at a special school as the teacher of a class of pupils who are– a hearing impaired, b visually impaired, or c both hearing impaired and visually impaired notwithstanding that he is not a qualified teacher in accordance with regulation 15, 16 or 17(1), as the case may be, for the purpose of such employment if his employers are satisfied that it is his intention to acquire a qualification approved by the Secretary of State under regulation 15, 16 or 17(1) as the case may be, provided however, that the aggregate period for which he has been employed, in one or more schools, as the teacher of such a class of pupils as are mentioned in sub-paragraph (a), (b) or (c), as the case may be, does not exceed three years.