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Statutory Instrument 1989 No. 1319

The Education (Teachers) Regulations 1989

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1989 No. 1319

EDUCATION, ENGLAND AND WALES

The Education (Teachers) Regulations 1989

Made1st August 1989
Laid before Parliament2nd August 1989
Coming into force1st September 1989

    In exercise of the powers conferred by sections 218(1)(a), (b), (c) and (d), (2), (3), (5) and (6) and 232(5) of the Education Reform Act 1988[1], the Secretary of State for Education and Science hereby makes the following Regulations:


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[2], the Education (Teachers) (Amendment) Regulations 1988[3] and the Education (Teachers) (Amendment) Regulations 1989[4] 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[5];
       (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) a course for the further training of teachers or youth and community workers;
         (b) a post-graduate course (including a higher degree course);
         (c) a first degree course;
         (d) a course for the Diploma of Higher Education;
         (e) a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies;
         (f ) a course for the Certificate in Education;
         (g) 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;
         (h) 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-
         (a) 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;
         (b) in the case of such a school which has a delegated budget, the governing body of the school;
         (c) in the case of a grant-maintained school, the governing body of the school; and
         (d) 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.


Notes:

[1] 1988 c. 40.

[2] S.I. 1982/106.

[3] S.I. 1988/542.

[4] S.I. 1989/329.

[5] 1944 c. 31, amended by section 213(3) of the Education Reform Act 1988.

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