The Education (Specified Work and Registration) (Wales) Regulations 2010

Name, commencement and application

1.  These Regulations are called the Education (Specified Work and Registration) (Wales) Regulations 2010 and come into force on 1 December 2010.

2.  These Regulations apply in relation to Wales.

Revocations, savings and transitional provisions

3.—(1) Subject to paragraph (2) the Regulations mentioned in Part 1 of Schedule 1 are revoked.

(2) The savings and transitional provisions mentioned in Part 2 of Schedule 1 have effect.

Interpretation

4.  In these Regulations—

• “the 1996 Act” (“Deddf 1996”) means the Employment Rights Act 1996(1);

• “the 1998 Act” (“Deddf 1998”) means the Teaching and Higher Education Act 1998(2);

• “the 1959 Regulations” (“Rheoliadau 1959”) means the Schools Regulations 1959(3);

• “the 1982 Regulations” (“Rheoliadau 1982”) means the Education (Teachers) Regulations 1982(4);

• “the 1989 Regulations” (“Rheoliadau 1989”) means the Education (Teachers) Regulations 1989(5);

• “the 2002 Regulations” (“Rheoliadau 2002”) means the Further Education Teachers' Qualifications (Wales) Regulations 2002(6); and

• “the 2004 Regulations” (“Rheoliadau 2004”) means the Education (School Teachers' Qualifications) (Wales) Regulations 2004(7).

Requirement to be qualified

5.  No person may carry out work specified in regulation 7 in a school unless they—

(a) are a qualified teacher; or

(b) satisfy the requirements specified in at least one of the paragraphs of Schedule 2.

Extension of specified period

6.  Where any person is permitted to carry out work specified in regulation 7 for a specified period by virtue of any of the provisions of Schedule 2, that period will be extended by a period equal to the aggregate of any period or periods during which the person concerned is absent from work–

(a) in exercise of that person's—

(i) right to maternity leave conferred by section 71 or 73 of the 1996 Act(8) or a contract of employment and has the right to return to work by virtue of either of these sections or a contract of employment;

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

(iii) right to paternity leave conferred by section 80A, 80AA, 80B or 80BB of the 1996 Act(9); or

(iv) right to adoption leave conferred by section 75A or 75B of the 1996 Act(10); or

(b) because of pregnancy.

Specified work

7.—(1) Each of the following activities is specified work for the purposes of these Regulations—

(a) planning and preparing lessons and courses for pupils;

(b) delivering lessons to pupils;

(c) assessing the development, progress and attainment of pupils; and

(d) reporting on the development, progress and attainment of pupils.

(2) In paragraph (1)(b) “delivering” includes delivery via distance learning or computer aided techniques.

Requirement to be registered

8.  Qualified teachers may carry out work specified in regulation 7 in a school only if they are registered under section 3 of the 1998 Act (register maintained by the General Teaching Council)(11).

Leighton Andrews

Minister for Children, Education and Lifelong Learning, one of the Welsh Ministers

9 November 2010