The Education (Teachers) (Amendment) Regulations 1998

• Citation: S.I. 1998/1584
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Education (Teachers) (Amendment) Regulations 1998 and shall come into force on 1st August 1998.

Section 2 Amendment

The Education (Teachers) Regulations 1993 shall be amended as follows.

Section 3 Amendment

(1) In regulation 7(1) of Part III (provisions of general application) there shall be substituted for “subject to paragraph (2)” the words “subject to paragraphs (2) and (3)”.

(2) In regulation 7(2) there shall be substituted for “regulation 10” the words “regulations 10 and 10A”.

(3) At the end of regulation 7 there shall be added the following paragraph—

(3) For the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or relevant employment shall be construed accordingly.

(4) After regulation 10 there shall be inserted the following regulation—

(10A) The governing body of a school or further education institution, the local education authority so far as it relates to that school or institution and the proprietor of an independent school shall take such steps as are reasonably practicable to prevent a person who is not employed by them in relevant employment but who is, on medical grounds or on grounds of misconduct, the subject of a direction given by the Secretary of State under regulation 10, from providing services in relation to the school or institution or persons attending it which—

(i) are provided by whatever means and whether under contract or otherwise, and

(ii) would bring that person providing them regularly into contact with persons who have not attained the age of nineteen years,

in circumstances where to allow him to provide such services would be contrary to the terms of that direction if he were to be so employed.

(5) In regulation 11 there shall be added the following paragraph—

(2) In paragraph (1), references to “dismissed from relevant employment” include the termination by the local education authority or the governing body of a school or further education institution of a person’s engagement to provide his services as a teacher in relevant employment otherwise than under a contract of employment and references to “dismissed” or “dismissing” shall be construed accordingly and the reference to “resignation” includes the termination by that person of such an engagement.

Section 4 Amendment

(1) In regulation 12 of Part IV (provisions applying to schools) there shall be inserted at the beginning the words “Subject to regulation 12A,”.

(2) After regulation 12 there shall be inserted the following regulation—

(12A) For the purposes of this Part, employment includes the engagement of a person to provide his services as a teacher otherwise than under a contract of employment and references to employment or being employed shall be construed accordingly.