The Further Education (Principals’ Qualifications) (England) (Amendment) Regulations 2009

• Citation: S.I. 2009/472
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Further Education (Principals’ Qualifications) (England) (Amendment) Regulations 2009 and come into force on 1st April 2009.

Section 2 Amendment of the Further Education (Principals’ Qualifications) (England) Regulations 2007

The Further Education (Principals’ Qualifications) (England) Regulations 2007 are amended as set out in regulations 3, 4 and 5.

Section 3 Amendment of the Further Education (Principals’ Qualifications) (England) Regulations 2007

After regulation 2(2), insert—

(3) These Regulations also do not apply to a person appointed as the principal of a further education institution if the person–

(a) is appointed after 1st April 2009; and

(b) has previously served as the principal of a further education institution, of a college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 , or of an institution of further education as defined under article 2(2) of the Further Education (Northern Ireland) Order 1997 .

Section 4 Amendment of the Further Education (Principals’ Qualifications) (England) Regulations 2007

In regulation 3—

(a) after “In these Regulations—” insert—

“the 1996 Act ” means the Employment Rights Act 1996 ;

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

(b) for the definition of “CEL” substitute—

“ LSIS ” means the Learning and Skills Improvement Service Ltd. ;”

(c) in the definitions of “Principals’ Qualification” and “Principals’ Qualification Programme” for “CEL” substitute “LSIS”.

Section 5 Amendment of the Further Education (Principals’ Qualifications) (England) Regulations 2007

In regulation 5—

(a) for the heading substitute “ Exception to regulation 4 ”.

(b) for regulation 5 substitute—

(5)

(1) Subject to paragraph (2) a person may serve as a principal of a further education institution without any of the qualifications referred to in regulation 4 while the person is following the Principals’ Qualifying Programme or any course that leads to a qualification under regulation 4(b).

(2) A person appointed as the principal of a further education institution after 1st April 2009 and following the Principals’ Qualification Programme must complete the programme within three years of the date of appointment, subject to paragraph (3).

(3) The period under paragraph (2) shall be extended to take into account periods of absence from work —

(a) in exercise of—

(i) her right to maternity leave conferred by section 71 or 73 of the 1996 Act 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 1996 Act ;

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

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

(b) because of her pregnancy; or

(c) because of certificated illness or injury, where the total period of absence from work exceeds 3 months in any period of 12 months.