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Joint Committee on Statutory Instruments Thirty-First Report

The Education (Bursaries for School Teacher Training Pilot Scheme) (England) Regulations 2000 (S.I. 2000/2193)

26. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

27. These Regulations, made under section 50 of the Education (No. 2) Act 1986, provide for the payment of bursaries and grants to facilitate and encourage the training of qualified school teachers (other than head teachers) employed by local education authorities, or in schools in areas, included in a pilot scheme. Regulation 3(1) defines "teacher" for the purposes of the Regulations by reference to the expression "qualified teacher" without defining that expression. The Committee asked the Department for Education and Employment to explain what is meant by that expression and why it was not defined.

28. The Department, in its memorandum printed in Appendix 7, indicates that "qualified teacher" is intended to have the meaning given to that expression in section 218(2) of the Education Reform Act 1988 and accepts that this definition should have been included in the Regulations. The Department observes that it would be difficult not to conclude that this is the intended meaning, as section 218 of the 1988 Act and the Regulations made under it are the only provisions in education legislation concerning the need for teachers to be qualified. In the light of this, the Committee accepts the Department's proposal to defer remedying this omission until the Regulations are next amended. The Committee nevertheless reports regulations 3(1) for defective drafting, as acknowledged by the Department.

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