Joint Committee on Statutory Instruments Thirty-First Report


Memorandum by the Department for Education and Employment


1. The Committee, by a letter from its Clerk dated 1st November 2000, requested a memorandum on the following point—

    Explain what is meant by "qualified teacher" in regulation 3(1), and why that expression is not defined.

2. "Qualified teacher" in regulation 3(1) is intended to have the meaning given to that expression in section 218(2) of the Education Reform Act 1988.

3. The expression "qualified teacher" is not defined for the purposes of section 50 and 63(3) of the Education (No. 2) Act 1986 under which the Education (Bursaries for School Teacher Training Pilot Scheme) (England) Regulations 2000 were made. As section 218 of the Education Reform Act 1988 and the regulations made under it are the only provisions in education legislation concerning the need for school teachers to be qualified and the determination of qualified teacher status, we consider it would be difficult to construe "qualified teacher" as meaning anything other than a teacher qualified within the meaning of section 218(2). However, the Department accepts that a definition of "qualified teacher" should have been included in the Regulations, and undertakes to remedy this omission when these Regulations are next amended.

7 November 2000

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