2019 No. 444 (W. 107)
The Teachers' Qualifications (Amendment) (Wales) (EU Exit) Regulations 2019
Sift requirements satisfied
Made
Laid before the National Assembly for Wales
Coming into force in accordance with regulation 1(2)
The Welsh Ministers, in exercise of the powers conferred by sections 132(1) and (2) and 135 of the Education Act 2002 F1 and having consulted the Education Workforce Council as required by section 132(4) of that Act, and in exercise of the powers in paragraph 1 of Schedule 2 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 F2, make the following Regulations.
The requirements of paragraph 4(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Assembly procedure for these Regulations) have been satisfied.
PART 1Introduction
Title, commencement, application and revocationI11
1
The title of these Regulations is the Teachers' Qualifications (Amendment) (Wales) (EU Exit) Regulations 2019.
2
These Regulations come into force on exit day.
3
These Regulations apply in relation to Wales.
4
The General Teaching Council (Registration of Temporary Teachers from Relevant European States) (England and Wales) Regulations 2009 F3 are revoked.
PART 2Amendment of subordinate legislation
Amendment of the Head Teachers' Qualifications and Registration (Wales) Regulations 2005I22
1
The Head Teachers' Qualifications and Registration (Wales) Regulations 2005 F4 are amended as follows.
2
In regulation 2, for the definition of “the 2005 Regulations”, substitute—
“the 2015 Regulations” (“Rheoliadau 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 F5
3
In regulation 3(1)(e) for “the 2005 Regulations”, substitute “
the 2015 Regulations
”
.
Amendment of the School Teachers' Qualifications (Wales) Regulations 2012I33
1
The School Teachers' Qualifications (Wales) Regulations 2012 F6 are amended as follows.
2
For paragraph 4 of Schedule 2, substitute—
4
1
Persons who as respects the profession of school teacher are, entitled to practice pursuant to the 2007 Regulations or the 2015 European Union Regulations, including pursuant to —
a
a decision taken or right accrued under the 2007 Regulations or the 2015 European Union Regulations before exit day in accordance with paragraph 40 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 F7;
b
a decision taken or determination made under the 2015 European Union Regulations in accordance with paragraph 44 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019; or
c
a decision taken or determination made under the 2007 Regulations in accordance with F14paragraph 50 or paragraph 51 of Schedule 1 to the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019.
2
In this paragraph—
“the 2007 Regulations” (“Rheoliadau 2007”) means the European Communities (Recognition of Professional Qualifications) Regulations 2007 F8;
“the 2015 European Union Regulations” (“Rheoliadau'r Undeb Ewropeaidd 2015”) means the European Union (Recognition of Professional Qualifications) Regulations 2015 F9.
3
After paragraph 4 of Schedule 2, insert—
4A
1
Subject to sub-paragraphs (2) and (3), persons who are not mentioned in any other paragraph of this Schedule and who possess formal professional qualifications or training that allow them to access or pursue the profession of a school teacher in a school that is wholly or mainly government funded in the state in which the qualification was awarded or where the training was undertaken.
2
The professional qualifications or training mentioned in sub-paragraph (1) are not, in the opinion of the Welsh Ministers, substantially different to the specific professional qualifications or training required to access or pursue the profession of school teacher in Wales.
3
Persons are not the subject of any decision of, or proceedings before, a body, which restricts or may restrict a person's ability to teach in any state or who have been otherwise barred from accessing or pursuing the profession of school teacher.
Amendment of the Education Workforce Council (Main Functions) (Wales) Regulations 2015I44
1
The Education Workforce Council (Main Functions) (Wales) Regulation 2015 F10 are amended as follows.
2
In regulation 7(1) for “one or more of the conditions”, substitute “
the following condition
”
.
3
In regulation 7(2) omit “first”.
4
Regulation 7(3) is revoked.
Amendment of the Education Workforce Council (Additional Functions and Revocation) (Wales) Order 2015I55
1
The Education Workforce Council (Additional Functions and Revocation) (Wales) Order 2015 F11 is amended as follows.
2
In article 2—
a
omit the definition of “the Directive”;
b
for the definition of “the Regulations”, substitute—
the Regulations means “the European Union (Recognition of Professional Qualifications) Regulations 2015 F12”;
3
In article 3(1) omit “for the purpose of the Directive”.
Amendment of the Education (Induction Arrangements for School Teachers) (Wales) Regulations 2015I66
1
The Education (Induction Arrangements for School Teachers) (Wales) Regulations 2015 F13 are amended as follows.
2
For paragraph 8 of Schedule 2, substitute—
8
A person who is a qualified teacher who became so qualified by virtue of regulation 5 of, and paragraph 4 or 4A of Schedule 2 to, the School Teachers' Qualifications Regulations.
2002 c.32. For the meaning of “regulations”, see s.212(1). The functions conferred on the National Assembly for Wales under these sections were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006.