S.I. No. 269/2020 - Teaching Council (Registration) (Amendment) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th August, 2020.

The Teaching Council, in exercise of the powers conferred on it by sections 4 and 31 (as amended by section 10 of the Teaching Council (Amendment) Act 2015 (No. 31 of 2015)) of the Teaching Council Act 2001 (No. 8 of 2001) (as adapted by the Education and Science (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 184 of 2010)), with the consent of the Minister for Education and Skills, hereby makes the following regulations:

1. (1) These Regulations may be cited as the Teaching Council (Registration) (Amendment) Regulations 2020.

(2) The Principal Regulations, the Teaching Council (Registration) (Amendment) Regulations 2016 ( S.I. No. 557 of 2016 ) and these Regulations may be cited together as the Teaching Council (Registration) Regulations 2016 and 2020.

2. In these Regulations “Principal Regulations” means the Teaching Council (Registration) Regulations ( S.I. No. 444 of 2016 ).

3. Regulation 3(1) of the Principal Regulation is amended by substituting for the definition of “newly qualified teacher” or “NQT” the following:

“‘newly qualified teacher’ or ‘NQT’ means a teacher who meets the Council’s requirements in terms of qualification but has not completed the required period of professional practice, including a teacher whose qualifications have been recognised under Route 1, paragraph 4 or Route 2, paragraph 4 of the Schedule;”.

4. The Schedule to the Principal Regulations is amended—

(a) under the heading “Route 1: Primary”, by inserting after paragraph 3 the following:

“OR

4. (1) Subject to subparagraph (2), in the exceptional circumstances arising due to the Covid-19 emergency, a qualification or qualifications obtained in a state other than the State which, in the opinion of the Council, would be assessed as equivalent under paragraph 3, with no requirement for the applicant to complete an aptitude test or adaptation period (save in relation to the Irish language), but for the fact that the person has not yet completed a period of post-qualification supervised practice, induction or probation, howsoever described, required for the pursuit of the profession in that state.

(2) Subparagraph (1) only applies to applications for admission to the register—

(a) received, but not yet processed, by the Council before the coming into operation of that subparagraph, and

(b) received by the Council after the coming into operation of that subparagraph and before 30 October 2020.

(3) Persons whose qualifications meet the requirements under subparagraph (1) shall be treated as if recognised under the Professional Qualifications Directive and Regulation 12(1) shall apply.

(4) In subparagraph (1) ‘Covid-19 emergency’ means the situation resulting from the spread in the State of the disease caused by infection with the virus SARS-CoV-2, being a disease specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 ( S.I. No. 390 of 1981 ), or any variant of the disease so specified as an infectious disease in those Regulations.”, and

(b) under the heading “Route 2: Post-Primary”, by inserting after paragraph 3 the following:

“OR

4. (1) Subject to subparagraph (2), in the exceptional circumstances arising due to the Covid-19 emergency, a qualification or qualifications obtained in a state other than the State which, in the opinion of the Council, would be assessed as equivalent under paragraph 3, with no requirement for the applicant to complete an aptitude test or adaptation period (save in relation to the history and structure of the Irish education system and, where necessary, the curricular subject referred to in paragraph 1(e) or 2(e)), but for the fact that the person has not yet completed a period of post-qualification supervised practice, induction or probation, howsoever described, required for the pursuit of the profession in that state.

(2) Subparagraph (1) only applies to applications for admission to the register—

(a) received, but not yet processed, by the Council before the coming into operation of that subparagraph, and

(b) received by the Council after the coming into operation of that subparagraph and before 30 October 2020.

(3) Persons whose qualifications meet the requirements under subparagraph (1) shall be treated as if recognised under the Professional Qualifications Directive and Regulation 12(1) shall apply.

(4) In subparagraph (1) ‘Covid-19 emergency’ means the situation resulting from the spread in the State of the disease caused by infection with the virus SARS-CoV-2, being a disease specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981, or any variant of the disease so specified as an infectious disease in those Regulations.”.

The Minister for Education and Skills consents to, and approves of, the making of the foregoing Regulations.

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GIVEN under the Official Seal of the Minister for Education and Skills,

30 July, 2020.

NORMA FOLEY,

Minister for Education and Skills.

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GIVEN under the seal of the Teaching Council,

30 July, 2020.

SEAN MCMAHON,

Chairperson.

TOMÁS Ó RUAIRC,

Director.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Teaching Council (Registration) Regulations 2016 to enable the Teaching Council to register extra teachers in order to address the public emergency caused by the Covid-19 pandemic.

These Regulations may be cited as the Teaching Council (Registration) (Amendment) Regulations 2020.