Education Act 1998 (Unregistered Persons) Regulations 2014

JurisdictionIreland
CitationIR SI 32/2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st January, 2014.

I, RUAIRÍ QUINN, Minister for Education and Skills, in exercise of the powers conferred on me by section 24 (substituted by section 6 of the Education (Amendment) Act 2012 (No. 14 of 2012)) of the Education Act 1998 (No. 51 of 1998) (as adapted by the Education and Science (Alteration of Name of Department and Title of Minister) Order 2010 ( S.I. No. 184 of 2010 )), hereby make the following regulations:

1. These Regulations may be cited as the Education Act 1998 (Unregistered Persons) Regulations 2014.

2. These Regulations come into operation on 28 January 2014.

3. (1) In these Regulations—

“Act of 1998” means the Education Act 1998 (No. 51 of 1998);

“Act of 2001” means the Teaching Council Act 2001 (No. 8 of 2001);

“board”, in relation to a school, means the board of management of that school or, in the case of a school maintained by an education and training board, that board;

“relevant employer”, in relation to a school, means the board of that school;

“school” means a recognised school;

“school for children of EU staff” means a school, or a section of a school—

(a) established for the purpose of discharging, or

(b) operating in practice by arrangement to discharge,

an obligation to staff of EU institutions.

4. A person who is not a registered teacher for a reason other than that he or she is suspended or removed from the register under Part 5 of the Act of 2001 may be employed in the place of a registered teacher in a school and be remunerated, in respect of such employment, out of monies provided by the Oireachtas, where—

(a) the relevant employer has made all reasonable efforts to appoint a registered teacher to the position in question in accordance with the procedures determined by the Minister pursuant to section 24(11) of the Act of 1998, and

(b) a registered teacher is not available to take up the said position.

5. The relevant employer shall be satisfied that a person employed in accordance with Regulation 4 is competent and capable of acting in the place of a registered teacher in the school. In the case of a position in a school for children of EU staff, such person shall also be a native speaker of the language in which he or she is employed to teach.

6. A person employed in accordance with Regulation 4 shall be paid at the unqualified rate of pay determined from time to time by the Minister...

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