OpenLegislation

Section 141 Health and fitnessI1I2

England and Wales

(1)

Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.

(2)

This section applies to an activity of a prescribed kind performed in the course of the provision of education at—

(a)

a school, or

(b)

a further education institution.

(3)

This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—

(a)

otherwise than in a school or a further education institution, and

(b)

under a contract of employment or for services where the other party is a F1local authority or a person exercising a function relating to the provision of education on behalf of a local authority.

(4)

This section also applies to an activity of a prescribed kind (other than the provision of education) where—

(a)

the activity is carried out by a person under a contract of employment or for services,

F2(b)

the other party to the contract is—

(i)

a local authority which entered into the contract for purposes connected with any of their education functions,

(ii)

the governing body of a school, or

(iii)

a further education institution,

(c)

the activity regularly brings the person into contact with children.

(5)

In this section—

  • “child” means a person who has not attained the age of 18 years,

  • “education” includes vocational, social, physical and recreational training,

  • “further education institution” has the meaning given by section 140, and

  • “school” means—

    1. (a)

      a school maintained by a local authority, or

    2. (b)

      a special school not so maintained.

Annotations

Textual amendments

F1

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F2

S. 141(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(9)

Commencement

I1

S. 141 partly in force; s. 141 not in force at Royal Assent, see s. 216; s. 141 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I2

S. 141 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3