Regulation 2 Presence of a teacher necessary

(1)

The circumstances referred to in section 16A(2) of the 1986 Act and in section 89(1A) of the 1988 Act shall be that a teacher is present in the room.

(2)

For the purposes of paragraph (1) a teacher means a member of the teaching staff of—

(a)

a school maintained by a local education authority;

(b)

an institution maintained or assisted by a local education authority other than a school;

(c)

a grant-maintained school;

(d)

a city technology college; or

(e)

an institution within the further education sector.

(3)

For the purposes of paragraph (1) a teacher shall be considered to be present in the room at a particular time even though no teacher is present if—

(a)

it would be impracticable to secure the presence of a teacher in the room at that time, and

(b)

the absence of a teacher at that time has not lasted more than five minutes.