Explanatory note

These Regulations prescribe activities for the purposes of section 141 of the Education Act 2002 – “relevant activities” – which may only be carried out by a person who has the health and physical capacity to do so. They provide that a person in receipt of a certain ill-health retirement pension will not be regarded as having the health or physical capacity to carry out some, but not all, of these relevant activities – namely those described as “teaching”. This is subject to an exception, however, that does not automatically prevent those who became entitled to receive such pension before 1st April 1997 from teaching part-time.

These Regulations also provide procedures by which an employer may conclude that a person no longer has the health or physical capacity to carry out a relevant activity.

These Regulations supersede regulations 5, 6 and 7 of the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 (S.I. 1999/2166). Some obsolete provisions have been removed and some amendments have been made to take account of changes in the law concerning teachers' qualifications and work made by sections 122, 132 and 133 of the Education Act 2002.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of businesses.