{
  "url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004/note",
  "json_url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004/note.json",
  "legislation": "wsi/2004/2733",
  "legislation_title": "The Education (Health Standards) (Wales) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations set out, for the purposes of section 141 of the Education Act 2002, the activities which a person can carry out only if he or she has the health or physical capacity to do so. The Regulations apply to a person providing education at a school, at a further education institution or elsewhere under a contract with an LEA (or with a person exercising functions on behalf of an LEA). They also apply where a person is working under a contract for an LEA or governing body of a school or further education institution, other than in the provision of education, but in work which brings the person regularly into contact with children. The prescribed activities are as follows:—\n(a) planning and preparing lessons and courses for children;\n(b) delivering lessons to children;\n(c) assessing the development, progress and attainment of children;\n(d) reporting on the development, progress and attainment of children;\n(e) an activity which assists or supports teaching;\n(f) supervising, assisting and supporting a child;\n(g) an administrative or organisational activity which supports the provision of education; and\n(h) an activity which is ancillary to the provision of education.\nA person who is in receipt of a retirement pension on the grounds of ill health is to be treated as not having the health or physical capacity to carry out the first four activities in the above list, which are teaching activities. However, provided such a person has the health or physical capacity to do so, he or she can carry out the final four activities in the list. The restriction on those in receipt of an ill health retirement pension does not apply to a person who was entitled to such a pension before 1 April 1997 and who works part-time.\nThe Regulations also set out how questions as to whether a person engaged to carry out an activity has the health or physical capacity to do so are to be determined. This includes offering the person the opportunity to submit medical evidence and to make representations and the arranging of medical examinations.\nThese Regulations revoke and replace the provisions of the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 relating to health and mental and physical capacity.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2004/2733/note",
    "retrieved_at": "2026-10-29T00:07:46.572019+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}