Regulation 6 Health standards
A relevant activity may only be carried out by a person if, having regard to any duty of the employer under Part II of the Disability Discrimination Act 1995f1, the person has the health or physical capacity to carry out that activity.
Subject to paragraph (3), a person who is in receipt of a retirement pension by virtue of regulation E4(4) of the Teachers' Pensions Regulations 1997f2 (ill health retirement) is not to be regarded as having the health or physical capacity for teaching.
Paragraph (2) does not apply to a person appointed on a part-time basis to teach if the person’s entitlement to receive such pension, as therein described, took effect before 1 April 1997.
Where any question arises as to whether a person who has been engaged to carry out a relevant activity has the health or physical capacity to do so, that question is to be determined in accordance with regulation 7.