{
  "url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004/regulation-6",
  "json_url": "https://openlegislation.uk/education-health-standards-wales-regulations-2004/regulation-6.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": "regulation/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Health standards",
  "text": "(1) 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 1995, the person has the health or physical capacity to carry out that activity.\n(2) 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 1997 (ill health retirement) is not to be regarded as having the health or physical capacity for teaching.\n(3) 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.\n(4) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1995 c. 50."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 1997/3001 as amended by S.I. 1998/2255, 1999/607, 2000/665, 2000/2431, 2000/3028, 2001/871 and 2002/3058."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2004/2733/regulation/6",
    "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."
}