Regulation 4 Meaning of references to operating dayI1

In these Regulations “operating day” means, in relation to an institution, a day on which the institution is open for providing facilities for education or in connection with the provision of such facilities.

The following provisions of this regulation apply for the purposes of determining the extent to which an operating day is to be counted when calculating for the purposes of these Regulations a period of operating days or whether a period consists of a specified number of operating days.

An operating day is not to be counted unless it is a day on which the person concerned is required to work under the terms of the person’s contract of employment or terms of engagement.

Where, in the case of a person who is in part-time employment, the person is required to work for no less time on a particular day than the person would have been if employed to work full-time, the whole day is to be counted.

Where, in the case of a person who is in part-time employment on a particular day, the person is only required to work for a part of the time that the person would have been required to work if employed full-time, only that part of the day counts as determined in accordance with paragraph (6).

In a case falling within paragraph (5) the amount that the part of the day represents is A/ B where—

• A is the amount of time (rounded up to the nearest hour) that the person is required to work on the particular day, and

• B is the amount of time (rounded up to the nearest hour) that the person would be required to work on that day if contracted or engaged to work full-time.