Regulation 2 Presence of a teacher

(1)

The circumstances referred to in section 52A(2) of the 1992 Act shall be that a teacher is present in the room.

(2)

For the purposes of paragraph (1) a teacher means a member of the teaching staff of–

(a)

a school maintained by a local education authority;

(b)

an institution maintained or assisted by a local education authority other than a school;

(c)

a grant-maintained school (until 1st September 1999);

(d)

a grant-maintained special school (until 1st September 1999);

(e)

a city technology college;

(f)

a city college for the technology of the arts; or

(g)

a institution within the further education sector.

(3)

For the purposes of paragraph (1) a teacher shall be considered to be present in the room at a particular time even though no teacher is present if–

(a)

it would be impracticable to secure the presence of a teacher in a room at that time, and

(b)

the absence of a teacher at that time has not lasted more than five minutes.