Explanatory note
(This note is not part of the Regulations)
Regulation 2 of these Regulations comes into force on 1st April 1997 and amends regulation 8 of the Education (Teachers) Regulations 1993 (“the 1993 Regulations”). It provides that a person in receipt of an ill-health retirement pension under the Teachers’ Superannuation (Consolidation) Regulations 1988 is not, with one exception, to be regarded as having the health and physical capacity to be appointed to relevant employment or to be engaged to provide his services as a teacher at a school or further education institution otherwise than under a contract of employment.
“School” is defined in the 1993 Regulations as a school maintained by a local education authority, a special school not so maintained or a grant-maintained school. “Further education institution” is there defined as an institution, not being a school, which provides further education and is either maintained by a local education authority or is within the further education sector.
Relevant employment is defined in the 1993 Regulations as employment:
by a local education authority, as a teacher (whether or not at a school or further education institution) or as a worker with children or young persons;
by any other body, as a teacher at a school or further education institution; or
by the governing body of a school or further education institution as a worker with children or young persons.
Nothing in regulation 2 prevents the appointment or engagement of a person who has ceased to be incapacitated and whose retirement pension has for that reason ceased to be payable.
Regulation 3 comes into force on 1st September 1997 and amends the definition of “accredited institution” in the 1993 Regulations.