Regulation 2 Amendment of the Education (Teachers) Regulations 1993

by the insertion at the beginning of paragraph (1) of the words “Subject to paragraph (3),”; and

by the addition of new paragraphs as follows:

“(3)

A person who is in receipt of a retirement pension by virtue of regulation E4(6) of the Teachers’ Superannuation (Consolidation) Regulations 1988^f2 (ill health retirement) shall not 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, save that a person whose entitlement to such pension took effect before 1st April 1997 may be so appointed or engaged to serve part-time.

(4)

Nothing in paragraph (3) 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.”.