Regulation 111 No entitlement to ill-health pension

(1)

A member (P) is not entitled to payment of an ill-health pension—

(a)

in respect of any pensionable service after P reaches normal pension age; or

(b)

if paragraph (2) applies.

(2)

This paragraph applies if—

(a)

P is included, or is being considered for inclusion, in any of the lists mentioned in paragraph (3), or

(b)

the General Teaching Council for Northern Ireland M1 or the Department has prohibited, or is considering prohibiting P from teaching on the grounds of misconduct or that P has been convicted of a relevant offence.

(3)

The lists are—

(a)

the children's barred list (established under Article 6(1)(a) of the 2007 Order);

(b)

a list maintained under the law of England and Wales or Scotland which the Department specifies by order under Article 6(2)(b) of the 2007 Order as corresponding to the children's barred list;

(c)

the adults' barred list (established under Article 6(1)(b) of the 2007 Order);

(d)

a list maintained under the law of England and Wales or Scotland which the Department specifies by order under Article 6(3)(b) of the 2007 Order as corresponding to the adults' barred list.

(4)

In this regulation—

“relevant offence” in relation to a teacher means—
1. (a)
  in the case of a conviction in the United Kingdom, a criminal offence other than one having no material relevance to their fitness to be a teacher;
2. (b)
  in the case of a conviction elsewhere, an offence which if committed in the United Kingdom would constitute such an offence mentioned in sub-paragraph (a);
“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 M2.

Annotations

Marginal citations

M1: The General Teaching Council for Northern Ireland was established pursuant to Article 34 of the Education (Northern Ireland) Order 1998/1759 (N.I. 13).
M2: SI 2007/1351 (N.I. 11).