Regulation 3 Amendment of Principal Regulations

After regulation A2 there shall be inserted the following regulation—

“Meaning of “employer” in certain cases

A3

(1)

Except as provided in paragraph (2), for the purposes of these regulations a local education authority is deemed to be the employer of every person employed in, or in connection with, a school maintained by it other than a person who—

(a)

is employed by an Education Action Forum (except where the person is so employed by virtue of the Forum discharging any function of the governing body of the school under section 12(2)(b) of the School Standards and Framework Act 1998^f1); or

(b)

is in the employment of an employment business.

(2)

However for the purposes of regulations C4(3), G6 and G8(2) to (4) the local education authority and the governing body of the school are the employer of a person who falls within paragraph (1) and where either such body has made an election under regulation C4(3), G6 or G8(2) to (4) the obligation to pay contributions pursuant to that election under regulation G8(1), G7(1)(c) or G8(5), as the case may be, shall fall on the body which made the election.

(3)

In this regulation “employment business” has the same meaning as in section 13(3) of the Employment Agencies Act 1973^f2.”.