Regulation B4 Employment in accepted school

(1)

Subject to paragraph (2) and regulations B5 to B7, a person is in pensionable employment while he is in full-time employment as a teacher in an accepted school.

(2)

A person employed in an accepted school is not in pensionable employment if—

(a)

he has any financial interest in the establishment other than a right to a salary unrelated to its profits or its other performance as an economic enterprise, or

(b)

the establishment is an accepted school by virtue of paragraph (3)(a) and immediately before 1st November 1988 his employment in it was not pensionable employment.

(3)

Subject to paragraph (7), an establishment is an accepted school if—

(a)

immediately before 1st November 1988 it was an accepted school for the purposes of regulation 6 of the 1976 Regulations, or

(b)

the Secretary of State has accepted it for the purposes of this regulation.

(4)

The establishments that may be accepted are—

(a)

an independent school finally registered under section 70 of the Education Act 1944^f1,

(b)

an independent school provisionally registered under that section which had been a school of a kind mentioned in paragraph 1, 2 or 3 of Schedule 2,

(c)

an independent school provisionally registered under that section which was constituted by an amalgamation of schools of which at least one was an accepted school, and

(d)

an establishment of further education constituted by an amalgamation of such establishments of which at least one was an accepted school.

(5)

An establishment may only be accepted if its governing body have made a written application to the Secretary of State.

(6)

No establishment need be accepted, but if an establishment is accepted its acceptance takes effect—

(a)

where paragraph (4)(b) applies, as from the date of provisional registration, and

(b)

in any other case, as from a date to be agreed between the Secretary of State and the governing body, which must be—

(i)

the first day of a month later than that in which the application was made, or

(ii)

if the establishment was constituted by an amalgamation, either the first day of such a month or the date of the amalgamation.

(7)

An establishment which has become an accepted school ceases to be one from the date specified in a written notice given to its governing body by the Secretary of State.

(8)

Notice for the purposes of paragraph (7) may be given—

(a)

in the case of an independent school, if it ceases to be a registered or provisionally registered school within the meaning of section 70 of the Education Act 1944, or

(b)

in the case of an establishment of further education or a nursery school, if—

(i)

it ceases to be one, or

(ii)

it employs as a teacher a person whom it would have been precluded from employing if regulations for the time being in force under section 27 of the Education Act 1980^f2 had applied, or

(c)

in any case, if the governing body—

(i)

have made a written application to the Secretary of State for the establishment to cease to be an accepted school, or

(ii)

have failed to pay or remit contributions to the Secretary of State, or

(iii)

have failed to comply with regulation H3 (records and information) or any other provision of these Regulations relating to pensionable employment.

(9)

Paragraphs (5) to (8) apply to an establishment which had previously ceased to be an accepted school as they apply to an establishment which has not previously been an accepted school.

(10)

In this regulation “governing body” includes any person by whom teachers are employed.

Annotations

Footnotes

f1: 1944 c. 31; section 70 was amended by the Education Act 1980 (c. 20), section 34.
f2: 1980 c. 20.