Part 8Teachers

Health and fitness

I1I2141 Health and fitness

1

Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.

2

This section applies to an activity of a prescribed kind performed in the course of the provision of education at—

a

a school, or

b

a further education institution.

3

This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—

a

otherwise than in a school or a further education institution, and

b

under a contract of employment or for services where the other party is a F2local authority or a person exercising a function relating to the provision of education on behalf of a F2local authority.

4

This section also applies to an activity of a prescribed kind (other than the provision of education) where—

a

the activity is carried out by a person under a contract of employment or for services,

F1b

the other party to the contract is—

i

a local authority which entered into the contract for purposes connected with any of their education functions,

ii

the governing body of a school, or

iii

a further education institution,

c

the activity regularly brings the person into contact with children.

5

In this section—

  • “child” means a person who has not attained the age of 18 years,

  • “education” includes vocational, social, physical and recreational training,

  • “further education institution” has the meaning given by section 140, and

  • “school” means—

    1. a

      a school maintained by a F2local authority, or

    2. b

      a special school not so maintained.