Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Teachers' Pensions (Amendment No. 2) Regulations 2000 and shall come into force on 2nd October 2000.

(2) In these Regulations “the principal Regulations” means the Teachers' Pensions Regulations 1997(3).

Amendment of principal Regulations

2.  The principal Regulations shall be amended in accordance with regulations 3 to 7.

3.  In regulation A3(1)(c) from the words “within the meaning of” to the end of the paragraph there shall be substituted the words—

“within the meaning of regulation B3A(1), in connection with—

(i)the performance of the functions which it performs on behalf of,

(ii)the exercise of the functions of, or

(iii)the provision of services for the purposes of or in connection with the exercise of a function of,

the local education authority.”.

4.  In regulation B1(1)(c) for the words from “in the performance of” to the end of the paragraph there shall be substituted the words—

“within the meaning of regulation B3A(1), in connection with—

(i)the performance of the functions which it performs on behalf of,

(ii)the exercise of functions of, or

(iii)the provision of services for the purposes of or in connection with the exercise of functions of,

the local education authority.”.

5.  In regulation E4(4) for the words from “regulation 10(2) or (10)” to the end of the paragraph there shall be substituted the words—

• “regulation 5(1)(b) or (c), or regulation 9(1)(a) of the Education (Restriction of Employment) Regulations 2000(4) by reason of that person’s misconduct on the grounds mentioned in paragraph (b) (misconduct) or paragraph (c) (not a fit and proper person) of section 218 (6ZA) of the Education Reform Act 1988(5) to direct that he be not appointed to or employed in relevant employment as defined in regulation 4 of those Regulations.”.

6.  In regulation E4(8)(b), for the words “regulation 10(2) or (10) of the Education (Teachers) Regulations 1993” there shall be substituted the words “regulation 5(1)(b) or (c), or regulation 9(1)(a) of the Education (Restriction of Employment) Regulations 2000”.

7.  In Schedule 1 for the definition of “Function provider”(6) there shall be substituted the following definition—

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Teachers' Pensions Regulations 1997 (“the principal Regulations”).

The Regulations amend the definition of “Function provider” in Schedule 1 to include a body which provides services to a local education authority and by specifying the circumstances in which a body may exercise functions on behalf of a local education authority. Consequential amendments are made to regulations A3(1)(c) and B1(1)(c) of the principal Regulations (regulations 3, 4 and 7).

Amendments are made to regulation E4(4) and (8) of the principal Regulations as a consequence of the Education (Restriction of Employment) Regulations 2000 so that a teacher falling within Case C remains disentitled to retirement benefits where the Secretary of State has not informed him that his employment has not been restricted or considered for restriction by reason of misconduct (regulations 5 and 6).