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The Teachers' Pensions Regulations 2010
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Changes and effects yet to be applied to Schedule 7 Paragraph 4:
- Sch. 7 para. 4(3)(d) words inserted by S.I. 2012/673 reg. 13
- Regulations restricted by S.I. 2023/871 reg. 30
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 2 Pt. 1 para. 2(aa) inserted by S.I. 2012/979 Sch. para. 28(2)(b)
- Sch. 2 para. 2(ab) inserted by S.I. 2014/2651 reg. 22(a)
- Sch. 2 para. 26 inserted by S.I. 2014/2651 reg. 22(b)
- Sch. 2 Pt. 1 para. 14A inserted by S.I. 2014/424 reg. 7
- Sch. 2 para. 22(m) inserted by S.I. 2019/1134 reg. 14
- Sch. 2 para. 3A inserted by S.I. 2021/805 reg. 10(b)
- Sch. 2 para. 2(ab) inserted by S.I. 2014/2651, reg. 22(a) (as substituted) by S.I. 2021/805 reg. 2(2)
- Sch. 2 para. 26 inserted by S.I. 2014/2651, reg. 22(b) (as substituted) by S.I. 2021/805 reg. 2(2)
- Sch. 2 Pt. 1 para. 6(a) substituted by S.I. 2019/1027 reg. 33
- Sch. 3 para. 2(2)-(7) and table substituted for Sch. 3 para. 2(2) by S.I. 2014/2651 reg. 23(a)
- Sch. 5 para. 5(aa) inserted by S.I. 2019/1134 reg. 16(1)(c)(i)
- Sch. 5 para. 7(1A) inserted by S.I. 2019/1134 reg. 16(1)(d)(ii)
- Sch. 5 para. 9(ba) inserted by S.I. 2019/1134 reg. 16(1)(e)(i)
- Sch. 6 Pt. 1 para. 10A inserted by S.I. 2011/614 Sch. 2 para. 13(3)
- Sch. 7 para. 4(2A) inserted by S.I. 2017/1084 reg. 7(b)
- Sch. 7 para. 12(3A) inserted by S.I. 2017/1084 reg. 7(c)
- Sch. 7 para. 6(1A) inserted by S.I. 2019/1134 reg. 17(b)
- Sch. 8 para. 1(2)(h)(ia)(ib) inserted by S.I. 2019/1458 Sch. 3 para. 115(3)(a)(iii)
- Sch. 8 para. 1(1)(e) substituted by S.I. 2021/805 reg. 13(2)
- Sch. 8 para. 1(1)(b)(ba) substituted for Sch. 8 para. 1(1)(b) by S.I. 2019/1458 Sch. 3 para. 115(3)(a)(ii)
- Sch. 13 para. 8 8A substituted for Sch. 13 para. 8 by S.I. 2014/2651 reg. 29(a)
- reg. 2A 2B inserted by S.I. 2014/560 Sch. 3 para. 17
- reg. 2A omitted by S.I. 2019/1134 reg. 6
- reg. 2A(1) words substituted by S.I. 2014/3061 Sch. 1 para. 11(2)
- reg. 2B omitted by S.I. 2019/1134 reg. 6
- reg. 2C inserted by S.I. 2014/3061 Sch. 1 para. 11(2)(4)
- reg. 6(1A) inserted by S.I. 2012/2270 reg. 3(a)
- reg. 6(2A) inserted by S.I. 2012/2270 reg. 3(b)
- reg. 6(3A) inserted by S.I. 2012/2270 reg. 3(c)
- reg. 9(4)(c) and word inserted by S.I. 2014/424 reg. 4(b)
- reg. 13(7A) inserted by S.I. 2021/805 reg. 6(6)
- reg. 13A inserted by S.I. 2021/805 reg. 7
- reg. 14A-14H inserted by S.I. 2014/424 reg. 5
- reg. 14A(5) word substituted by S.I. 2014/2651 reg. 5
- reg. 14F(c) words omitted by S.I. 2014/2651 reg. 6(b)
- reg. 14F(c) words substituted by S.I. 2014/2651 reg. 6(a)
- reg. 17(3A) inserted by S.I. 2014/2651 reg. 8(b)
- reg. 17(12)(13) substituted for reg. 17(12) by S.I. 2014/2651 reg. 8(c)
- reg. 27(3) inserted by S.I. 2021/805 reg. 8
- reg. 30(1)(d) and word inserted by S.I. 2014/2651 reg. 9
- reg. 64-64D substituted for reg. 64 by S.I. 2014/2651 reg. 15
- reg. 64B modified by S.I. 2015/601 reg. 31(5)(a)
- reg. 83(3A) inserted by S.I. 2017/1084 reg. 5
- reg. 85(3A) inserted by S.I. 2017/1084 reg. 6
- reg. 87A inserted by S.I. 2019/1134 reg. 8
- reg. 129(2A) inserted by S.I. 2011/614 Sch. 2 para. 10(3)
4.—(1) A person (P) does not fall within paragraph 3 if Condition A or Condition B applies.E+W+S
(2) Condition A applies if a death grant may be paid under regulation 83 (death grant: death in service) or 85 (death grant: death out of service) on P's death (because P dies before payment of an ill-health pension is initiated).
(3) Condition B applies if—
(a)a direction under section 142 of EA 2002 given on a ground mentioned in subsection (4)(a), (b) or (c) of that section has effect in respect of P,
(b)the Secretary of State is considering giving such a direction in respect of P,
(c)P is included, or is being considered for inclusion, in any of the lists mentioned in sub-paragraph (5), or
(d)the General Teaching Council for England M1 or the General Teaching Council for Wales M2 makes, or is considering making, a prohibition order in relation to P on the grounds of unacceptable professional conduct or that P has been convicted of a relevant offence.
(4) But Condition B does not apply if the Secretary of State determines that the only reason for the direction or the direction being considered, for including, or considering including, P in any of the lists; or for making, or considering making, a prohibition order is unrelated to P's culpable behaviour.
(5) The lists are—
(a)the children's barred list (established under section 2(1)(a) of SVGA 2006);
(b)a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(2)(b) of SVGA 2006 as corresponding to the children's barred list;
(c)the adults' barred list (established under section 2(1)(b) of SVGA 2006);
(d)a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(3)(b) of SVGA 2006 as corresponding to the adults' barred list.
(6) In this paragraph “prohibition order”, “relevant offence” and “unacceptable professional conduct” have the same meanings as in Schedule 2 to the Teaching and Higher Education Act 1998.
Marginal Citations
M1The General Teaching Council for England was established pursuant to section 1 of the Teaching and Higher Education Act 1998 (c.30).
M2The General Teaching Council for Wales was established pursuant to section 8 of the Teaching and Higher Education Act 1998 and S.I. 1998/2940.
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