The Education (Health Standards) (Wales) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/2733 |
| Year | 2004 |
2004 No. 2733 (W.240)
EDUCATION, WALES
The Education (Health Standards) (Wales) Regulations 2004
Made 19th October 2004
Coming into force 31th October 2004
The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by sections 141 and 210(7) of the Education Act 20021.
Name, commencement and application
1. These Regulations are called the Education (Health Standards) (Wales) Regulations 2004 and come into force on 31 October 2004.
These Regulations apply in relation to Wales.
2. These Regulations apply in relation to Wales.
Interpretation
3. In these Regulations —
“the 2002 Act” (“Deddf 2002”) means the Education Act 2002;
“employer” (“cyflogwr”) includes a person who engages another person to provide services otherwise than under a contract of employment;
“part-time” (“rhan-amser”) means not more than two and a half normal working days, or an equivalent period, in any working week;
“relevant activity” (“gweithgaredd perthnasol”) means an activity of the kind prescribed by regulation 5(1)(a) to (h); and
“teaching” (“addysgu”) means carrying out any activity of the kind prescribed by regulation 5(1)(a) to (d), and “to teach” is to be construed accordingly.
Revocations
4. Regulations 5, 6 and 7 of the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 19992are revoked.
Prescribed activities
5.—(1) Each of the following kinds of activity is prescribed for the purposes of section 141 of the 2002 Act —
(a)
(a) planning and preparing lessons and courses for children;
(b)
(b) delivering lessons to children;
(c)
(c) assessing the development, progress and attainment of children;
(d)
(d) reporting on the development, progress and attainment of children;
(e)
(e) an activity which assists or supports teaching;
(f)
(f) supervising, assisting and supporting a child;
(g)
(g) an administrative or organisational activity which supports the provision of education; and
(h)
(h) an activity which is ancillary to the provision of education.
(2) In paragraph (1)(b) “delivering” includes delivery via distance learning or computer aided techniques.
Health standards
6.—(1) A relevant activity may only be carried out by a person if, having regard to any duty of the employer under Part II of the Disability Discrimination Act 19953, the person has the health or physical capacity to carry out that activity.
(2) Subject to paragraph (3), a person who is in receipt of a retirement pension by virtue of regulation E4(4) of the Teachers' Pensions Regulations 19974(ill health retirement) is not to be regarded as having the health or physical capacity for teaching.
(3) Paragraph (2) does not apply to a person appointed on a part-time basis to teach if the person’s entitlement to receive such pension, as therein described, took effect before 1 April 1997.
(4) Where any question arises as to whether a person who has been engaged to carry out a relevant activity has the health or physical capacity to do so, that question is to be determined in accordance with regulation 7.
Determinations as to health or physical capacity
7.—(1) Any such question as is referred to in regulation 6(4) is to be determined by the employer who, in order to do so —
(a)
(a) must afford the person an opportunity to submit medical evidence and...
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