The Teachers’ Pensions etc. (Reform Amendments) Regulations (Northern Ireland) 2007

Employment in an accepted school

2.  After regulation B2 insert—

“Employment in an accepted school

B2A.— (1) A person employed in an accepted school is not in pensionable employment if he has any financial interest in it other than a right to a salary.

(2) Subject to paragraph (7), a school is an accepted school if the Department has accepted it for the purposes of this regulation.

(3) A school that may be accepted is an independent school within the meaning of Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986(1), and registered under Article 38 of that Order.

(4) A school may only be accepted if its governing body has made a written application to the Department.

(5) A school may be accepted only where there is in force a guarantee, indemnity or bond in a form and amount and provided by a person approved by the Department which provides for payment to the Department of all liabilities of the school under these Regulations or under the 1996 Regulations should the school fail to meet them.

(6) No school need be accepted, but if a school is accepted its acceptance takes effect as from a date to be agreed between the Department and its governing body, which must be the first day of a month later than that in which the application was made.

(7) A school 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 Department.

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

(a) the school ceases to be registered as mentioned in paragraph (3), or

(b) its governing body—

(i) has made a written application to the Department for the school to cease to be an accepted school, or

(ii) has failed to pay or remit contributions (whether under these Regulations or under the 1996 Regulations) to the Department, or

(iii) has failed to comply with regulation H2 (records and information) or any other provision of these Regulations relating to pensionable employment.

(9) Paragraphs (4) to (7) apply to a school which had previously ceased to be an accepted school as they apply to a school which has not previously been an accepted school.

(10) In this regulation—

(a) “governing body” includes any person by whom teachers are employed,

(b) “the 1996 Regulations” means The Teachers’ Superannuation (Additional Voluntary Contributions) Regulations (Northern Ireland) 1996.”.

(1)

The Education and Libraries (Northern Ireland) Order 1986 (S.I. 1996/594 (N.I. 3)) as amended by Article 30 of S.I. 1996/274 (N.I. 1)