1.—(1) Subject to sub-paragraph (6), a school is an accepted school if the Department has accepted it for the purposes of this Part.
(2) 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 M1, and registered under Article 38 of that Order.
(3) A school may only be accepted if its governing body has made a written application to the Department.
(4) 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 Teachers' Superannuation (Additional Voluntary Contributions) Regulations (Northern Ireland) 1996 M2 (“the 1996 Regulations”) should its governing body fail to meet them.
(5) 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.
(6) 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.
(7) Notice for the purposes of sub-paragraph (6) may be given if—
(a)the school ceases to be registered as mentioned in sub-paragraph (2); 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 any provision of this Scheme relating to pensionable employment.
(8) [F1sub-paragraphs (3) to (5)] 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.
(9) In this Part “governing body” includes any person by whom teachers are employed.
Textual Amendments
F1Words in Sch. 1 para. 1(8) substituted (1.4.2015) by virtue of The Teachers’ Pensions (Miscellaneous Amendments) Regulations (Northern Ireland) 2015 (S.R. 2015/126), regs. 1, 14
Marginal Citations
M1S.I. 1996 No. 594 (N.I. 3) as amended by Article 30 of S.I. 1996 No. 274 (N.I. 1).
M2S.R. 1996 No.260 as amended by S.R. 2001 No. 149, S.R. 2003 No. 86, S.R. 2005 No. 495, S.R. 2006 No. 163 and S.R. 2007 No. 137.