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Education Act 2002

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This is the original version (as it was originally enacted).

Health and fitness

141Health and fitness

(1)Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.

(2)This section applies to an activity of a prescribed kind performed in the course of the provision of education at—

(a)a school, or

(b)a further education institution.

(3)This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—

(a)otherwise than in a school or a further education institution, and

(b)under a contract of employment or for services where the other party is a local education authority or a person exercising a function relating to the provision of education on behalf of a local education authority.

(4)This section also applies to an activity of a prescribed kind (other than the provision of education) where—

(a)the activity is carried out by a person under a contract of employment or for services,

(b)the other party to the contract is a local education authority or the governing body of a school or a further education institution, and

(c)the activity regularly brings the person into contact with children.

(5)In this section—

  • “child” means a person who has not attained the age of 18 years,

  • “education” includes vocational, social, physical and recreational training,

  • “further education institution” has the meaning given by section 140, and

  • “school” means—

    (a)

    a school maintained by a local education authority, or

    (b)

    a special school not so maintained.

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