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The Education (Restriction of Employment) (Wales) Regulations 2000

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Interpretation

2.—(1) Except where the context otherwise requires, in these Regulations—

(a)“further education” (“addysg bellach”) has the meaning given to it by section 2(3) and (5) of the Education Act 1996(1);

(b)“further education institution” (“sefydliad addysg bellach”) means an institution, not being a school, which provides further education (whether or not it also provides higher education) and either—

(i)is maintained by a local education authority; or

(ii)is an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992(2));

(c)“higher education” (“addysg uwch”) means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

(d)“school” (“ysgol”) means a school maintained by a local education authority, or a special school(3) not so maintained; (e) “worker with children or young persons” (“gweithiwr gyda phlant neu bersonau ifanc”) means a person, employed –

(i)by a local education authority, or

(ii)by the governing body of a school or institution falling within section 218(10) or (11) of the Education Reform Act 1988(4),

in work, otherwise than as a teacher, which brings that person regularly into contact with persons who have not attained the age of 19 years.

(2) Any reference in these Regulations to relevant employment is a reference to employment—

(a)by a local education authority, as a teacher (whether or not at a school or further education institution) or as a worker with children or young persons;

(b)by any other body, as a teacher at a school or further education institution;

(c)by the governing body of a school or further education institution as a worker with children or young persons;

(d)by the proprietor of an independent school, as a teacher or worker with children or young persons; and

(e)at an independent school, as a teacher or worker with children or young persons.

(3) For the purposes of these Regulations, employment includes the engagement of a person to provide his or her services as a teacher otherwise than under a contract of employment and references to employment or relevant employment shall be construed accordingly.

(3)

For the definition of “special school” see sections 6(2) and 337 of the Education Act 1996, as amended by, respectively, paragraphs 60 and 80 of Schedule 30 to the School Standards and Framework Act 1998.

(4)

Section 218(10) and (11) is amended by section 93 of, and paragraph 49 of Schedule 8 and Schedule 9 to, the Further and Higher Education Act 1992.

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