B5.—(1) In pursuance of paragraph 2 of Schedule 2, subject to paragraph (6) and regulations B6 to B9, a teacher is in pensionable employment while employed in a school which is an accepted school for the purposes of this regulation.
(2) For the purpose of this regulation–
(a)“accepted school” means an independent school which–
(i)immediately before the date on which these Regulations come into force was accepted under regulation B4 of the 1992 Regulations(1); or
(ii)being registered, and being the subject of a relevant application by its governing body or proprietor, is accepted by the Scottish Ministers as able to meet the requirements placed upon an employer under Part H to pay employers' contributions;
(b)“registered” means registered in the register of independent schools in accordance with Part V of the Education (Scotland) Act 1980; and
(c)“proprietor” has the meaning assigned to it by section 135 of the Education (Scotland) Act 1980 and includes a person who, by reason of holding any office or having any interest in a company by which the school is conducted, is substantially in the position of a proprietor.
(3) Notwithstanding the provisions of paragraph (2) the Scottish Ministers may, in such case as they think appropriate, accept under the provisions of this regulation an independent school which is for the time being only provisionally registered.
(4) The date on which an independent school becomes an accepted school under paragraph (2)(a)(ii) shall, unless an alternative date is agreed by the Scottish Ministers and the governing body or proprietor thereof, be the 1st September preceding acceptance of the application.
(5) An accepted school shall cease to be an accepted school on such a day as is specified in a notice in writing sent by the Scottish Ministers to the governing body or proprietor of the school on or after any of the following events–
(a)the receipt by the Scottish Ministers of an application by the governing body or proprietor that the school shall cease to be an accepted school;
(b)the school ceasing to be registered;
(c)any default by the governing body or proprietor in the payment of contributions, whether under these Regulations or under the Teachers' Superannuation (Additional Voluntary Contributions) (Scotland) Regulations 1995(2);
(d)failure by the governing body or proprietor to comply within one month with any requirement of the Scottish Ministers to make any report or return, give any information or produce any document, under regulation J4;
(e)failure by the governing body or proprietor to comply with any other provision of the Regulations relating to the employment of teachers in reckonable service;
(f)the closure of the school.
(6) The service of a teacher in an accepted school shall not be pensionable employment if–
(a)the teacher is a proprietor thereof; or
(b)paragraph (2)(a)(i) applies to the school and the teacher’s employment therein immediately before the date on which these Regulations come into force was not reckonable service.
Regulation B4 was amended by S.I. 1997/676 and 1999/446.
S.I. 1995/2814, to which there are amendments not relevant to these Regulations.