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2.—(1) The circumstances referred to in section 52A(2) of the 1992 Act shall be that a teacher is present in the room.
(2) For the purposes of paragraph (1) a teacher means a member of the teaching staff of–
(a)a school maintained by a local education authority;
(b)an institution maintained or assisted by a local education authority other than a school;
(c)a grant-maintained school (until 1st September 1999);
(d)a grant-maintained special school (until 1st September 1999);
(e)a city technology college;
(f)a city college for the technology of the arts; or
(g)a institution within the further education sector.
(3) For the purposes of paragraph (1) a teacher shall be considered to be present in the room at a particular time even though no teacher is present if–
(a)it would be impracticable to secure the presence of a teacher in a room at that time, and
(b)the absence of a teacher at that time has not lasted more than five minutes.
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