Education Act 2002 (c. 32)

Part 8 E+W Teachers

Health and fitness E+W

141 Health and fitness E+W

(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 [F1 local authority] or a person exercising a function relating to the provision of education on behalf of a [F1 local 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,

[F2 (b) the other party to the contract is—

(i) a local authority which entered into the contract for purposes connected with any of their education functions,

(ii) the governing body of a school, or

(iii) a further education institution,]

(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 [F1 local authority], or

  (b)

  a special school not so maintained.

Textual Amendments

F1 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(2)

F2 S. 141(4)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 11(9)

Commencement Information

I1 S. 141 partly in force; s. 141 not in force at Royal Assent, see s. 216; s. 141 in force for W. at 19.12.2002 by S.I. 2002/3185, art. 4, Sch. Pt. I

I2 S. 141 in force at 1.8.2003 except in relation to W. by S.I. 2003/1667, art. 3