The Teachers' Pension Scheme Regulations 2014

Meaning of “accepted school” E+W

2.—(1) An establishment is an accepted school if—

(a) immediately before 1st April 2015 it was an accepted school under regulation 13 of TPR 2010; or

(b) the scheme manager accepts it for the purpose of this paragraph by giving its proprietor a written notice specifying the date on which it becomes an accepted school.

(2) An establishment may be accepted only if—

(a) it is an establishment mentioned in sub-paragraph (3);

(b) its proprietor applies in writing to the scheme manager; and

(c) a guarantee is provided to the scheme manager.

(3) The establishments are—

(a) an independent school (in England) registered under section 99 of the Education and Skills Act 2008 M1 or (in Wales) registered under section 161 of EA 2002;

(b) an establishment providing further education constituted by an amalgamation of establishments—

(i) which provided further education before the amalgamation; and

(ii) of which at least one was an accepted school;

(c) a school which is a member of COBIS and is located in a member State M2 other than the United Kingdom;

(d) the establishment which, when teachers were employed there for the purpose of the Ministry of Defence, was known as Welbeck, the Defence Sixth Form College.

(4) The date on which an establishment becomes an accepted school is a date agreed by the scheme manager and the proprietor as follows—

(a) for an establishment mentioned in sub-paragraph (3)(a), (c) or (d), the first day of a month after the month in which the establishment applies to be an accepted school; or

(b) for an establishment mentioned in sub-paragraph (3)(b), the date of the amalgamation.

(5) An establishment accepted by the scheme manager ceases to be an accepted school from the date specified in a written notice given to its proprietor by the scheme manager.

(6) A notice under sub-paragraph (5) may be given if—

(a) the proprietor of the establishment makes a written application to the scheme manager;

(b) the proprietor fails to comply with any provision of these Regulations or of TSAVCR 1994;

(c) the establishment ceases to be an establishment mentioned in sub-paragraph (3);

(d) where a guarantee was previously provided to the scheme manager, either the guarantee lapses, or because of a change in circumstances, the scheme manager considers that the guarantee is insufficient;

(e) where the proprietor of the establishment is an individual or a number of individuals, that individual or one of those individuals is an undischarged bankrupt or is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to IA 1986 M3 ; or

(f) where the proprietor of the establishment is a company—

(i) a proposal for a voluntary arrangement has been made or approved in relation to the company under Part 1 of IA 1986;

(ii) an administration application has been made or a notice of intention to appoint an administrator has been filed with the court or an administrator has been appointed for the company under Schedule B1 to IA 1986 M4 ;

(iii) a receiver, manager or administrative receiver has been appointed for the company under Part 3 of IA 1986;

(iv) a winding-up petition has been presented, a winding-up order has been made or a resolution for voluntary winding-up has been passed in relation to the company under Part 4 or 5 of IA 1986; or

(v) notice has been received that the company may be struck off the register of companies or an application to strike it off has been made under Part 31 of CA 2006.

(7) The proprietor of an accepted school must immediately give written notice to the scheme manager if—

(a) there is a change of proprietor; or

(b) any of the events mentioned in sub-paragraph (6)(e) or (f) occurs.

Marginal Citations

M1 2008 c.25

M2 See Part 2 of Schedule 1 of the European Communities Act 1972 (c.68) for the meaning of “member State”.

M3 Schedule 4A was inserted by the Enterprise Act 2002 (c.40), Schedule 20.

M4 Schedule B1 was inserted by the Enterprise Act 2002 (c.40), Schedule 16.