B7.—(1) Subject to paragraphs (5) and (6), a teacher who has made an election under regulation B6, who has since been in excluded employment and who–
(a)is in excluded employment; or
(b)is not in, but expects to enter, employment which is excluded employment by virtue of an election previously made under regulation B6,
may, at any time, by giving written notice to the Secretary of State, make an election under this regulation.
(2) As from the date on which the election has effect, subject to regulation B6, any excluded employment on or after that date is pensionable employment.
(3) Where paragraph (1)(a) applies, an election under this regulation has effect from the first day of the pay period following that in which the notice was received by the Secretary of State.
(4) Where paragraph (1)(b) applies, an election under this regulation has effect–
(a)if the notice is received by the Secretary of State before or during the first pay period after commencing employment, from the date on which the teacher became so employed; and
(b)in any other case, from the first day of the pay period following that in which the notice was received by the Secretary of State.
(5) If after making an election under this regulation a teacher makes a further election under regulation B6 above, he may make a further election under this regulation only if, since the further election was made under regulation B6, there has been a period of not less than 5 years during which the teacher was not in any excluded employment.
(6) For the purposes of this regulation the Secretary of State may in a particular case–
(a)accept an election where the period specified in paragraph (5) is less than 5 years; or
(b)refuse to accept an election where the teacher is on sick leave.
(7) An election made under regulation 4B of the 1977 Regulations(1) is to be treated as having been made under this regulation.
Regulation 4B was inserted by S.I. 1989/666.