2. Regulation 8 of the Education (Teachers) Regulations 1993(1) shall be amended—
(a)by the insertion at the beginning of paragraph (1) of the words “Subject to paragraph (3),”; and
(b)by the addition of new paragraphs as follows:
“(3) A person who is in receipt of a retirement pension by virtue of regulation E4(6) of the Teachers’ Superannuation (Consolidation) Regulations 1988(2) (ill health retirement) shall not be regarded as having the health and physical capacity to be appointed to relevant employment or to be engaged to provide his services as a teacher at a school or further education institution otherwise than under a contract of employment, save that a person whose entitlement to such pension took effect before 1st April 1997 may be so appointed or engaged to serve part-time.
(4) Nothing in paragraph (3) prevents the appointment or engagement of a person who has ceased to be incapacitated and whose retirement pension has for that reason ceased to be payable.”.
S.I. 1988/1652; the relevant amending instrument is S.I. 1997/312.