Amendment of the Teachers' Pensions Regulations 1997
5.—(1) Regulation B3 shall be amended as follows.
(2) For paragraph (3) substitute the following—
“(3) The establishments that may be accepted are—
(a)an independent school registered under section 161 of the 2002 Act,
(b)an establishment which provides further education constituted by an amalgamation of establishments which provided such education of which at least one was an accepted school, and
(c)a school which is a member of COBISEC and is located in a member state of the European Union (other than the United Kingdom).”.
(3) After paragraph (4) insert the following—
“(4A) An establishment may only be accepted where there is in force a guarantee, indemnity or bond in a form and amount and provided by a person approved by the Secretary of State which provides for payment to the Secretary of State of all liabilities of the establishment under these Regulations or under the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994(1) should the establishment fail to meet them.”.
(4) For paragraph (5) substitute the following—
“(5) No establishment need be accepted, but, if an establishment is accepted, its acceptance takes effect as from a date to be agreed between the Secretary of State and the governing body, which must be—
(a)the first day of a month later than that in which the application was made, or
(b)if the establishment was constituted by an amalgamation, either the first day of such a month or the date of the amalgamation.”.
(5) In paragraph (7)(a) omit “or provisionally registered” and for “section 465 of the 1996 Act” substitute “section 161 of the 2002 Act”.
(6) For paragraph (7)(b)(ii) substitute the following—
“(ii)it uses a person to carry out work to which section 142 of the 2002 Act applies in contravention of a direction given under section 142(1) of that Act.”.
(7) In paragraph 7(c)(iii) for “employment.” substitute “employment, or”.
(8) After paragraph 7(c) insert the following—
“(d)in the case of an establishment accepted under paragraph 3(c), if it ceases to be a member of COBISEC.”.