No entitlement to ill-health pensionE+W
111.—(1) A member (P) is not entitled to payment of an ill-health pension—
(a)in respect of any pensionable service after P reaches normal pension age; or
(b)if paragraph (2) applies.
(2) This paragraph applies if—
(a)a direction under section 142 of EA 2002 given on a ground mentioned in subsection (4)(a), (b) or (c) of that section has effect in respect of P,
(b)the Secretary of State is considering giving such a direction in respect of P,
(c)P is included, or is being considered for inclusion, in any of the lists mentioned in paragraph (4), or
(d)the General Teaching Council for Wales M1 or the Secretary of State has made, or the General Teaching Council for Wales or the Secretary of State makes, or is considering making, a prohibition order in relation to P on the grounds of unacceptable professional conduct or that P has been convicted of a relevant offence.
(3) But paragraph (2) does not apply if the Secretary of State determines that the only reason for the direction or the direction being considered, for including, or considering including, P in any of the lists; or for making, or considering making, a prohibition order is unrelated to P's culpable behaviour.
(4) The lists are—
(a)the children's barred list (established under section 2(1)(a) of SVGA 2006);
(b)a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(2)(b) of SVGA 2006 as corresponding to the children's barred list;
(c)the adults' barred list (established under section 2(1)(b) of SVGA 2006);
(d)a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order under section 3(3)(b) of SVGA 2006 as corresponding to the adults' barred list.
(5) In this regulation—
“prohibition order”, “relevant offence” and “unacceptable professional conduct” have the same meanings as in Schedule 2 to the Teaching and Higher Education Act 1998 M2; and
“SVGA 2006” means the Safeguarding Vulnerable Groups Act 2006 M3.