The Teachers’ Pensions (Miscellaneous Provisions) (Amendment) Regulations 2021

Insertion of new regulation after regulation 13

7.  After regulation 13 insert the following regulation—

“Accepted phased withdrawal schools

13A.— (1) An establishment is an accepted phased withdrawal school if the Secretary of State accepts it for the purpose of this regulation by giving its proprietor a written notice specifying the date on which it becomes an accepted phased withdrawal school.

(2) An establishment may be so accepted only if—

(a) it is an accepted school,

(b) its proprietor makes a written application to the Secretary of State, and

(c) if the school is an accepted school accepted under regulation 13(1)(b), a type B guarantee is provided to the Secretary of State.

(3) An establishment, if so accepted by the Secretary of State, becomes an accepted phased withdrawal school from the date agreed between the Secretary of State and its proprietor, which must be the first day of a month after that in which the application under paragraph (2)(b) is made.

(4) An establishment so accepted by the Secretary of State ceases to be an accepted phased withdrawal school from the date specified in a written notice given to its proprietor by the Secretary of State.

(5) A notice under paragraph (4) may be given—

(a) if the proprietor of the establishment makes a written application to the Secretary of State,

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

(c) if, where a type B guarantee was previously provided to the Secretary of State, either the type B guarantee lapses or, because of a change in circumstances, the Secretary of State considers that the type B guarantee is insufficient,

(d) if, 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, or

(e) if, 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,

(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.

(6) The proprietor of an accepted phased withdrawal school must immediately give written notice to the Secretary of State of any change in proprietor or upon the occurrence of any of the events mentioned in paragraph (5)(d) or (e).

(7) Where an establishment ceases to be an accepted phased withdrawal school—

(a) it does not in consequence become an accepted school, but

(b) sub-paragraph (a) does not prevent a separate application being made for the establishment to be an accepted school under regulation 13.

(8) For the purposes of this regulation a type B guarantee may be provided anew or may be provided by the continuation or variation of a type A guarantee under regulation 13.

(9) In this regulation—

“accepted phased withdrawal teacher” means—

(a)

as from the date agreed under paragraph (3), a person who, immediately before that date, is in pensionable employment at the establishment under Part 1 of Schedule 2 and is entitled to salary paid in full as indicated in regulation 7(2)(a),

(b)

as from the date immediately after the end of a period of leave, which—

(i)

is of a type specified in regulation 7(2)(b), and

(ii)

has a continuous duration no longer than five years,

a person who, immediately before the date agreed under paragraph (3), is in pensionable employment at the establishment but, because of that leave, is not so entitled,

(c)

as from the date immediately after the end of a period of leave, which—

(i)

is not of a type specified in regulation 7(2)(b), and

(ii)

has a continuous duration no longer than five years,

a person who, immediately before the date agreed under paragraph (3), is excluded, only in consequence of that leave, from counting as being in pensionable employment at the establishment, and

(d)

as from the date immediately after the ending of the period of effect of an election under regulation 9, beginning before the date agreed under paragraph (3), a person who during that period is in employment at the establishment that, only because of the application of regulation 7(3) to that person, is excluded from counting as pensionable employment at the establishment;

“type B guarantee” means a bond, guarantee or indemnity in a form and amount, and provided by a person, approved by the Secretary of State in respect of sums due, under these Regulations and TSAVCR 1994, from the proprietor and from any other person responsible for employment at the establishment of accepted phased withdrawal teachers, in relation to pensions—

(a)

already payable by the establishment under these Regulations; and

(b)

payable in respect of the pensionable employment of each accepted phased withdrawal teacher at the establishment under Part 1 of Schedule 2.”.