Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Important Public Services (Education) Regulations 2017.

(2) These Regulations come into force on—

(a) 1st March 2017, or

(b) if later, at the end of the period of 21 days beginning with the day on which they are made.

(3) In these Regulations “a further education institution”—

(a) in relation to England and Wales, means an institution that provides further education as defined in section 2(3) of the Education Act 1996( 3 ); and

(b) in relation to Scotland, means a college of further education as defined in section 36(1) of the Further and Higher Education (Scotland) Act 1992( 4 ).

Education of those aged under 17

2. —(1) Teaching and other services provided by teachers and persons appointed to fulfil the role of a head teacher or principal at—

(a) a school other than a fee-paying school;

(b) a 16-19 Academy; or

(c) a further education institution other than one whose services to persons of compulsory school age are not publicly funded,

are important public services for the purposes of section 226 of the Trade Union and Labour Relations (Consolidation) Act 1992.

(2) A school is a fee-paying school if a majority of the pupils at the school have fees for their attendance paid for them by individuals.

(3) A further education institution provides services to persons of compulsory school age which are not publicly funded if a majority of those persons have fees for their attendance paid for them by individuals.

(4) Paragraph (1) does not include services to persons who are not of compulsory school age.