This section defines the meaning of "school support staff" for the purposes of Part 8A of the Education Act 2002 as persons who meet the conditions in subsections (3) and (4).
	Sub section (3)(a) concerns support staff in maintained schools. When read with subsections (4) and (5) it provides that persons employed by local authorities or governing bodies of maintained schools in England under a contract of employment that requires them to work wholly at one or more maintained schools in England, who are not school teachers for the purposes of s.122 Education Act 2002 or persons of a description prescribed in regulations made under sub section (4)(b) will be "school support staff".
	Sub section (3)(b) concerns support staff in academies. When read with subsections (4) and (5) it provides that persons employed by the proprietor of an "Academy" under a contract of employment that provides:
for the person to work wholly at one or more "Academies", OR
for the person to carry out work of a description prescribed in regulations for the purposes of one or more "Academies", who are not qualified teachers employed to work as a teacher or a person of a description prescribed in regulations under sub section (4)(b) will be "school support staff".
	The Government envisages that the power to make regulations under subsection (4)(b) will be exercised so as to exclude from the definition of "school support staff", we proposed in our consultation that this might be staff such as executives working within academies and/or persons whose terms and conditions of employment are determined in accordance with agreements of other bodies.
Part 3: Pay and Conditions in Particular Sectors Chapter 1: School Support Staff New section 148C Meaning of "school support staff"