(1)The circumstances referred to in section 80(2) of the School Standards and Framework Act 1999 shall be that a teacher is present in the room.
(2)For the purposes of paragraph (1) a teacher means a member of the teaching staff of—
(a)a school maintained by a local education authority;
(b)an institution maintained or assisted by a local education authority other than a school;
(c)a city technology college; or
(d)an institution within the further education sector.
(3)For the purposes of paragraph (1) a teacher shall be considered to be present in the room at a particular time even though no teacher is present if–
(a)it would be impractical to secure the presence of a teacher in the room at that time; and
(b)the absence of a teacher at that time has not lasted more than five minutes.