(1) The circumstances referred to in section 16A(2) of the 1986 Act and in section 89(1A) of the 1988 Act 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 grant-maintained school;
(d) a city technology college; or
(e) 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 impracticable 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.