(1) The circumstances referred to in section 52A(2) of the 1992 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 (until 1st September 1999);
(d) a grant-maintained special school (until 1st September 1999);
(e) a city technology college;
(f) a city college for the technology of the arts; or
(g) a 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 a room at that time, and
(b) the absence of a teacher at that time has not lasted more than five minutes.