The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009

JurisdictionUK Non-devolved
CitationSI 2009/1924
Year2009

2009 No. 1924

Education, England

The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009

Made 16th July 2009

Laid before the House of Lords 20th July 2009

Coming into force 12th October 2009

The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by section 342(2) and (4)(a) and section 569(4) of, and paragraph 15(1) and (2)(c) of Schedule 1 to, the Education Act 19961, section 1(5) and (7) and section 42(6) and (7) of the Teaching and Higher Education Act 19982, section 23A(9), section 72(1)(d) and section 138(7) of the School Standards and Framework Act 19983and section 12(3), section 19(3), section 34(5), section 35(4) and (5), section 36(4) and (5), section 136(c), section 157(1)(d), section 168(1) and (2) and section 210 (7) of the Education Act 20024:

S-1 Citation, commencement and application

Citation, commencement and application

1.—(1) These Regulations may be cited as the Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009 and come into force on 12th October 2009.

(2) These Regulations apply to England only.

S-2 Amendments to the Education (Non-Maintained Special Schools) (England) Regulations 1999

Amendments to the Education (Non-Maintained Special Schools) (England) Regulations 1999

2.—(1) The Education (Non-Maintained Special Schools) (England) Regulations 19995are amended as follows.

(2) In regulation 2—

(a)

(a) in paragraph (1)—

(i) omit the definition of “children’s suitability statement”; and

(ii) for the definition of “enhanced criminal record certificate” substitute—

““enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 19976which includes suitability information relating to children within the meaning of section 113BA(2)7of that Act;”;

(b)

(b) in sub-paragraph (a) of paragraph (1A), omit “accompanied by a children’s suitability statement”; and

(c)

(c) in sub-paragraph (c) of paragraph (1C), after “is not” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 20068or”.

(3) In sub-paragraph (b) of paragraph 3C(2) of the Schedule, after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.

S-3 Amendments to the General Teaching Council for England (Constitution) Regulations 1999

Amendments to the General Teaching Council for England (Constitution) Regulations 1999

3. The General Teaching Council for England (Constitution) Regulations 19999are amended as follows—

(a) in paragraph (2)(a) of regulation 5, after “he is”, insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and

(b) in paragraph (5)(a) of regulation 10, after “he is”, insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.

S-4 Amendment to the School Companies Regulations 2002

Amendment to the School Companies Regulations 2002

4. After paragraph 8 of the Schedule to the School Companies Regulations 200210, insert—

S-8A

8A. a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;”.

S-5 Amendment to the School Companies (Private Finance Initiative Companies) Regulations 2002

Amendment to the School Companies (Private Finance Initiative Companies) Regulations 2002

5. After paragraph 8 of Schedule 1 to the School Companies (Private Finance Initiative Companies) Regulations 200211, insert—

S-8A

8A. a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;”.

S-6 Amendments to the Education (Independent School Standards) (England) Regulations 2003

Amendments to the Education (Independent School Standards) (England) Regulations 2003

6.—(1) The Education (Independent School Standards) (England) Regulations 200312are amended as follows.

(2) In regulation 4—

(a)

(a) in paragraph (1)—

(i) omit the definition of “children’s suitability statement”; and

(ii) for the definition of “enhanced criminal record certificate” substitute—

““enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;”; and

(b)

(b) in sub-paragraph (a) of paragraph (2), omit “and the application for the certificate is accompanied by a children’s suitability statement”.

(3) In the Schedule—

(a)

(a) in paragraph (d) of paragraph 4(2), after “no such person” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”;

(b)

(b) in sub-paragraph (6) of paragraph 4B, for the words from “no such person” to the end of the sub-paragraph insert—

“no such person—

(a) is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”, or

(b) carries out work , or intends to carry out work, at the school in contravention of any direction made under section 142 of the Education Act 2002 or any disqualification, prohibition or restriction which takes effect as if contained in such a direction.”; and

(c)

(c) in paragraph (b) of paragraph 4C(2) after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.

S-7 Amendment to the Education (Provision of Information by Independent Schools) (England) Regulations 2003

Amendment to the Education (Provision of Information by Independent Schools) (England) Regulations 2003

7. For paragraph (2) of regulation 4 of the Education (Provision of Information by Independent Schools) (England) Regulations 200313, substitute—

S-2

“2 Any reference in these Regulations to a person employed at a school is a reference to a person—

(a) providing education—

(i) at a school;

(ii) at a further education institution;

(iii) under a contract of employment or for services where the other party to the contract is a local education authority or a person exercising a function relating to the provision of education on behalf of a local education authority;

(b) taking part in the management of an independent school; or

(c) carrying on work which—

(i) brings that person regularly into contact with children, and

(ii) is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).

S-3

3 For the purposes of paragraph (2), “relevant employer” means—

(a) a local education authority;

(b) a person exercising a function relating to the provision of education on behalf of a local education authority;

(c) the proprietor of a school; or

(d) the governing body of a further education institution.”

S-8 Amendments to the School Staffing (England) Regulations 2003

Amendments to the School Staffing (England) Regulations 2003

8.—(1) The School Staffing (England) Regulations 200314are amended as follows.

(2) In regulation 3—

(a)

(a) in paragraph (1)—

(i) omit the definition of “children’s suitability statement”; and

(ii) after the definition of “employment business”, insert—

““enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997 which includes suitability information relating to children within the meaning of section 113BA(2) of that Act;”; and

(b)

(b) in sub-paragraph (c) of paragraph (3), after “is not” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”.

(3) In regulation 11—

(a)

(a) in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;

(b)

(b) in sub-paragraph (b) of paragraph (8), after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and

(c)

(c) in sub-paragraph (b) of paragraph (11), omit “, with a children’s suitability statement,”.

(4) In sub-paragraph (a)(ii) of regulation 15A(1)15, omit “accompanied by a children’s suitability statement”.

(5) In regulation 18A16, omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.

(6) In regulation 20—

(a)

(a) in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;

(b)

(b) in sub-paragraph (b) of paragraph (8), after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and

(c)

(c) in sub-paragraph (b) of paragraph (11), omit “, with a children’s suitability statement,”.

(7) In sub-paragraph (a)(ii) of paragraph (1) of regulation 24A17, omit “accompanied by a children’s suitability statement”.

(8) In regulation 26A18, omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.

S-9 Amendments to the Further Education (Providers of Education) (England) Regulations 2006

Amendments to the Further Education (Providers of Education) (England) Regulations 2006

9.—(1) The Further Education (Providers of Education) (England) Regulations 200619are amended as follows.

(2) In regulation 3—

(a)

(a) in paragraph (1)—

(i) omit the definition of “children’s suitability statement”; and

(ii) for the...

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