This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
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
Laid before the House of Commons
4th November 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 1996( 1 ), section 1(5) and (7) and section 42(6) and (7) of the Teaching and Higher Education Act 1998( 2 ), section 23A(9), section 72(1)(d) and section 138(7) of the School Standards and Framework Act 1998( 3 ) and 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 2002( 4 ):
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.
Amendments to the Education (Non-Maintained Special Schools) (England) Regulations 1999
2. —(1)The Education (Non-Maintained Special Schools) (England) Regulations 1999( 5 ) are amended as follows.
(2) In regulation 2—
(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 ( 6 ) which includes suitability information relating to children within the meaning of section 113BA(2) ( 7 ) of that Act; ” ;
(b) in sub-paragraph (a) of paragraph (1A), omit “accompanied by a children’s suitability statement”; and
(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 2006( 8 ) or” .
(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”.
Amendments to the General Teaching Council for England (Constitution) Regulations 1999
3.The General Teaching Council for England (Constitution) Regulations 1999( 9 ) are 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”.
Amendment to the School Companies Regulations 2002
4. After paragraph 8 of the Schedule to the School Companies Regulations 2002( 10 ), insert—
“ 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; ” .
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 2002( 11 ), insert—
“ 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; ” .
Amendments to the Education (Independent School Standards) (England) Regulations 2003
6. —(1)The Education (Independent School Standards) (England) Regulations 2003( 12 ) are amended as follows.
(2) In regulation 4—
(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) 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) 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) 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—
is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”, or
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) 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”.
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 2003( 13 ), substitute—
“ (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).
(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. ”
Amendments to the School Staffing (England) Regulations 2003
8. —(1)The School Staffing (England) Regulations 2003( 14 ) are amended as follows.
(2) In regulation 3—
(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) 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) in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;
(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) 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 18A( 16 ), omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.
(6) In regulation 20—
(a) in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;
(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) 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 24A( 17 ), omit “accompanied by a children’s suitability statement”.
(8) In regulation 26A( 18 ), omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.
Amendments to the Further Education (Providers of Education) (England) Regulations 2006
9. —(1)The Further Education (Providers of Education) (England) Regulations 2006( 19 ) are amended as follows.
(2) In regulation 3—
(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 ( 20 ) which includes suitability information relating to children within the meaning of section 113BA(2) ( 21 ) of that Act; ” ; and.
(iii) For paragraph (4) substitute—
“ (4) In order to carry out an enhanced criminal record check, a person must apply for and obtain an enhanced criminal record certificate. ” .
(3) In paragraph (4) of regulation 5, 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”.
(4) In regulation 13, omit “a children’s suitability statement has been submitted and”.
(5) In sub-paragraph (b) of regulation 17(2), omit “a children’s suitability statement has been submitted and”.
(6) In paragraph (4) of regulation 18, 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”.
(7) In the Schedule—
(a) in paragraph 3 of Part 1, after “whether the person” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”; and
(b) in paragraph 2 of Part 2—
(i) in sub-paragraph (2), after “whether the person” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”; and
(ii) in sub-paragraph (6)(b), omit “and a children’s suitability statement submitted”.
Amendment to the School Governance (Constitution) (England) Regulations 2007
10. In Schedule 6 to the School Governance (Constitution) (England) Regulations 2007( 22 )—
(a) after paragraph (b) of paragraph 9, insert—
“ (ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006; ” ; and
(b) in paragraph 11, substitute “section 113B” for “section 113A”.
Amendment to the School Governance (New Schools) (England) Regulations 2007
11. In Schedule 2 to the School Governance (New Schools) (England) Regulations 2007( 23 )—
(a) after paragraph (b) of paragraph 8, insert—
“ (ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006; ” ; and
(b) in paragraph 10, substitute “section 113B” for “section 113A”.
Amendment to the School Organisation (Requirements as to Foundations) (England) Regulations 2007
12. In paragraph 1 of the Schedule to the School Organisation (Requirements as to Foundations) (England) Regulations 2007( 24 ), after paragraph (b), insert—
“ (ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006; ” .
Amendment to the Education (Pupil Referral Units) (Management Committees etc. (England) Regulations 2007
13. In Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007( 25 )—
(a) after paragraph (b) of paragraph 8, insert—
“ (ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006; ” ; and
(b) in paragraph 10, after “section 113A”, insert “or, where applicable, section 113B”.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
16th July 2009
1996 c. 56 . Section 342 was inserted by section 140(1), Schedule 30, paragraph 82 of the School Standards and Framework Act 1998 (c. 31) . Section 342 has also been amended by the Education and Skills Act (c. 25) , section 142(2), (3)(a) and (4), section 169(2), Schedule 2 and other provisions in that Act which are not relevant to these Regulations. Section 569 has been amended by the Education and Inspections Act 2006 (c. 40) , section 184, Schedule 18, Part 2. Paragraph 15 of Schedule 1 was inserted by section 48 of the Education Act 1997 (c. 44) and amendments to paragraph 15 were made by the School Standards and Framework Act 1998 (c. 31) , section 140(1) and (3), Schedule 30, paragraph 184(c). Further amendments to paragraph 15 of Schedule 1 have been made by S.I.s but none is relevant to these Regulations. See section 579 of the Education Act 1996 for the definition of “regulations”. Section 114(1) of that Act defines “prescribed” and “regulations”.
1998 c. 30 . An amendment has been made to section 1 by the Education Act 2002 (c. 32) and to section 42 by that Act and the Higher Education Act 2004 (c. 8) but the amendments are not relevant to these Regulations.
1998 c. 31 . Section 23A was inserted by section 33(1) of the Education and Inspections Act 2006 (c. 40) . Section 72 has been amended by the Education Act 2002 (c. 32) but the amendment is not relevant. Section 138 has been amended by the Education and Inspections Act 2006 (c. 40) , section 175, Schedule 17, paragraph 3(1) and (4); other amendments have been made by that Act to section 138 but none is relevant. Amendments have also been made to section 138 by the Education Act 2002 (c. 32) and the Education Act 2005 (c. 18) but the amendments are not relevant to these Regulations. See section 142(1) of the School Standards and Framework Act 1998 for the definition of “regulations”.
2002 c. 32 . Section 157 has been amended by the section 47(1) and (2) of the Childcare Act 2006 (c. 21) and the Education and Skills Act 2008 (c. 25) , section 169, Schedule 1, Part 1, paragraphs 13 and 16 and Schedule 2. Section 210 is amended by section 21(1), (3)(a) and (c)(i) and (ii) of the Learner Travel (Wales) Measure 2008 (nawm 2) . Further amendments are made by that Measure and by the Childcare Act 2006 (c. 21) to section 210 but none is relevant to these Regulations. See section 212(1) of the Education Act 2002 for the definition of “regulations”.
1999/2257 as amended by S.I. 2007/1088 .
1997 c. 50 . Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15) . Sub-section (2) of section 113B is amended by the Safeguarding Vulnerable Groups Act 2006.
Section 113BA was inserted by the Safeguarding Vulnerable Groups Act 2006 (c. 47) , section 63(1), Schedule 9, Part 2, paragraph 14(1) and (4) and amended by section 170(2) of the Education and Inspections Act 2006 (c. 40) and the Education and Skills Act 2008, section 169, Schedule 1, Part 1, paragraph 12(a) and (b).
2006 c. 47 . S.I. 2009/1797 specifies that, for the purposes of section 3(2)(b), the list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups Act Order 2007 ( S.I. 2007/1351 (N.I. 11) ) (i.e. the children’s barred list for Northern Ireland) is a list that corresponds to the children’s barred list established and maintained under section 2(1)(a) of the Safeguarding Vulnerable Groups Act 2006.
S.I. 1999/1726 as amended by S.I. 2004/1935 ; there are other amending instruments but none is relevant. The regulations relate to the General Teaching Council for England, The functions of the Secretary of State under section 1, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999/672 . The functions of the Assembly under that Order now fall to be exercised by the Welsh Ministers under the Government of Wales Act 2006, Schedule 11, paragraph 30,
2002/2978 , to which there are amendments not relevant to these Regulations.
2002/3177 , to which there are amendments not relevant to these Regulations.
2003/1910 as amended by S.I. 2007/1087 ; there are other amending instruments but none is relevant to these Regulations.
2003/1934 , to which there are amendments not relevant to these Regulations.
2003/1963 as amended by S.I. 2006/3197 ; there is another amending instrument but this is not relevant.
Inserted by S.I. 2006/3197 .
Inserted by S.I. 2006/3197 .
Inserted by S.I. 2006/3197 .
Inserted by S.I. 2006/3197 .
1997 c. 50 . Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15) . Sub-section (2) of section 113B is amended by the Safeguarding Vulnerable Groups Act 2006.
Section 113BA was inserted by the Safeguarding Vulnerable Groups Act 2006 (c. 47) , section 63(1), Schedule 9, Part 2, paragraph 14(1) and (4) and amended by section 170(2) of the Education and Inspections Act 2006 (c. 40) and the Education and Skills Act 2008, section 169, Schedule 1, Part 1, paragraph 12(a) and (b)