Policing and Crime Act 2009

82 Educational establishments: check on members of governing body

(1) Section 13 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (educational establishments: check on members of governing body) is amended as follows.

(2) After subsection (1) insert—

“(1A) B commits an offence if—

(a) B acts as a member of the governing body of an educational establishment mentioned in section 8(5), and

(b) B has not consented to P making a check in accordance with section 15(2)(a) or has not provided any information required to make that check.”

(3) In subsection (2) (penalty for offence) after “(1)” insert “or (1A)”.

(4) After subsection (3) insert—

“(3A) A person does not commit an offence under subsection (1A) if, in relation to any continuous period for which the person is a member of the governing body of the establishment—

(a) the person’s appointment first took effect before the commencement of this section, and

(b) it continues to have effect after such commencement.”

(5) In subsection (4) (power of Secretary of State to order that subsection (3) no longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A) do”.

(6) After subsection (5) insert—

“(6) The period prescribed for the purposes of subsection (1) must not start before B has—

(a) consented to P making a check in accordance with section 15(2)(a), and

(b) provided any information required to make that check.”

(7) In section 8 of that Act (person not to engage in regulated activity unless subject to monitoring) for subsection (11) substitute—

“(11) A person does not commit an offence under subsection (3) if, in relation to any continuous period for which the person is a member of the governing body of the establishment—

(a) the person’s appointment first took effect before the commencement of this section, and

(b) it continues to have effect after such commencement.”