Education (Restriction of Employment) Regulations 2000

Automatic prohibition

9.—(1) This regulation applies in the case of a person who—

(a) on or after 1st November 1995—

(i) has pleaded guilty to or been found guilty of an offence set out in Schedule 2 to these Regulations against or involving a child under the age of sixteen or who has pleaded guilty to or been found guilty of an attempt to commit any such offence, by or before a court in the United Kingdom;

(ii) was employed in relevant employment before or at the time he committed or was convicted of the offence; and

(iii) was aged eighteen or over at the time the offence was committed; or

(b) is included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of individuals considered unsuitable to work with children).

(2) Where paragraph (1)(a) applies, the Secretary of State shall, on receipt of a certificate of conviction in respect of an offence referred to in that paragraph committed by the person concerned, determine that the person concerned is not a fit and proper person to be employed as a teacher or worker with children or young persons, and give a direction in accordance with regulation 5(3)(a) or (b) whichever applies.

(3) Where paragraph (1)(b) applies, the Secretary of State shall, on receipt of notification that the person concerned has been included in the list referred to in that paragraph, give a direction in accordance with regulation 5(3)(a) or (b) whichever applies.

(4) For the purposes of paragraph (2) “certificate of conviction” shall have the meaning given to it by section 73(2) of the Police and Criminal Evidence Act 1984(1).

(1)

1984, c. 60.