The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009

PART 3 Supplementary and Consequential Provision

Application of articles 12 to 14

11.—(1) Articles 12 to 14 apply in relation to a person falling within paragraph (2).

(2) A person falls within this paragraph if—

(a) the person has been referred to IBB in accordance with article 2 or 3(3);

(b) information relating to the person has been provided to IBB in accordance with article 3(3).

Teachers’ pensions - entitlement to payment of retirement benefits

12.—(1) The Teachers’ Pensions Regulations 1997 (“the 1997 Regulations”) have effect subject to the provisions of this article.

(2) In regulation E4 Case C is met if the requirements of paragraph (4)(a) to (d)(1) of that regulation are met and—

(a) the Secretary of State has notified the person in writing that the requirements specified in paragraphs (3) and (4) below are met, or

(b) the requirement specified in paragraph (7) below is met.

(3) The requirement is that IBB has not included, and is not considering including, the person in a barred list.

(4) The requirement is that neither the General Teaching Council for England nor the General Teaching Council for Wales has made a prohibition order in relation to the person on the grounds—

(a) of unacceptable professional conduct, or

(b) that the person has been convicted (at any time) of a relevant offence.

(5) The General Teaching Council for England and the General Teaching Council for Wales must, at the request of the Secretary of State, inform the Secretary of State whether they have made a prohibition order in relation to a particular person on the grounds—

(a) of unacceptable professional conduct, or

(b) that the person has been convicted (at any time) of a relevant offence.

(6) In paragraphs (4) and (5) “unacceptable professional misconduct”, “relevant offence” and “prohibition order” have the same meaning as in Schedule 2(2) to the Teaching and Higher Education Act 1998.

(7) The requirement is that IBB has included, or is considering including, the person in a barred list but the Secretary of State is satisfied that there are exceptional circumstances relating to the person which make it appropriate that the person should fall within Case C.

(8) Accordingly, in Case C the entitlement takes effect—

(a) where, immediately before the person became incapacitated the person was in excluded employment, on the day after the last day of the person’s excluded employment; and

(b) in any other case, as soon as the person falls within the Case or as soon as the person would have fallen within the Case had there not been a requirement that the Secretary of State notify that person that the requirements specified in paragraphs (3) and (4) are met,

or (in all cases), if later, 6 months before the date of the last of any medical reports considered by the Secretary of State in determining under regulation H9 of the 1997 Regulations that the person had become incapacitated.

(9) In paragraph (8) “excluded employment” has the same meaning as in the 1997 Regulations.

Modifications to the General Teaching Council for England (Disciplinary Functions) Regulations 2001

13.—(1) The General Teaching Council for England (Disciplinary Functions) Regulations 2001(3) have effect subject to the modifications set out in this article.

(2) Regulation 9(4) has effect as if—

(a) for paragraph (1)(b) there were substituted—

“(b) the Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 (“IBB”) has included or is considering whether to include a registered teacher in either of the barred lists maintained under section 2 of that Act”;

(b) in paragraph (3), for “the Secretary of State for his consideration” there were substituted “IBB”;

(c) in paragraph (4), for “the Secretary of State for his consideration” there were substituted “IBB”;

(d) in paragraph (5), for “the Secretary of State for him to consider the further exercise of his own powers” there were substituted “IBB”.

Modifications to the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001

14.—(1) The General Teaching Council for Wales (Disciplinary Functions) Regulations 2001(5) have effect subject to the modifications set out in this article.

(2) The English text of regulation 9 has effect as if for paragraph (1)(b)(6) there were substituted—

“(b) the Independent Barring Board, established under section 1 of the Safeguarding Vulnerable Groups Act 2006, has included, or is considering whether to include, a registered teacher in either of the barred lists maintained under section 2 of that Act”.

(3) The Welsh text of regulation 9 has effect as if for paragraph (1)(b) there were substituted—

“(b) bod y Bwrdd Gwahardd Annibynnol, a sefydlwyd o dan adran 1 o Ddeddf Diogelu Grwpiau Hawdd eu Niweidio 2006, wedi cynnwys, neu ei fod yn ystyried a ddylid cynnwys, athro cofrestredig neu athrawes gofrestredig yn unrhyw un o’r rhestrau gwahardd a gynhelir o dan adran 2 o’r Ddeddf honno”.

(1)

Paragraph (4) was amended by S.I. 2004/587, S.I. 2006/2214, S.I. 2006/3122 and by S.I. 2008/541.

(2)

Schedule 2 was amended by paragraphs 1 and 12(1) to (3) of Part 1 of Schedule 12 and by paragraph 86(1) and (2) of Schedule 21 to the 2002 Act. It was repealed in part by paragraph 86(1) and (3) Schedule 21 and by Part 3 of Schedule 22 to the 2002 Act. It is to be amended by paragraphs 2 and 7 of Part 1 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47).

(3)

S.I. 2001/1268.

(4)

Regulation 9 was amended by S.I. 2003/1186.

(5)

S.I. 2001/1424 (W. 99).

(6)

Regulation 9(1) was amended by S.I. 2003/503 (W. 71).