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.
2009 No. 1924
The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009
Made
Laid before the House of Lords
Laid before the House of Commons
Coming into force
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 19983 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 20024:
Citation, commencement and application1
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 19992
1
The Education (Non-Maintained Special Schools) (England) Regulations 19995 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—
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 20068 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 19993
The General Teaching Council for England (Constitution) Regulations 19999 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 20024
After paragraph 8 of the Schedule to the School Companies Regulations 200210, 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 20025
After paragraph 8 of Schedule 1 to the School Companies (Private Finance Initiative Companies) Regulations 200211, 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 20036
1
The Education (Independent School Standards) (England) Regulations 200312 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;
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—
- 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.
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 20037
For paragraph (2) of regulation 4 of the Education (Provision of Information by Independent Schools) (England) Regulations 200313, 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 20038
1
The School Staffing (England) Regulations 200314 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;
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 18A16, 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 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”.
Amendments to the Further Education (Providers of Education) (England) Regulations 20069
1
The Further Education (Providers of Education) (England) Regulations 200619 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—
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 200710
In Schedule 6 to the School Governance (Constitution) (England) Regulations 200722—
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;
b
in paragraph 11, substitute “section 113B” for “section 113A”.
Amendment to the School Governance (New Schools) (England) Regulations 200711
In Schedule 2 to the School Governance (New Schools) (England) Regulations 200723—
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;
b
in paragraph 10, substitute “section 113B” for “section 113A”.
Amendment to the School Organisation (Requirements as to Foundations) (England) Regulations 200712
In paragraph 1 of the Schedule to the School Organisation (Requirements as to Foundations) (England) Regulations 200724, 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 200713
In Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 200725—
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;
b
in paragraph 10, after “section 113A”, insert “or, where applicable, section 113B”.
(This note is not part of the Regulations)