The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009

Amendments to the Further Education (Providers of Education) (England) Regulations 2006

9.—(1) The Further Education (Providers of Education) (England) Regulations 2006(1) 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(2) which includes suitability information relating to children within the meaning of section 113BA(2)(3) 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”.

(1)

S.I. 2006/3199.

(2)

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.

(3)

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)