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

Title and commencement

1.—(1) The title of these Regulations is the Education (Miscellaneous Amendments relating to Safeguarding Children) (Wales) Regulations 2009 and they come into force on 12 October 2009.

(2) These Regulations apply in relation to Wales.

Amendments to the Education (Special Schools) Regulations 1994

2.—(1) The Education (Special Schools) Regulations 1994(1) are amended as follows.

(2) In regulation 7—

(a) in paragraph (1), after sub-paragraph (b), insert—

“(ba) a direction under section 142(8) of the Education Act 2002(2);”; and

(b) after paragraph (1), insert—

“(1A) The Welsh Ministers may withdraw their approval for a school on the ground that, in the case of that school, it has employed a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006(3).”.

Amendments to the Education (Foundation Body) (Wales) Regulations 2001

3.—(1) The Education (Foundation Body) (Wales) Regulations 2001(4) are amended as follows.

(2) In paragraph 5 of Schedule 2—

(a) in sub-paragraph (1), after “restricted”, insert “, or is subject to a direction under section 142 of the Education Act 2002(5), or is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006(6).”.

Amendments to the Independent School Standards (Wales) Regulations 2003

4.—(1) The Independent School Standards (Wales) Regulations 2003(7) are amended as follows.

(2) In regulation 2 in the definition of “appropriate criminal record certificate”—

(a) after “section 113B of the Police Act 1997” insert “which includes suitability information relating to children within the meaning of section 113BA(2) of that Act”;

(b) after “section 113A of the Police Act 1997” insert “which includes suitability information relating to children within the meaning of section 113BA(2) of that Act”; and

(c) omit the words “provided that, in both cases, where the person holds a position mentioned in section 113C(5) of the Police Act 1997, the certificate also contains the information specified in section 113C(1) of that Act;”.

(3) In the Schedule in sub-paragraph (e) of paragraph 4, after “any member of staff” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006(8) or”.

Amendments to the Independent Schools (Provision of Information) (Wales) Regulations 2003

5.—(1) The Independent Schools (Provision of Information) (Wales) Regulations 2003(9) are amended as follows.

(2) In regulation 2(1) in the definition of “appropriate criminal record certificate”—

(a) after “section 113B of the Police Act 1997” insert “which includes suitability information relating to children within the meaning of section 113BA(2) of that Act”;

(b) after “section 113A of the Police Act 1997” insert “which includes suitability information relating to children within the meaning of section 113BA(2) of that Act”; and

(c) omit the words “provided that, in both cases, where the person holds a position mentioned in section 113C(5) of the Police Act 1997, the certificate also contains the information specified in section 113C(1) of that Act;”.

(3) For paragraph (2) of regulation 2, 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” (“cyflogwr perthnasol”) 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 Government of Maintained Schools (Wales) Regulations 2005

6.  In Schedule 5 to the Government of Maintained Schools (Wales) Regulations 2005(10)—

(a) after sub-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(11);

(bb) subject to a direction by the appropriate authority under section 167A of the Education Act 2002(12);”; and

(b) in paragraph 12, substitute “113B” for “113”.

Amendments to the Staffing of Maintained Schools (Wales) Regulations 2006

7.—(1) The Staffing of Maintained Schools (Wales) Regulations 2006(13) are amended as follows.

(2) In regulation 3—

(a) in paragraph (1)—

(i) omit the definition of “children’s suitability statement”; and

(ii) where appropriate, 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;”; and

(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(14) or”.

(3) In paragraph (2) of regulation 9A and paragraph (2) of regulation 20A, omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”.

(4) In regulation 15A—

(a) in sub-paragraph (a)(ii) of paragraph (1), omit “accompanied by a children’s suitability statement”;

(b) in paragraph (2), substitute “more” for “less”; and

(c) in paragraph (6) after sub-paragraph (b) insert—

“(ba) a check to establish if he or she is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;”.

(5) In regulations 18A and 26A, omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.

(6) In regulation 24A—

(a) in sub-paragraph (a)(ii) of paragraph (1), omit “accompanied by a children’s suitability statement”; and

(b) in paragraph (2), substitute “more” for “less”.

Amendments to the Persons Providing Education at Further Education Institutions in Wales (Conditions) Regulations 2007

8.—(1) The Persons Providing Education at Further Education Institutions in Wales (Conditions) Regulations 2007(15) are amended as follows.

(2) In regulation 3—

(a) in paragraph (1)—

(i) omit the definition of “children’s suitability statement”, and

(ii) in the definition of “enhanced criminal record certificate”, after “1997”, insert “which includes suitability information relating to children within the meaning of section 113BA(2) of the Police Act 1997(16) 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 (d) of regulation 5, after “whether the person is”, insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006(17) or is”.

(4) In regulation 13, omit “a children’s suitability statement has been submitted and”.

(5) In sub-paragraph (ii) of paragraph (b) of regulation 17, omit “a children’s suitability statement has been submitted and”.

(6) In paragraph (d) of regulation 18, after “whether the person 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 Schedule 1—

(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 (b), 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 (f)(ii), omit “and a children’s suitability statement submitted”.

Jane Hutt

Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers

17 September 2009