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

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

5.—(1) The Independent Schools (Provision of Information) (Wales) Regulations 2003(1) 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..

(1)

S.I. 2003/3230 (W.310), as amended by S.I. 2007/947 (W.81).

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