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

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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(1) 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(2) 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(3) 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”.

(2)

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).

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