The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2013

Regulation 2(4)

SCHEDULE

“Definition of “work with children”

5C.   For the purposes of regulation 5A(a) “work with children” means—

(a) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006(1) as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012(2);

(b) considering the applicant’s suitability to engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006;

(c) a decision made by an adoption agency within the meaning of section 2 of the Adoption and Children Act 2002(3), or the compiling of a report for the authority making a decision in respect of an application to be a special guardian within the meaning of section 14A of the Children Act 1989(4), as to a person’s suitability to adopt a child or be a special guardian, including obtaining information in respect of any person aged 18 years or over living in the same household as the prospective adopter or special guardian;

(d) registration for child minding or providing day care under Part 2 of the Children and Families (Wales) Measure 2010(5), including assessing the suitability of any person to have regular contact with a child who is—

(i) aged 16 or over and living on the premises at which the child minding or day care is being or is to be provided;

(ii) aged 16 or over and working, or who will be working, on the premises at which the child minding or day care is being or is to be provided at times when such child minding or day care is being or is to be provided;

(e) registration under Chapters 2, 3 or 4 of Part 3 of the Childcare Act 2006(6) (regulation of provision of childcare in England), including assessing the suitability of any person to have regular contact with a child who is—

(i) aged 16 or over and living on the premises at which the childcare is being or is to be provided;

(ii) aged 16 or over and working on the premises at which the childcare is being or is to be provided at times when such childcare is being or is to be provided;

(f) placing children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989(7) or the Children (Northern Ireland) Order 1995(8) or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children), including obtaining information in respect of any person who is—

(i) aged 18 or over and living in the same household as a person who is, or who wishes to be approved as, a foster parent within the meaning of section 53(7)(a) or (b) of the Safeguarding Vulnerable Groups Act 2006;

(ii) aged 16 or over and living in the same household as a person who fosters, or intends to foster, a child privately within the meaning of section 66(1) of the Children Act 1989 or who is otherwise a private foster parent within the meaning of section 53(7)(c) and (8) of the Safeguarding Vulnerable Groups Act 2006;

(g) obtaining information in respect of any person who is aged 16 or over and who lives in the same household as an individual who is having or who has had their suitability assessed for the purposes of—

(i) engaging in any activity which is regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006(9) or as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012;

(ii) working in a further education institution (within the meaning of section 140 of the Education Act 2002(10)) where the normal duties of that work involve regular contact with children; or

(iii) working in a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010(11)) where the normal duties of that work involve regular contact with children

where that individual, and the person who lives in the same household, live on the premises where that activity or work would normally take place;

(h) considering the applicant’s suitability to obtain or hold a taxi driver licence;

(i) work done infrequently which, if done frequently, would be regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 or as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012;

(j) registration under Part II of the Care Standards Act 2000(12) (establishments and agencies);

(k) registration under Part IV of the Care Standards Act 2000 (social care workers);

(l) considering the applicant’s suitability for work in a further education institution (within the meaning of section 140 of the Education Act 2002) or a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010) where the normal duties of that work involve regular contact with persons aged under 18.”

(1)

2006 c. 47. Part 1 of Schedule 4 was amended by paragraph 41 of Schedule 1 to the Education and Skills Act 2008 (c. 25), paragraph 1 of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9) and S.I. 2009/2610.

(2)

2012 c. 9.

(3)

2002 c. 38.

(4)

1989 c. 41. Section 14A was inserted by section 115 of the Adoption and Children Act 2002 (c. 38) and amended by section 38 of the Children and Young Persons Act 2008 (c. 23).

(5)

2010 c. 01.

(6)

2006 c. 21.

(7)

1989 c. 41. Section 66 was amended by paragraph 14 of Schedule 4 to the Care Standards Act 2000 (c. 14). Section 67 was amended by section 44 of the Children Act 2004 (c. 31).

(8)

S.I 1995/755.

(9)

2006 c. 47. Part 1 of Schedule 4 was amended by paragraph 41 of Schedule 1 to the Education and Skills Act 2008 (c. 25), paragraph 1 of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9) and S.I. 2009/2610.

(10)

2002 c. 32. Section 32 was amended by S.I. 2010/1158.

(11)

2010 c. 32. Section 1B was inserted by section 53(7) of the Education Act 2011 (c. 21).

(12)

2000 c. 14.