The Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2007

• Citation: S.I. 2007/195
• Sections: 10

Section 1 Citation and commencement

These Regulations may be cited as the Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2007 and come into force on 28th February 2007.

Section 2 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

The Education (Prohibition from Teaching or Working with Children) Regulations 2003 are amended as follows.

Section 3 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

(1) Renumber regulation 2 (interpretation) as paragraph (1) of that regulation.

(2) In regulation 2—

(a) in paragraph (1) as so renumbered—

(i) omit the definition of “certificate of conviction”;

(ii) after the definition of “child” insert—

“condition D” means any of conditions D1 to D4 set out in paragraphs 4 to 7 of Part 1 of Schedule 2;

(iii) for the definition of “disqualification order” substitute—

“disqualification order” has the same meaning as in section 30 of the Criminal Justice and Court Services Act 2000 ;

(iv) omit the definition of “relevant offence”;

(b) after paragraph (1) as so renumbered insert—

(2) Any reference in these Regulations to condition A, B, C, D, E or F is to the condition (or conditions) set out in paragraphs 1 to 9 of Part 1 of Schedule 2 bearing the letter A, B, C, D, E or F, as appropriate.

Section 4 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

For regulation 8 (automatic prohibition) substitute the following regulations—

Automatic prohibition: direction

(8)

(1) Subject to paragraph (3), this regulation applies if, in relation to a person—

(a) any of conditions A to F is satisfied; and

(b)

(i) if any of conditions C to E is satisfied, paragraph 10 of Part 1 of Schedule 2 is also satisfied; and

(ii) if condition C or D is satisfied, paragraph 11 of that Part is also satisfied.

(2) If the Secretary of State is satisfied that this regulation applies to a person he must direct under section 142(1)(a) of the 2002 Act that the person may not carry out work to which that section applies and—

(a) if the direction is given because condition A applies, the direction must be on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (list of individuals considered unsuitable to work with children); or

(b) if the direction is given because any of conditions B to F apply, the direction must be on the grounds that the person is unsuitable to work with children.

(3) This regulation does not apply if, in relation to an offence, the Secretary of State knows that the court, having considered whether to make a disqualification order, decided not to.

Automatic prohibition: right to make representations

(8A)

(1) This regulation applies if, on or after 28th February 2007 the Secretary of State has given a direction to a person (“X”) by virtue of regulation 8 because condition D, E or F is satisfied.

(2) Subject to paragraph (5), the Secretary of State must afford X the opportunity to make representations to him and, where appropriate, submit medical evidence or other evidence to him within 2 months of the date on which notice of that opportunity is served on X or, where he is satisfied that X had good reason not to make such representations or submit such evidence within that period, such further period as the Secretary of State considers reasonable.

(3) If it appears to the Secretary of State that X is not unsuitable to work with children, the Secretary of State must revoke the direction.

(4) A notice is deemed to be served for the purposes of this regulation 48 hours after the date on which it is sent.

(5) Paragraph (2) does not apply where service cannot be effected by reason of the inability of the Secretary of State to ascertain X’s whereabouts.

Section 5 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

In regulation 9 (review by the Secretary of State)—

(a) in paragraph (1)(a) for “regulation 8(1)(b) or (c) applies” substitute “a direction was given because condition A or B is satisfied”;

(b) in paragraph (3) for “regulation 8(1)(b) applies an earlier” substitute “a direction was given because condition A is satisfied the”;

(c) in paragraph (4) for “regulation 8(1)(c) applies an earlier” substitute “a direction was given because condition B is satisfied the”.

Section 6 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

In regulation 10(1) (review by the Tribunal) for “regulation 11” substitute “regulation 10A or 11” .

Section 7 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

After regulation 10 insert—

(10A)

(1) Subject to paragraph (2), a person may make an application under regulation 10 if—

(a) before 28th February 2007 he was—

(i) given a direction under section 142 of the 2002 Act by virtue of regulation 8 of these Regulations; or

(ii) given a direction under regulation 5 of the 2000 Regulations by virtue of the application of regulation 9 of those Regulations; and

(b) he is not a person in relation to whom condition A, B or C is satisfied.

(2) A person may only make an application under this regulation with the leave of the Tribunal.

(3) The Tribunal must refuse to grant leave if it considers that the application has no reasonable prospect of success.

Section 8 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

In regulation 11—

(a) in paragraph (1) at the beginning insert “Subject to regulation 10A,”;

(b) in paragraph (3)—

(i) in sub-paragraph (a)(i) for “regulation 8(1)(b) applies” substitute “a direction was given because condition A is satisfied”;

(ii) in sub-paragraph (a)(ii) for “regulation 8(1)(c) applies” substitute “a direction was given because condition B is satisfied”;

(c) in paragraph (4)—

(i) in paragraph (a)(i) for “regulation 8(1)(b) applies” substitute “a direction was given because condition A is satisfied”;

(ii) in paragraph (a)(ii) for “regulation 8(1)(c) applies” substitute “a direction was given because condition B is satisfied”.

Section 9 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

In regulation 12(1) (appeals)—

(a) after sub-paragraph (a) insert—

(aa) where regulation 8A applies, against a refusal by the Secretary of State to revoke a direction given to him under section 142 of the 2002 Act following consideration of the representations or evidence referred to in regulation 8A; and

(b) in sub-paragraph (b) omit “save where regulation 8(1)(b) or (c) applies,”.

Section 10 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

For Schedule 2 (list of criminal offences) substitute the following Schedule—

Automatic prohibition: conditions and offences

Conditions for automatic prohibition

(1) Condition A (automatic bar: PoCA List) is that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children).

(2) Condition B (automatic bar: disqualification order) is that—

(a) on or after 1st June 2003 the person has been made subject to a disqualification order; and

(b) if the order was made before 28th February 2007, the person was carrying out work to which section 142 of the 2002 Act applies before he was convicted of the offence to which the disqualification order relates.

(3) Condition C (automatic bar: Part 2 offence committed in previous 10 years against child under 16) is that—

(a) on or after the relevant specified date the person has been found to have committed an offence set out in Part 2 of this Schedule;

(b) the offence was committed against or involving a child under 16; and

(c) the offence was committed not more than 10 years before the date on which the Secretary of State gives the direction.

(4) Condition D1 (automatic inclusion: Part 2 offence committed against person aged 16 or over or committed more than 10 years previously against child under 16, and related offences) is that—

(a) on or after the relevant specified date the person has been found to have committed—

(i) an offence set out in Part 2 of this Schedule; or

(ii) an offence that is related to such an offence;

(b) the offence was committed against or involving—

(i) a child under 16; or

(ii) if the finding is on or after 28th February 2007, a person aged 16 or over; and

(c) where both paragraphs (a)(i) and (b)(i) apply, the offence was committed more than 10 years before the date on which the Secretary of State gives the direction.

(5) Condition D2 (automatic inclusion: Part 3 offence) is that—

(a) on or after the relevant specified date the person has been found to have committed an offence set out in Part 3 of this Schedule or an offence that is related to such an offence; and

(b) the offence was committed against or involving—

(i) a child under 16; or

(ii) if the finding is on or after 28th February 2007, a person aged 16 or over.

(6) Condition D3 (automatic inclusion: Part 4 offence) is that—

(a) on or after the relevant specified date the person has been found to have committed an offence set out in Part 4 of this Schedule or an offence that is related to such an offence; and

(b) the offence was committed against or involving—

(i) a child under 16; or

(ii) if the finding is on or after 28th February 2007, a child aged 16 or 17.

(7) Condition D4 (automatic inclusion: Part 5 offence) is that—

(a) on or after the relevant specified date the person has been found to have committed an offence set out in Part 5 of this Schedule or an offence that is related to such an offence; and

(b) the offence was committed against or involving a child under 16.

(8)

(1) Condition E (automatic inclusion: overseas offence) is that on or after 28th February 2007 the person has been found to have done an act which—

(a) constituted an offence under the law in force in a country outside the United Kingdom; and

(b) would constitute an offence mentioned in sub-paragraph (2) if it had been done in any part of the United Kingdom.

(2) Sub-paragraph (1)(b) applies in relation to—

(a) any offence set out in Parts 2 and 3 of this Schedule;

(b) any offence set out in Part 4 of this Schedule committed against or involving a child ;

(c) any offence set out in Part 5 of this Schedule committed against or involving a child under 16; or

(d) any offence that is related to an offence mentioned in paragraphs (a) to (c).

(3) In sub-paragraph (1) a person has been “found to have done an act which constituted an offence” if, under the law in force in a country outside the United Kingdom—

(a) he has been convicted of an offence (whether or not he has been punished for it);

(b) he has been cautioned in respect of an offence;

(c) a court exercising jurisdiction under that law has made in respect of an offence a finding equivalent to a finding that he is not guilty by reason of insanity; or

(d) such a court has made in respect of an offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence.

(4) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of sub-paragraphs (1) and (3) however it is described in that law.

(9) Condition F (automatic inclusion: risk of sexual harm orders) is that on or after 28th February 2007 the person has been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 .

(10) Conditions C to E apply only if the person was aged 18 or over on the date the offence was committed.

(11) If the person was convicted of the offence before 28th February 2007, conditions C and D only apply if the person was carrying out work to which section 142 of the 2002 Act applies before he was convicted.

(12) In this Part a person has been “found to have committed” an offence if he has been—

(a) convicted of an offence;

(b) cautioned by a police officer after he has admitted an offence;

(c) found not guilty of an offence by reason of insanity; or

(d) found to be under a disability and to have done the act charged against him in respect of such an offence.

(13) In this Part an offence is “related to” an offence if it is an offence of—

(a) attempting, conspiring or incitement to commit that offence; or

(b) aiding, abetting, counselling or procuring the commission of that offence.

(14) In this Part “relevant specified date” means—

(a) in relation to a person who has been convicted of an offence set out in Parts 2 to 5 of this Schedule or an offence of attempting to commit such an offence, the relevant date specified in relation to the substantive offence in Part 2, 3, 4 or 5;

(b) in relation to a person who has been convicted of any other offence that is related to an offence set out in Parts 2 to 5, 28th February 2007;

(c) in relation to a person who has been found to have committed an offence set out in Parts 2 to 5 or an offence that is related to such an offence other than by having been convicted the offence, 28th February 2007.

(15) In relation to an offence which is committed over a period of time, the references in paragraphs 3(c), 4(c) and 10 to the date on which the offence is committed are to be read as references to the last day of that period.

Offences for the purpose of conditions C and D1: offences against person of any age

Offences in England and Wales

Offences in Scotland

Offences in Northern Ireland

Offences for the purpose of condition D2: offences against person of any age

Offences in England and Wales

Offences in Scotland

Offences in Northern Ireland

Offences for the purpose of condition D3: offences against or involving a child

Offences in England and Wales and, where relevant, Scotland or Northern Ireland

Offences in Scotland

Offences in Northern Ireland

Offences for the purpose of condition D4: offences against or involving a child under 16

Offences in England and Wales

Offences in Scotland