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

• Citation: S.I. 2009/1924
• Sections: 13

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009 and come into force on 12th October 2009.

(2) These Regulations apply to England only.

Section 2 Amendments to the Education (Non-Maintained Special Schools) (England) Regulations 1999

(1) The Education (Non-Maintained Special Schools) (England) Regulations 1999 are amended as follows.

(2) In regulation 2—

(a) in paragraph (1)—

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

(ii) for the definition of “enhanced criminal record certificate” substitute—

“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;

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

(c) in sub-paragraph (c) of paragraph (1C), after “is not” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or” .

(3) In sub-paragraph (b) of paragraph 3C(2) of the Schedule, after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.

Section 3 Amendments to the General Teaching Council for England (Constitution) Regulations 1999

The General Teaching Council for England (Constitution) Regulations 1999 are amended as follows—

(a) in paragraph (2)(a) of regulation 5, after “he is”, insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and

(b) in paragraph (5)(a) of regulation 10, after “he is”, insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.

Section 4 Amendment to the School Companies Regulations 2002

After paragraph 8 of the Schedule to the School Companies Regulations 2002 , insert—

(8A) a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;

Section 5 Amendment to the School Companies (Private Finance Initiative Companies) Regulations 2002

After paragraph 8 of Schedule 1 to the School Companies (Private Finance Initiative Companies) Regulations 2002 , insert—

(8A) a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;

Section 6 Amendments to the Education (Independent School Standards) (England) Regulations 2003

(1) The Education (Independent School Standards) (England) Regulations 2003 are amended as follows.

(2) In regulation 4—

(a) in paragraph (1)—

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

(ii) for the definition of “enhanced criminal record certificate” substitute—

“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;

(b) in sub-paragraph (a) of paragraph (2), omit “and the application for the certificate is accompanied by a children’s suitability statement”.

(3) In the Schedule—

(a) in paragraph (d) of paragraph 4(2), after “no such person” insert “is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”;

(b) in sub-paragraph (6) of paragraph 4B, for the words from “no such person” to the end of the sub-paragraph insert—

no such person—

is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or”, or

carries out work , or intends to carry out work, at the school in contravention of any direction made under section 142 of the Education Act 2002 or any disqualification, prohibition or restriction which takes effect as if contained in such a direction.

(c) in paragraph (b) of paragraph 4C(2) after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.

Section 7 Amendment to the Education (Provision of Information by Independent Schools) (England) Regulations 2003

For paragraph (2) of regulation 4 of the Education (Provision of Information by Independent Schools) (England) Regulations 2003 , 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” 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.

Section 8 Amendments to the School Staffing (England) Regulations 2003

(1) The School Staffing (England) Regulations 2003 are amended as follows.

(2) In regulation 3—

(a) in paragraph (1)—

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

(ii) after the definition of “employment business”, 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;

(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 or”.

(3) In regulation 11—

(a) in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;

(b) in sub-paragraph (b) of paragraph (8), after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and

(c) in sub-paragraph (b) of paragraph (11), omit “, with a children’s suitability statement,”.

(4) In sub-paragraph (a)(ii) of regulation 15A(1) , omit “accompanied by a children’s suitability statement”.

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

(6) In regulation 20—

(a) in paragraph (3), omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”;

(b) in sub-paragraph (b) of paragraph (8), after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”; and

(c) in sub-paragraph (b) of paragraph (11), omit “, with a children’s suitability statement,”.

(7) In sub-paragraph (a)(ii) of paragraph (1) of regulation 24A , omit “accompanied by a children’s suitability statement”.

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

Section 9 Amendments to the Further Education (Providers of Education) (England) Regulations 2006

(1) The Further Education (Providers of Education) (England) Regulations 2006 are amended as follows.

(2) In regulation 3—

(a) in paragraph (1)—

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

(ii) for the definition of “enhanced criminal record certificate” substitute—

“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;

(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 (4) of regulation 5, after “whether he is” insert “barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is”.

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

(5) In sub-paragraph (b) of regulation 17(2), omit “a children’s suitability statement has been submitted and”.

(6) In paragraph (4) of regulation 18, after “whether he 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 the Schedule—

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

Section 10 Amendment to the School Governance (Constitution) (England) Regulations 2007

In Schedule 6 to the School Governance (Constitution) (England) Regulations 2007 —

(a) after 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;

(b) in paragraph 11, substitute “section 113B” for “section 113A”.

Section 11 Amendment to the School Governance (New Schools) (England) Regulations 2007

In Schedule 2 to the School Governance (New Schools) (England) Regulations 2007 —

(a) after paragraph (b) of paragraph 8, insert—

(ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;

(b) in paragraph 10, substitute “section 113B” for “section 113A”.

Section 12 Amendment to the School Organisation (Requirements as to Foundations) (England) Regulations 2007

In paragraph 1 of the Schedule to the School Organisation (Requirements as to Foundations) (England) Regulations 2007 , after paragraph (b), insert—

(ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;

Section 13 Amendment to the Education (Pupil Referral Units) (Management Committees etc. (England) Regulations 2007

In Schedule 2 to the Education (Pupil Referral Units) (Management Committees etc.) (England) Regulations 2007 —

(a) after paragraph (b) of paragraph 8, insert—

(ba) barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;

(b) in paragraph 10, after “section 113A”, insert “or, where applicable, section 113B”.