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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2007/20070195.html

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STATUTORY INSTRUMENTS

2007 No. 195

EDUCATION, ENGLAND AND WALES

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

  Made 29th January 2007 
  Laid before Parliament 7th February 2007 
  Coming into force 28th February 2007 

The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 142, 144 and 210(7) of the Education Act 2002[1]:

Citation and commencement
     1. 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.

Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003
     2. The Education (Prohibition from Teaching or Working with Children) Regulations 2003[2] are amended as follows.

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

    (2) In regulation 2—

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

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

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

     7. After regulation 10 insert—

     8. In regulation 11—

     9. In regulation 12(1) (appeals)—

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





Parmjit Dhanda
Parliamentary Under Secretary of State Department for Education and Skills

29th January 2007


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Education (Prohibition from Teaching or Working with Children) Regulations 2003 (S.I. 2003/1184) as amended by S.I. 2004/1493 ("the 2003 Regulations").

Regulation 4 of these Regulations substitutes a new regulation 8, extending the circumstances in which the Secretary of State must give a direction under section 142(1)(a) of the Education Act 2002 (c. 32). A person who is the subject of a direction under section 142(1)(a) is prohibited from carrying out any work with children to which section 142 applies. Regulation 10 of these Regulations substitutes new Schedule 2 which sets out the detailed conditions relating to regulation 8.

These Regulations extend the circumstances in which the Secretary of State must give a direction in the following ways:

So far as these Regulations extend the circumstances in which the Secretary of State must give a direction, they do so only in relation to convictions etc. after the date on which these Regulations come into force.

These Regulations narrow the circumstances in which the Secretary of State must give a direction in one way, relating to offences where the court has decided not to give a disqualification order (see substituted regulation 8(3)).

In some circumstances where the Secretary of State is required to give a direction these Regulations create a new right for the individual to make representations to the Secretary of State (see new regulation 8A inserted by regulation 4 of these Regulations). If, after consideration of the representations, it appears to the Secretary of State that the person is not unsuitable to work with children, he must revoke the direction. This right to make representations and the consequent function of the Secretary of State in relation to revoking the direction only apply where a person is subject to a direction by virtue of condition D, E or F – namely:

If, following this consideration of a person's representations under the new regulation 8A, the Secretary of State refuses to revoke a direction, the person may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999 (c. 14) ("the Care Standards Tribunal") (see sub-paragraph (aa) of regulation 12(1) of the 2003 Regulations inserted by regulation 9(a) of these Regulations).

These Regulations create a new right to apply to the Care Standards Tribunal for a review (see new regulation 10A inserted by regulation 7 of these Regulations) where a person was given a direction under regulation 8 of the 2003 Regulations (or the similar provision in earlier Regulations) prior to these Regulations coming into force. There are exceptions to this right of review where a person satisfies any of conditions A to C - namely:

The Tribunal may, on hearing the review, revoke a direction if it satisfied that the person is no longer unsuitable to work with children (see regulation 10 of the 2003 Regulations, as amended by regulation 6 of these Regulations).

Regulations 3, 5, 8 and 9(b) of these Regulations make amendments consequential on the changes made by the new regulations 8 and 10A inserted by these Regulations.

Notes:

 [1] 2002 c. 32.back

[2] S.I. 2003/1184; amended by S.I. 2004/1493 ("the 2003 Regulations").back

[3] 2000 c. 43; section 30, as amended by paragraph 3 of Schedule 30 to the Criminal Justice Act 2003 (c. 44), provides that references to a disqualification order are to an order under section 28, 29 or 29A of that Act.back

[4] Regulation 2 of the 2003 Regulations provides that "the 2002 Act" means the Education Act 2002.back

[5] 1999 c. 14; section 1 was amended by sections 95 to 98 of the Care Standards Act 2000 (c. 14).back

[6] Regulation 2 of the 2003 Regulations provides that "the 2000 Regulations" means the Education (Restriction of Employment) Regulations 2000 (S.I. 2000/2419).back

[7] Section 142(9) of the 2002 Act provides that "child" means a person who has not attained the age of 18 years.back

[8] 2003 c. 42; section 123 extends to Northern Ireland (see section 142(2)(c)).back

[9] 2005 asp9.back

[10] 1956 c. 69; section 1 was substituted by section 142 of the Criminal Justice and Public Order Act 1994 (c. 33) ("the 1994 Act") and repealed by paragraph 11 of Schedule 6 to the Sexual Offences Act 2003 (c. 42) ("the 2003 Act"). Sections 4 to 7, 10 to 16, 22, 23, 25, 26, 28, 30 and 31 (referred to in this Part and in Part 3) were also repealed by this provision of the 2003 Act.back

[11] 2003 c. 42.back

[12] 1976 c. 67; the Sexual Offences (Scotland) Act 1976 was repealed by paragraph 6 of Schedule 1 to the Crime and Punishment (Scotland) Act 1997 (c. 48).back

[13] 1995 c. 39.back

[14] 1885 c. 69; section 4 was amended by section 13(2) of the Children and Young Persons Act (Northern Ireland) 1950 (c. 5) (N.I.).back

[15] 1968 c. 60; section 9, in relation to intent to commit rape, was repealed by paragraph 17 of Schedule 6 to the 2003 Act.back

[16] 1969 c. 16 (N.I.); section 9, in relation to intent to commit rape, was amended by the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247) (N.I. 13).back

[17] 1938 c. 36.back

[18] Section 6 was repealed in part by Schedule 2 to the Criminal Law Act 1967 (c. 58) and in full by the 2003 Act.back

[19] Section 12 was amended by section 143 of the 1994 Act and sections 1 and 2 of the Sexual Offences (Amendment) Act 2000 (c. 44) ("the 2000 Act") and repealed by the 2003 Act.back

[20] Section 13 was amended by section 2 of the 2000 Act and repealed by the 2003 Act.back

[21] Section 26 was repealed in part by section 10 of, and Schedule 2 to, the Criminal Law Act 1967 (c. 58) and in full by the 2003 Act.back

[22] 1959 c. 72; section 128 was amended by section 1(4) of the Sexual Offences Act 1967 (c. 60) and by other provisions including paragraph 2 of Schedule 4 to the Care Standards Act 2000, and was repealed by the 2003 Act.back

[23] 1960 c. 33; section 1 was amended by section 39 of the Criminal Justice and Court Services Act 2000 (c. 43) and repealed by the 2003 Act.back

[24] 1967 c. 60; sections 4 and 5 were repealed by the 2003 Act.back

[25] 1971 c. 38; section 4 extends to Scotland and Northern Ireland (see section 40).back

[26] 1977 c. 45; section 54 was repealed by the 2003 Act.back

[27] 1978 c. 37; section 1 was amended by section 84 of the 1994 Act and paragraph 24 of Schedule 6 to the 2003 Act.back

[28] 1979 c. 2; section 170 extends to Scotland and Northern Ireland.back

[29] 1876 c. 36.back

[30] 1988 c. 33; section 160 was amended by section 84 of the 1994 Act and paragraph 29 of Schedule 6 to the 2003 Act.back

[31] 2000 c. 44; section 3 extends to Scotland and Northern Ireland (see section 7(2) and (4)) but was repealed in relation to England and Wales and Northern Ireland by the 2003 Act.back

[32] 2002 c. 41; section 145 extends to Northern Ireland (see section 163(2)) but was repealed by the 2003 Act.back

[33] Sections 15 to 19 extend to Northern Ireland (see section 142(2)(a)).back

[34] Sections 47 to 53 and 57 to 59 extend to Northern Ireland (see section 142(2)(a)).back

[35] Section 62(2) provides the meaning of "relevant sexual offence".back

[36] Section 63(2) provides that "relevant sexual offence" has the same meaning as in section 62.back

[37] 2004 c. 19; section 4 was amended by paragraph 7 of Schedule 6 to the Human Tissue Act 2004 (c. 30) and extends to Scotland and Northern Ireland (see section 49(1) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004).back

[38] Sections 2A to 2C were inserted by section 1 of the Incest and Related Offences (Scotland) Act 1986 (c. 36) but repealed by the Crime and Punishment (Scotland) Act 1997 (c. 48).back

[39] 1980 c. 62; section 80(7) was amended by section 145(2) of the 1994 Act and repealed by Schedule 5 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40).back

[40] 1982 c. 45; section 52 was amended by section 84 of the 1994 Act and section 16 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp9).back

[41] Section 52A was inserted by section 161 of the Criminal Justice Act 1988 (c. 33).back

[42] Section 13 was amended by sections 1 and 2 of the 2000 Act, section 10 of the Convention Rights (Compliance) (Scotland) Act 2001 (asp7) and Schedule 5 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp13).back

[43] 2003 asp7.back

[44] 2003 asp13.back

[45] Section 313 was amended by paragraph 70 of Schedule 28 to the Civil Partnership Act 2004 (c. 33).back

[46] 2005 asp9.back

[47] 1861 c. 100.back

[48] Section 61 was repealed so far as relevant by paragraph 1 of Schedule 1 to The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247) (N.I. 13) ("the 2003 Northern Ireland Order").back

[49] Section 62 was amended by the Schedule to The Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120) (N.I. 13) and repealed so far as relevant by paragraph 2 of Schedule 1 to the 2003 Northern Ireland Order.back

[50] Section 2 was repealed in part by Schedule 6 to the 2003 Act.back

[51] Sections 5 and 6 of the Criminal Law Amendment Act 1885 (c. 69) were amended by subsections (2) and (3) of section 13 of the Children and Young Persons Act (Northern Ireland) 1950 (c. 5) (N.I.).back

[52] Section 7 was amended by Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I. 2).back

[53] Section 11 was repealed by paragraph 5 of Schedule 6 to the 2003 Act.back

[54] 1908 c. 45.back

[55] 1939 c. 5 (N.I.).back

[56] 1968 c. 34 (N.I.); section 21 was amended by paragraph 18(2) of Schedule 6 to the 2003 Act.back

[57] Section 22 was amended by section 40 of the Criminal Justice and Court Services Act 2000 (c. 43).back

[58] S.I. 1978/1047 (N.I. 17); Article 3 was amended by section 84 of the 1994 Act.back

[59] S.I. 1980/704 (N.I. 6).back

[60] S.I. 1986/595 (N.I. 4).back

[61] S.I. 1988/1847 (N.I. 17); Article 15 was amended by section 84 of the 1994 Act.back

[62] S.I. 2003/1247 (N.I. 13); Article 19 was amended by paragraph 52 of Schedule 6 to the 2003 Act.back

[63] Sections 66 and 67 extend to Northern Ireland.back


ISBN 978 0 11 075719 3


 © Crown copyright 2007

Prepared 7 February 2007

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URL: http://www.bailii.org/uk/legis/num_reg/2007/20070195.html