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(Prohibition from Teaching Or Working with Children) (Amendment) Regulations [….]

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(Prohibition from Teaching Or Working with Children) (Amendment) Regulations [….] S T A T U T O R Y I N S T R U M E N T S [….] No. [....] EDUCATION, ENGLAND AND WALES The Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations [….] Made - - - - [....] Laid before Parliament [....] Coming into force - - [....] The Secretary of State for Education and Skills makes the following Regulations in exercise of the powers conferred by sections 142, 144, 210 and 214 of the Education Act 2002(a): Citation and commencement 1. These Regulations may be cited as the Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations [….] and come into force on [……]. 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(b) are amended as follows. 3. In regulation 2— (1) after the definition of “child” insert— ì“condition D” means any of conditions D1 to D5;î; (2) for the definition of “disqualification order” substitute— ì“disqualification order” has the same meaning as in section 30 of the Criminal Justice and Court Services Act 2000(c);î. 4. For regulation 8 substitute the following regulations— Automatic prohibition: direction ì8.—(1) Subject to paragraph (18), this regulation applies if, in relation to a person— (a) any of conditions A to F are satisfied; and (b) if any of conditions C to E are satisfied, the requirements of paragraphs (13) and (14) are also satisfied. (a) 2002 c. 32. (b) S.I. 2003/1184; amended by S.I. 2004/1493 (“the 2003 Regulations”). (c) 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. (2) If the Secretary of State is satisfied that this regulation applies to a person the Secretary of State must direct under section 142(1)(a) of the 2002 Act(a) 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(b) (c. 14) (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) 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). (4) 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 [date of commencement], 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. (5) Condition C (automatic bar: Schedule 2 offences committed in previous 10 years against under 16s) is that— (a) on or after the relevant date specified in Schedule 2 the person has been found to have committed an offence under a provision set out in Schedule 2; (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 proposes to give the direction. (6) Condition D1 (automatic inclusion: Schedule 2 offences committed against 16 and 17 year olds or committed more than 10 years previously against under 16s) is that— (a) on or after the relevant date specified in Schedule 2 the person has been found to have committed an offence or related offence under a provision set out in Schedule 2; (b) the offence was committed against or involving— (i) a child under 16; or (ii) if the finding is on or after [date of commencement], a child under 18; and (c) if the offence (not including a related offence) was committed against a child under 16, the offence was committed more than 10 years before the date on which the Secretary of State proposes to give the direction. (7) Condition D2 (automatic inclusion: Part 1 of Schedule 2 offences committed against adults) is that— (a) on or after [date of commencement] the person has been found to have committed an offence or related offence under a provision set out in Part 1 of Schedule 2; (b) the offence was committed against or involving a person aged 18 or over. (8) Condition D3 (automatic inclusion: Part 1 of Schedule 3 offences) is that— (a) on or after the relevant date specified in Part 1 of Schedule 3 the person has been found to have committed an offence or related offence under a provision set out in Part 1 of Schedule 3; (b) the offence was committed against or involving— a) Regulation 2 of the 2003 Regulations provides that “the 2002 Act” means the Education Act 2002. (b) 1999 c. 14; section 1 was amended by sections 95 to 98 of the Care Standards Act 2000 (c. 14). 2 (i) a child under 16; or (ii) if the finding is on or after [date of commencement], any person. (9) Condition D4 (automatic inclusion: Part 2 of Schedule 3 offences) is that— (a) on or after the relevant date specified in Part 2 of Schedule 3 the person has been found to have committed an offence or related offence under a provision set out in Part 2 of Schedule 3; (b) the offence was committed against or involving— (i) a child under 16; or (ii) if the finding is on or after [date of commencement], a child under 18. (10) Condition D5 (automatic inclusion: Part 3 of Schedule 3 offences) is that— (a) on or after the relevant date specified in Part 3 of Schedule 3 the person has been found to have committed an offence or related offence under a provision set out in Part 3 of Schedule 3; (b) the offence was committed against or involving a child under 16. (11) Condition E (automatic inclusion: overseas offences) is that— (a) on or after [date of commencement] the person has been found to have committed an offence outside the United Kingdom which, if committed in England and Wales, would be an offence satisfying the requirements of condition C or D; and (b) the person is resident in England and Wales. (12) Condition F (automatic inclusion: risk of sexual harm orders) is that on or after [date of commencement] 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(a) or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland Act) 2005(b). (13) Conditions C to E apply only if the person was aged 18 or over at the time the offence was committed. (14) If the person was convicted of the offence (including a related offence) before [date of commencement], conditions C to E only apply if the person was carrying out work to which section 142 of the 2002 Act applies before he was convicted. (15) In this regulation a person has been “found to have committed an offence” if— (a) he has been convicted of an offence; or (b) on or after [date of commencement] he has been— (i) cautioned by a police officer after he has admitted an offence; (ii) found not guilty of an offence by reason of insanity; or (iii) found to be under a disability and to have done the act charges against him in respect of such an offence. (16) In this regulation “a related offence” means an offence of— (a) attempting to commit an offence; or (b) on or after [date of commencement]— (i) conspiring or incitement to commit an offence; or (ii) aiding, abetting, counselling or procuring the commission of an offence. (17) In relation to an offence which is committed over a period of time, the references in paragraphs (5)(c), (6)(c) and (13) to the date on which the offence is committed are to be read as references to the last day of that period. (a) 2003 c. 42. (b) 2005 asp 9. 3 (18) 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. (19) In these Regulations, any reference to a direction given under regulation 8 includes a direction given under regulation 8 before [date of commencement]. Automatic prohibition: right to make representations 8A.—(1) This regulation applies if, on or after [date of commencement] the Secretary of State has given a direction to a person (“X”) under regulation 8 because condition D, E or F is satisfied. (2) Subject to paragraph (4), if this regulation applies 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.
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