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

(1)

The Education (Non-Maintained Special Schools) (England) Regulations 1999^f1 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^f2 which includes suitability information relating to children within the meaning of section 113BA(2)^f3 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^f4 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”.

Annotations

Footnotes

f1: 1999/2257 as amended by S.I. 2007/1088.
f2: 1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15). Sub-section (2) of section 113B is amended by the Safeguarding Vulnerable Groups Act 2006.
f3: Section 113BA was inserted by the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 63(1), Schedule 9, Part 2, paragraph 14(1) and (4) and amended by section 170(2) of the Education and Inspections Act 2006 (c. 40) and the Education and Skills Act 2008, section 169, Schedule 1, Part 1, paragraph 12(a) and (b).
f4: 2006 c. 47. S.I. 2009/1797 specifies that, for the purposes of section 3(2)(b), the list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups Act Order 2007 (S.I. 2007/1351 (N.I. 11)) (i.e. the children’s barred list for Northern Ireland) is a list that corresponds to the children’s barred list established and maintained under section 2(1)(a) of the Safeguarding Vulnerable Groups Act 2006.