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

W.S.I. 2009/2544 · made 17 September 2009 · revised to 14 February 2024

These Regulations make amendments to various sets of regulations made under the Education Act 1996 (c. 56), the School Standards and Framework Act 1998 (c. 38), and the Education Act 2002 (c. 32) to reflect changes that will arise as a result of the commencement (on 12 October 2009) of the barring provisions in the Safeguarding Vulnerable Groups Act 2006 (c. 47) (“the SVGA”) and the commencement of new provisions (inserted by the SVGA) in the Police Act 1997 (c. 50).

Made under: Education Act 1996 (Section 342, Section 569); School Standards and Framework Act 1998 (Section 21, Section 138, Section 72); Education Act 2002 (Section 19, Section 34, Section 35, Section 36, Section 136, Section 157, Section 168, Section 210, Section 214)

PDFs: Printed copy https://openlegislation.uk/education-miscellaneous-amendments-relating-to-safeguarding-children-wales-regulations-2009/pdf/wsi_20092544_mi.pdf

## Introductory text

EDUCATION, WALES
Made 17 September 2009
Laid before the National Assembly for Wales 21 September 2009
Coming into force 12 October 2009
The Welsh Ministers in exercise of the powers conferred on the Secretary of State by section 342(2), (4) and (5), section 569 of the Education Act 1996 and by section 21(5) and (6), section 138(7) and (8) and section 72 of the School Standards and Framework Act 1998, and in exercise of the powers conferred on the National Assembly for Wales by section 19(3), section 34(5), section 35(4) and (5), section 36(4) and (5), section 136(c), section 157(1), section 168(1) and (2), section 210(7) and section 214(1) and (2) of the Education Act 2002, and now vested in them make the following Regulations:

## 1 Title and commencement

(1) The title of these Regulations is the Education (Miscellaneous Amendments relating to Safeguarding Children) (Wales) Regulations 2009 and they come into force on 12 October 2009.
(2) These Regulations apply in relation to Wales.

## 2 Amendments to the Education (Special Schools) Regulations 1994

(1) The Education (Special Schools) Regulations 1994 are amended as follows.
(2) In regulation 7—
(a) in paragraph (1), after sub-paragraph (b), insert—
“(ba) a direction under section 142(8) of the Education Act 2002;”; and
(b) after paragraph (1), insert—
“(1A) The Welsh Ministers may withdraw their approval for a school on the ground that, in the case of that school, it has employed a person who is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006.”.

## 3 Amendments to the Education (Foundation Body) (Wales) Regulations 2001

(1) The Education (Foundation Body) (Wales) Regulations 2001 are amended as follows.
(2) In paragraph 5 of Schedule 2—
(a) in sub-paragraph (1), after “restricted”, insert “, or is subject to a direction under section 142 of the Education Act 2002, or is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006.”.

## 4 Amendments to the Independent School Standards (Wales) Regulations 2003

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 5 Amendments to the Independent Schools (Provision of Information) (Wales) Regulations 2003

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

## 6 Amendments to the Government of Maintained Schools (Wales) Regulations 2005

In Schedule 5 to the Government of Maintained Schools (Wales) Regulations 2005—
(a) after sub-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;
(bb) subject to a direction by the appropriate authority under section 167A of the Education Act 2002;”; and
(b) in paragraph 12, substitute “113B” for “113”.

## 7 Amendments to the Staffing of Maintained Schools (Wales) Regulations 2006

(1) The Staffing of Maintained Schools (Wales) 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) where appropriate, 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;”; and
(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 paragraph (2) of regulation 9A and paragraph (2) of regulation 20A, omit “, and the application for such a certificate must be accompanied by a children’s suitability statement”.
(4) In regulation 15A—
(a) in sub-paragraph (a)(ii) of paragraph (1), omit “accompanied by a children’s suitability statement”;
(b) in paragraph (2), substitute “more” for “less”; and
(c) in paragraph (6) after sub-paragraph (b) insert—
“(ba) a check to establish if he or she is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006;”.
(5) In regulations 18A and 26A, omit “, and the application for such a certificate must be accompanied by a children’s suitability certificate”.
(6) In regulation 24A—
(a) in sub-paragraph (a)(ii) of paragraph (1), omit “accompanied by a children’s suitability statement”; and
(b) in paragraph (2), substitute “more” for “less”.

## 8 Amendments to the Persons Providing Education at Further Education Institutions in Wales (Conditions) Regulations 2007

(1) The Persons Providing Education at Further Education Institutions in Wales (Conditions) Regulations 2007 are amended as follows.
(2) In regulation 3—
(a) in paragraph (1)—
(i) omit the definition of “children’s suitability statement”, and
(ii) in the definition of “enhanced criminal record certificate”, after “1997”, insert “which includes suitability information relating to children within the meaning of section 113BA(2) of the Police Act 1997 of that Act”; and
(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 (d) of regulation 5, after “whether the person 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 (ii) of paragraph (b) of regulation 17, omit “a children’s suitability statement has been submitted and”.
(6) In paragraph (d) of regulation 18, after “whether the person 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 Schedule 1—
(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 (b), 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 (f)(ii), omit “and a children’s suitability statement submitted”.

## Signature

Jane Hutt
Minister for Children, Education, Lifelong Learning and Skills, one of the Welsh Ministers
17 September 2009

## Explanatory note

(This note is not part of the Regulations)
These Regulations make amendments to various sets of regulations made under the Education Act 1996 (c. 56), the School Standards and Framework Act 1998 (c. 38), and the Education Act 2002 (c. 32) to reflect changes that will arise as a result of the commencement (on 12 October 2009) of the barring provisions in the Safeguarding Vulnerable Groups Act 2006 (c. 47) (“the SVGA”) and the commencement of new provisions (inserted by the SVGA) in the Police Act 1997 (c. 50).
Until 12 October 2009, information as to whether a person is barred from working with children is available with a standard or an enhanced criminal record certificate. The barred information included in a criminal record certificate currently does not include information as to whether a person is on the children’s barred list established under section 2 of the SVGA. The children’s barred list is established and maintained by the Independent Safeguarding Authority (“ISA”); the ISA is referred to in the SVGA as the Independent Barring Board (or IBB) but this is likely to be amended in the near future by primary legislation and substituted by a reference to the ISA.
In some of the regulations being amended, the amendments made by these Regulations add a reference to whether a person is barred from working with children under the SVGA to the references to the barring provisions pre-dating the SVGA. In addition, the amendments to regulations 2(2) and 3(2) add a reference to whether a person is subject to a direction under section 142 of the Education Act 2002 to the references to the barring provisions pre-dating the SVGA, as there may be persons subject to such a direction in respect of whom it has not been determined to add them to the list of people barred from working with children under the SVGA.
These Regulations also align provisions in the regulations being amended (which relate to barred checks) with new provisions in the Police Act 1997 (inserted by the SVGA) which will apply from 12 October 2009. For example, amendments have been made to remove references to “children’s suitability statement” and to update the amended regulations, where necessary, with references to “suitability information relating to children” within the meaning of section 113BA(2) of the Police Act 1997.
From 12 October 2009, information as to whether a person is barred from working with children will only be provided with an enhanced criminal record certificate in cases prescribed under section 113BA of the Police Act 1997. Amendments to some of the regulations have been included to reflect this to ensure that where information as to whether a person is barred is currently obtained, it will continue to be available from 12 October 2009.
From 12 October 2009, a certificate which states that someone is barred from working with children will mean that the person is either on one of the current barred lists or is barred from working with children under the new SVGA scheme. A check in relation to both the current lists and the new children’s barred list under the SVGA will continue to be required for a period of time from 12 October 2009 until the ISA has made a decision whether to transfer an individual to the children’s barred list in relation to all relevant cases. Relevant cases are where an individual is still on one of the existing lists or where a case is still being determined after 12 October 2009 (for limited purposes) under the old regime.

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Source: https://www.legislation.gov.uk/wsi/2009/2544 (the official version)
Page: https://openlegislation.uk/education-miscellaneous-amendments-relating-to-safeguarding-children-wales-regulations-2009
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.