Regulation 4 Amendments to the Education (Prohibition from Teaching or Working with Children) Regulations 2003

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

“Automatic prohibition: direction

8.

(1)

Subject to paragraph (3), this regulation applies if, in relation to a person—

(a)

any of conditions A to F is satisfied; and

(b)

(i)

if any of conditions C to E is satisfied, paragraph 10 of Part 1 of Schedule 2 is also satisfied; and

(ii)

if condition C or D is satisfied, paragraph 11 of that Part is also satisfied.

(2)

If the Secretary of State is satisfied that this regulation applies to a person he must direct under section 142(1)(a) of the 2002 Act^f1 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^f2 (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)

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.

Automatic prohibition: right to make representations

8A.

(1)

This regulation applies if, on or after 28th February 2007 the Secretary of State has given a direction to a person (“X”) by virtue of regulation 8 because condition D, E or F is satisfied.

(2)

Subject to paragraph (5), 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.

(3)

If it appears to the Secretary of State that X is not unsuitable to work with children, the Secretary of State must revoke the direction.

(4)

A notice is deemed to be served for the purposes of this regulation 48 hours after the date on which it is sent.

(5)

Paragraph (2) does not apply where service cannot be effected by reason of the inability of the Secretary of State to ascertain X’s whereabouts.”.