Explanatory note
(This note is not part of the Regulations)
These Regulations amend regulation 10 of the Education (Teachers) Regulations 1993 (“the principal Regulations”). Regulation 10 relates to the barring or restricting of employment of persons in relevant employment by the Secretary of State. “Relevant employment”is defined by regulation 7 of the principal Regulations, as substituted by regulation 3 of the Education (Teachers) (Amendment) Regulations 1994 (S.I. 1994/222). Regulation 7, as so substituted, provides that—
“(1)Any reference in this Part to relevant employment is, subject to paragraph (2), a reference to employment—
(a)by a local education authority, as teachers (whether or not at a school or further education institution) or as workers with children or young persons;
(b)by any other body, as teachers at a school or further education institution; or
(c)by the governing body of a school or further education institution as workers with children or young persons.
(2)In regulation 10, any reference to relevant employment also includes employment—
(a)by the proprietor of an independent school, as teachers or workers with children or young persons; and
(b)at an independent school, as teachers or as workers with children or young persons.”.
The principal change effected by these Regulations is that, where a person is convicted of an offence listed in Schedule 4 to the principal Regulations, as inserted by regulation 3 and the Schedule to these Regulations, involving a child under the age of 16, or an attempt to commit such an offence, the Secretary of State is under a duty—
where that person is in relevant employment, to direct his employers to terminate his employment and to direct that he is not to be subsequently appointed to or employed in relevant employment, and
where that person is not in relevant employment, to direct that he is not to be subsequently appointed to or employed in relevant employment.
A direction given under regulation 10 of the principal Regulations may, as amended by these Regulations, be withdrawn or varied by reason of (a) information which the Secretary of State did not have at the time of the earlier direction or (b) evidence before the Secretary of State of a material change in the circumstances of the person concerned occurring since the earlier direction.
Where a direction given under regulation 10(10) is varied, it may be varied so that the person concerned is only to be appointed to or employed in relevant employment subject to any specified conditions.
Where the Secretary of State is considering exercising powers under regulation 10(2) of the principal Regulations on the grounds of a person’s misconduct or is considering withdrawing or varying a direction given on those grounds or a direction required to be made following a person’s conviction of an offence listed in Schedule 4 or an attempt to commit such an offence, the Secretary of State is now empowered to require that the person concerned be medically examined. If the person fails to do so without good reason, the Secretary of State can reach a decision on the evidence and information available.
Modifications are made to regulation 10(4) of the principal Regulations, which applies when the Secretary of State is considering exercising powers under regulation 10(2) on medical grounds or is considering withdrawing or varying a direction given on those grounds. The Secretary of State is no longer obliged to arrange a medical examination at the request of the person concerned.