Explanatory note

These Regulations amend the Education (Teachers) Regulations 1993 (“the principal Regulations”).

They require local education authorities, the governing bodies of schools and further education institutions and the proprietors of independent schools to take such steps as are reasonably practicable to prevent a person from providing services falling within section 218(6B) of the Education Reform Act 1988 in certain circumstances. Those circumstances are where the person providing the services, although not employed by those bodies or persons in relevant employment, is, on medical grounds or on grounds of misconduct, the subject of a direction given by the Secretary of State under regulation 10 of the principal Regulations and the effect of the direction would be to prevent the person from being so employed. (regulation 3(4)).

The services referred to in section 218(6B) of the Education Reform Act 1988 are—

• “services provided in relation to the school or institution or persons attending it which—

  1. (a)

     are provided by whatever means and whether under contract or otherwise, and

  2. (b)

     bring the persons providing them regularly into contact with persons who have not attained the age of nineteen years”.

These Regulations also extend the definition of employment for the purposes of Parts III and IV of the principal Regulations to cover employment as teachers otherwise than under contracts of employment (regulations 3(1) to (3) and 4). They also extend the requirements for reporting misconduct accordingly (regulation 3(5)).

These changes take account of amendments made to section 218 of the Education Reform Act 1988 by section 49 of the Education Act 1997.