Safeguarding Vulnerable Groups Act 2006 (c. 47)

SCHEDULES

SCHEDULE 9 E+W Amendments

Part 1 E+W Existing lists

Teaching and Higher Education Act 1998 (c. 30) E+W

2 E+W The Teaching and Higher Education Act 1998 is amended as follows.

Commencement Information

I1 Sch. 9 para. 2 in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(c)

I2 Sch. 9 para. 2 in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(l)(3)(h)

I3 Sch. 9 para. 2 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

3 E+W Section 2(4) (advisory functions of General Teaching Council) is omitted.

Commencement Information

I4 Sch. 9 para. 3 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.

4 E+W In section 3(3) (eligibility for registration), after paragraph (a) insert—

“(aa) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006),”.

Commencement Information

I5 Sch. 9 para. 4 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.

5 (1) Section 15 (supply of information following dismissal etc) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a) for “a person's services on a ground mentioned in section 142 of the Education Act 2002” substitute “ the services of a registered teacher on a ground mentioned in subsection (1A) ”;

(b) in paragraph (b)—

(i) for “a person's” substitute “ a registered teacher's ”;

(ii) for “section” substitute “ subsection ”;

(iii) for “the person” substitute “ the teacher ”.

(3) After subsection (1) insert—

“(1A) The grounds are—

(a) misconduct;

(b) professional incompetence;

(c) conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.”

(4) In subsection (2)—

(a) for “a person” substitute “ a teacher ”;

(b) for the words from “such of the following” to the end substitute “ the Council ”.

(5) In subsection (3)—

(a) for “a person” substitute “ a teacher ”.

(b) for the words from “such of the following” to the end substitute “ the General Teaching Council for Wales ”.

(6) Omit subsection (4).

(7) In subsection (5) for the definition of “relevant employer” substitute—

““relevant employer” means—

(a) a local education authority;

(b) a person exercising a function relating to the provision of education on behalf of a local education authority;

(c) the proprietor of a school;

(d) the governing body of a further education institution;

“education” includes vocational, social, physical and recreational training;

“proprietor” and “school” have the meanings given in the Education Act 1996;

“further education institution” has the meaning given in section 140 of the Education Act 2002;”.

Commencement Information

I6 Sch. 9 para. 5 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

I7 Sch. 9 para. 5(1) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(iii)

I8 Sch. 9 para. 5(1) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(l)(3)(c)

I9 Sch. 9 para. 5(2)(3)(6)(7) in force at 17.12.2008 for specified purposes for E. by S.I. 2008/3204, art. 2(b)(i)

I10 Sch. 9 para. 5(2)(3)(6)(7) in force at 20.1.2009 for E. so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(a)

I11 Sch. 9 para. 5(4) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(ii)

I12 Sch. 9 para. 5(4) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(b)

6 (1) Section 15A (supply of information by contractor, agency, etc) is amended as follows. E+W

(2) In subsection (1) for “another person (the “worker”)” substitute “ a registered teacher (the “teacher”) ”.

(3) In subsection (2)—

(a) in paragraph (a) for “section 142 of the Education Act 2002” substitute “ section 15(1A) ”;

(b) in paragraph (b) for “section” substitute “ subsection ”;

(c) in paragraph (c)—

(i) for “worker” substitute “ teacher ”;

(ii) for “section” substitute “ subsection ”.

(4) In subsection (3)—

(a) for “worker” substitute “ teacher ”;

(b) for the words from “such of the following” to the end substitute “ the Council ”.

(5) In subsection (4)—

(a) for “worker” substitute “ teacher ”;

(b) for the words from “such of the following” to the end substitute “ the General Teaching Council for Wales ”.

(6) In subsection (9)—

(a) for “Subsections (4) and” substitute “ Subsection ”;

(b) for “they apply” substitute “ it applies ”.

Commencement Information

I13 Sch. 9 para. 6 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

I14 Sch. 9 para. 6(1) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(vi)

I15 Sch. 9 para. 6(1) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(l)(3)(f)

I16 Sch. 9 para. 6(2)(3)(6) in force at 17.12.2008 for specified purposes for E. by S.I. 2008/3204, art. 2(b)(iv)

I17 Sch. 9 para. 6(2)(3)(6) in force at 20.1.2009 for E. so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(d)

I18 Sch. 9 para. 6(4) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(v)

I19 Sch. 9 para. 6(4) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(e)

7 E+W In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from “of the powers exercisable” to the end substitute “ of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006 ”.

Commencement Information

I20 Sch. 9 para. 7 in force at 17.12.2008 for specified purposes for E. by S.I. 2008/3204, art. 2(b)(vii)

I21 Sch. 9 para. 7 in force at 20.1.2009 for E. so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(g)

I22 Sch. 9 para. 7 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.