Safeguarding Vulnerable Groups Act 2006 (c. 47)

SCHEDULES

SCHEDULE 9 E+W Amendments

Part 1 E+W Existing lists

Yn ddilys o 12/10/2009

Children Act 1989 (c. 41) E+W

1 E+W In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert—

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

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)

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

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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),”.

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

I2 Sch. 9 para. 5(1) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(iii)

I3 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)

I4 Sch. 9 para. 5(4) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(ii)

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

I5 Sch. 9 para. 6(1) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(vi)

I6 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)

I7 Sch. 9 para. 6(4) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(v)

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

I8 Sch. 9 para. 7 in force at 17.12.2008 for specified purposes for E. by S.I. 2008/3204, art. 2(b)(vii)

Yn ddilys o 12/10/2009

Protection of Children Act 1999 (c. 14) E+W

8 (1) The Protection of Children Act 1999 is amended as follows. E+W

(2) Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted.

(3) In section 9 (the Tribunal)—

(a) in subsection (1), omit the words from “ which shall exercise ” to the end;

(b) in subsection (2)—

(i) omit paragraphs (a) and (b);

(ii) in paragraph (d), for “68, 86, 87 or 88” substitute “ or 68 ”;

(iii) omit paragraph (e);

(c) omit subsection (3A).

(4) In section 12 (interpretation)—

(a) in subsection “ (1) ”, omit all the definitions except the definition of “prescribed”;

(b) omit subsections “ (2) to (3A) ”.

Yn ddilys o 12/10/2009

Care Standards Act 2000 (c. 14) E+W

9 E+W Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted.

Childcare Act 2006 E+W

10 (1) In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert— E+W

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

Commencement Information

I9 Sch. 9 para. 10 in force at 19.5.2008 by S.I. 2008/1320, art. 2(d)