The Education (Teachers) (Amendment) (No. 2) Regulations 1995

Amendment of the principal Regulations

2.—(1) Regulation 10 of the principal Regulations (barring by the Secretary of State) shall be amended as follows.

(2) In paragraph (2) there shall be inserted after the word “aforesaid” the words “and subject to paragraphs (9) and (10)”.

(3) For paragraph (4) there shall be substituted the following—

“(4) Where the Secretary of State is considering exercising his powers under paragraph (2) on medical grounds or, under paragraph (11), withdrawing or varying any direction given on medical grounds under paragraph (2)—

(a) he shall afford the person concerned an opportunity to submit medical evidence and make representations to him;

(b) he shall consider such evidence and representations and any other medical evidence available to him, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it;

(c) he may require the person concerned to submit himself for examination by a duly qualified medical practitioner appointed by the Secretary of State and, if without good cause the person concerned fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, the Secretary of State may reach a conclusion in the matter on such evidence and information as is available to him, notwithstanding that further medical evidence may be desirable.

(4A) At any time before such medical examination as is referred to in paragraph (4)(c), the Secretary of State, or the person concerned, may submit to the duly qualified medical practitioner appointed by the Secretary of State a statement containing evidence or other matter relevant to the examination: and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.”.

(4) For paragraph (6) there shall be substituted the following—

“(6) Where the Secretary of State is considering exercising his powers under paragraph (2) on grounds of a person’s misconduct, or, under paragraph (11), withdrawing or varying any direction given on grounds of a person’s misconduct, whether under paragraph (2) or paragraph (10), he may require the person concerned to submit himself for examination by a duly qualified medical practitioner appointed by the Secretary of State and, if without good cause the person concerned fails to submit himself for such examination or refuses to make available medical evidence or information sought by the medical practitioner, the Secretary of State may reach a conclusion in the matter on such evidence and information as is available to him, notwithstanding that further medical evidence may be desirable.

(7) At any time before such medical examination as is referred to in paragraph (6), the Secretary of State, or the person concerned, may submit to the duly qualified medical practitioner appointed by the Secretary of State a statement containing evidence or other matter relevant to the examination: and the examination may be attended by any duly qualified medical practitioner appointed for the purpose by the person being examined.

(8) Where, pursuant to paragraph (6), the Secretary of State requires the person concerned to submit himself for such an examination, the Secretary of State shall, without prejudice to his duties under paragraph (5), afford that person the opportunity to submit medical evidence and make representations to him; and the Secretary of State shall consider such evidence and representations and any other medical evidence available to him, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it.

(9) Paragraph (10) applies in the case of a person who is, has been, or seeks to be employed in relevant employment and who, on or after 1st November 1995, has pleaded guilty to or been found guilty of an offence set out in Schedule 4 to these Regulations against or involving a child under the age of sixteen or, who has pleaded guilty to or been found guilty of an attempt to commit any such offence, by or before a court in the United Kingdom.

(10) The Secretary of State, where this paragraph applies, on receipt of a certificate of conviction in respect of any such offence referred to in paragraph (9) committed by the person concerned, shall—

(a) in the case where that person is in relevant employment, direct his employers to terminate his employment and direct that he be not subsequently appointed to or employed in relevant employment;

(b) in the case where that person is not in relevant employment, direct that he be not subsequently appointed to or employed in relevant employment.

(11) A direction given under this regulation (“the earlier direction”) may be withdrawn or varied by a subsequent direction by reason of either or both of the following—

(a) information which the Secretary of State did not have at the time that the earlier direction was given; or

(b) evidence before the Secretary of State of a material change in the circumstances of the person concerned occurring since the earlier direction was given,

but, subject as aforesaid, the employers of persons in relevant employment shall comply with any direction prohibiting or restricting a person’s employment or further employment.

(12) Where under paragraph (11) the Secretary of State varies a direction given under paragraph (10) he may, subject to such qualifications (if any) as he may specify, direct that the person concerned be only appointed to or employed in relevant employment subject to specified conditions.

(13) For the purposes of paragraph (10), “certificate of conviction” shall have the meaning given to it by section 73(2) of the Police and Criminal Evidence Act 1984(1).”

(1)

1984 c. 60.