Education (Prohibition from Teaching or Working with Children) Regulations 2003

Revocations, transitional and modifying provisions

3.—(1) The 2000 Regulations and the Education (Restriction of Employment) (Amendment) Regulations 2001(1) are revoked.

(2) Any prohibition or restriction on a person’s employment in force immediately before 1st June 2003 which—

(a) is contained in a direction under regulation 5 of the 2000 Regulations; or

(b) has effect, by virtue of regulation 2 of the 2000 Regulations, as if so contained,

shall have effect as if it were contained in a direction under section 142 of the 2002 Act.

(3) Any such direction given on the grounds that the person concerned is not a fit and proper person to be employed as a teacher or worker with children or young persons shall have effect as if it were given on the grounds that the person is unsuitable to work with children.

(4) Subject to paragraph (5), any order disqualifying a person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school made under section 470 or 471 of the Education Act 1996(2) shall have effect as if it was a direction under section 142 of the 2002 Act.

(5) Any order disqualifying a person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school made under section 470 or 471 of the Education Act 1996 on the grounds that the person is unsuitable to work with children shall have effect as if it was a direction under section 142 of the 2002 Act given on the grounds that the person is unsuitable to work with children.

(6) During the period beginning on 1st June 2003 and ending on the day on which section 468 of the Education Act 1996(3) is repealed in accordance with section 216(4) of, and Part 3 of Schedule 22 to, the 2002 Act, section 468 shall have effect as though there were substituted for the words “regulations under section 218(6) of the Education Reform Act 1988 (employment prohibited or restricted on medical grounds or for misconduct etc)”, the words “a direction under section 142 of the Education Act 2002 (prohibition from teaching, etc.)”.

(1)

S.I. 2001/1269.

(2)

1996 c. 56; section 470(2)(f) was substituted by section 100(2) of the Care Standards Act 2000.

(3)

Section 468 was amended by section 74 of, and paragraphs 127 and 128 of Schedule 7 to, the Criminal Justice and Court Services Act 2000.