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

Regulation 4

SCHEDULE 1 INFORMATION

PART 1 INFORMATION TO BE SUPPLIED BY A RELEVANT EMPLOYER

1.  A statement of reasons for ceasing to use the person’s services.

2.  Employer’s records relating to the cessation of the use of the person’s services or any contemplated cessation, including notes and minutes of meetings, interview notes and evidence supplied to or obtained by the employer.

3.  Employer’s records relating to conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use his services, including notes and minutes of meetings, interview notes and evidence supplied to or obtained by the employer.

4.  Employer’s letters, warnings or notices issued to a person in relation to the cessation of the use of his services or contemplated cessation, or the conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use his services and the person’s replies or representations in relation thereto.

5.  Any other statements, representations and evidence submitted by a person to the employer in relation to the cessation of his services or contemplated cessation, or the conduct which eventually led to the cessation of the use of the person’s services or might, but for the person having ceased to provide those services, have led the employer to cease to use his services.

6.  Letter advising a person’s intention to cease to provide services.

7.  Any other document or information which the employer considers is relevant to the exercise of the Secretary of State’s functions under section 142 of the 2002 Act.

PART 2 INFORMATION TO BE SUPPLIED BY AN AGENT

1.  A statement of reasons for terminating the arrangements.

2.  Any records relating to the termination of the arrangements or any contemplated termination, including notes and minutes of meetings, interview notes, and evidence supplied to or obtained by the agent.

3.  Any records relating to conduct which eventually led to the termination of arrangements or might, but for the worker having terminated arrangements, have led the agent to terminate them, or might, but for the worker having ceased to make himself available for work, have led the agent to refrain from making new arrangements, including notes and minutes of meetings, interview notes, and evidence supplied to or obtained by the agent.

4.  Agent’s letters, warnings or notices issued to a person in relation to the termination of arrangements, or the conduct which eventually led to the termination of arrangements or might, but for the worker having terminated arrangements, have led the agent to terminate them, or might, but for the worker having ceased to make himself available for work, have led the agent to refrain from making new arrangements, and the worker’s replies or representations in relation thereto.

5.  Any other statements, representations and evidence submitted by a person to the agent in relation to the termination of arrangements, or the conduct which eventually led to the termination of arrangements or might, but for the worker having terminated arrangements, have led the agent to terminate them, or might, but for the worker having ceased to make himself available for work, have led the agent to refrain from making new arrangements.

6.  Worker’s letter terminating arrangements or ceasing to make himself available for work.

7.  Any other document or information which the agent considers is relevant to the exercise of the Secretary of State’s functions under section 142 of the 2002 Act.

Regulation 8

SCHEDULE 2 LIST OF CRIMINAL OFFENCES

Offences in England and Wales

1.  An offence contrary to section 1(1) of the Sexual Offences Act 1956 (rape)(1).

2.  An offence contrary to section 5 of the Sexual Offences Act 1956 (sexual intercourse with a girl under the age of thirteen).

3.  An offence contrary to section 6(1) of the Sexual Offences Act 1956 (sexual intercourse with a girl under the age of sixteen)(2).

4.  An offence contrary to section 10(1) of the Sexual Offences Act 1956 (incest by a man).

5.  An offence contrary to section 11(1) of the Sexual Offences Act 1956 (incest by a woman).

6.  An offence contrary to section 12(1) of the Sexual Offences Act 1956 (buggery)(3).

7.  An offence contrary to section 13 of the Sexual Offences Act 1956 (an act of gross indecency between men)(4).

8.  An offence contrary to section 14(1) of the Sexual Offences Act 1956 (indecent assault on a woman).

9.  An offence contrary to section 15(1) of the Sexual Offences Act 1956 (indecent assault on a man)(5).

10.  An offence contrary to section 16(1) of the Sexual Offences Act 1956 (assault with intent to commit buggery)(6).

11.  An offence contrary to section 1(1) of the Indecency with Children Act 1960 (indecency with children under the age of sixteen)(7).

12.  An offence contrary to section 54(1) of the Criminal Law Act 1977 (inciting a girl under the age of sixteen to have incestuous sexual intercourse)(8).

13.  An offence contrary to section 1(1) of the Protection of Children Act 1978 (indecent photographs with children).

14.  An offence of murder, contrary to the common law.

Offences in Scotland

15.  An offence contrary to section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest)(9).

16.  An offence contrary to section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with step-child).

17.  An offence contrary to section 3 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse of person in position of trust with child under 16).

18.  An offence contrary to section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with girl under 16)(10).

19.  An offence contrary to section 6 of the Criminal Law (Consolidation) (Scotland) Act 1995 (indecent behaviour towards girl between 12 and 16)(11).

20.  An offence contrary to section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 (homosexual offences)(12).

21.  An offence contrary to section 3(1) of the Sexual Offences (Scotland) Act 1976 (sexual intercourse with a girl under the age of thirteen)(13).

22.  An offence contrary to section 4(1) of the Sexual Offences (Scotland) Act 1976 (having or attempting to have, sexual intercourse with a girl of or above the age of thirteen and under the age of sixteen).

23.  An offence contrary to section 2A of the Sexual Offences (Scotland) Act 1976 (incest by a man or by a woman).

24.  An offence contrary to section 2B of the Sexual Offences (Scotland) Act 1976 (sexual intercourse with a step-child or former step-child).

25.  An offence contrary to section 2C of the Sexual Offences (Scotland) Act 1976 (sexual intercourse with a child by a person in a position of trust or authority).

26.  An offence contrary to section 80(7) of the Criminal Justice (Scotland) Act 1980 (committing or procuring or attempting to procure a homosexual act).

27.  An offence contrary to section 52(1) of the Civil Government (Scotland) Act 1982 (indecent photographs of children).

28.  An offence of sodomy, contrary to the common law.

29.  An offence of indecent assault, contrary to the common law.

30.  An offence of rape, contrary to the common law.

31.  An offence of murder, contrary to the common law.

Offences in Northern Ireland

32.  An offence contrary to section 48 of the Offences against the Person Act 1861 (rape)(14).

33.  An offence contrary to section 52 of the Offences against the Person Act 1861 (indecent assault on a woman).

34.  An offence contrary to section 61 of the Offences against the Person Act 1861 (buggery).

35.  An offence contrary to section 62 of the Offences against the Person Act 1861 (indecent assault on a man or assault with intent to commit buggery).

36.  An offence contrary to section 4 of the Criminal Law (Amendment) Act 1885 (unlawful carnal knowledge of any girl under the age of fourteen)(15).

37.  An offence contrary to section 5 of the Criminal Law (Amendment) Act 1885 (unlawful carnal knowledge of any girl under the age of seventeen).

38.  An offence contrary to section 11 of the Criminal Law (Amendment) Act 1885 (an act of gross indecency between men).

39.  An offence contrary to section 1 of the Punishment of Incest Act 1908 (incest by a man)(16).

40.  An offence contrary to section 2 of the Punishment of Incest Act 1908 (incest by a woman).

41.  An offence contrary to section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (indecency with or towards a child)(17).

42.  An offence contrary to article 3(1) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children).

43.  An offence contrary to article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting a girl under the age of sixteen to have incestuous sexual intercourse)(18).

44.  An offence of murder, contrary to the common law.

(1)

1956 c. 69; section 1 was substituted by section 142 of the Criminal Justice and Public Order Act 1994.

(2)

Section 6 was amended by section 10 of, and Schedule 2 to, the Criminal Law Act 1967 (c. 58).

(3)

Section 12 was amended by section 142 of the Criminal Justice and Public Order Act 1994 and sections 1 and 2 of the Sexual Offences (Amendment) Act 2000 (c. 44).

(4)

Section 13 was amended by section 2 of the Sexual Offences (Amendment) Act 2000.

(5)

Section 15 was amended by section 119 of, and Part V of Schedule 7 to, the Police and Criminal Evidence Act 1984.

(6)

Section 16 was amended by section 119 of, and Part V of Schedule 7 to, the Police and Criminal Evidence Act 1984.

(7)

1960 c. 33; section 1 was amended by section 39 of the Criminal Justice and Court Services Act 2000, section 52 of the Crime (Sentences) Act 1997 (c. 43) and section 119 of, and Part V of Schedule 7 to, the Police and Criminal Evidence Act 1984.

(8)

1977 c. 45.

(9)

1995 c. 39.

(10)

Section 5 was amended by sections 14 and 62 of, and Schedule 1 to, the Crime and Punishment (Scotland) Act 1997 (c. 48).

(11)

Section 6 was amended by section 14(2) of the Crime and Punishment (Scotland) Act 1997.

(12)

Section 13 was amended by sections 1(3) and 2(4) of the Sexual Offences (Amendment) Act 2000 and section 10 of the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7).

(13)

1976 c. 67; the Sexual Offences (Scotland) Act 1976 was repealed with effect from 1st April 1996 by section 62 of, and Schedules 1 and 3 to, the Crime and Punishment (Scotland) Act 1997.

(14)

1861 c. 100.

(15)

1885 c. 69.

(16)

1908 c. 45.

(17)

1968 c. 34 (N.I.)

(18)

S.I. 1980/704 (N.I. 6).