UK Offence Report

PART 2 Offences for the purpose of conditions C and D1: offences against person of any age Offences in…

SCHEDULE of Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

PART 2 Offences for the purpose of conditions C and D1: offences against person of any age Offences in England and Wales Offence Relevant specified date An offence contrary to section 1 of the Sexual Offences Act 1956 (rape) 3rd April 2006 An offence contrary to section 5 of the Sexual Offences Act 1956 (intercourse with girl under 13) 3rd April 2006 An offence contrary to section 1 of the Sexual Offences Act 2003 (rape) 3rd April 2006 An offence contrary to section 2 of the Sexual Offences Act 2003 (assault by penetration) 3rd April 2006 An offence contrary to section 5 of the Sexual Offences Act 2003 (rape of a child under 13) 3rd April 2006 An offence contrary to section 6 of the Sexual Offences Act 2003 (assault of a child under 13 by penetration) 3rd April 2006 An offence contrary to section 7 of the Sexual Offences Act 2003 (sexual assault of a child under 13) 3rd April 2006 An offence contrary to section 8 of the Sexual Offences Act 2003 if subsection (2) of that section applies (causing or inciting a child under 13 to engage in sexual activity: penetration) 3rd April 2006 Offences in Scotland Offence Relevant specified date An offence of rape, contrary to the common law 3rd April 2006 An offence contrary to section 3 of the Sexual Offences (Scotland) Act 1976 (intercourse with girl under 13) 3rd April 2006 An offence contrary to section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with girl under 13) 3rd April 2006 Offences in Northern Ireland Offence Relevant specified date An offence of rape, contrary to the common law 3rd April 2006 An offence contrary to section 4 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of a girl under 14) 3rd April 2006 PART 3 Offences for the purpose of condition D2: offences against person of any age Offences in England and Wales Offence Relevant specified date An offence of murder, contrary to the common law 3rd April 2006 An offence contrary to section 9 of the Theft Act 1968 (burglary) if the offence which the person intends to commit is rape 15th June 2007 Offences in Scotland Offence Relevant specified date An offence of murder, contrary to the common law 3rd April 2006 Offences in Northern Ireland Offence Relevant specified date An offence of murder, contrary to the common law 3rd April 2006 An offence contrary to section 9(1)(a) of the Theft Act (Northern Ireland) 1969 (burglary) if the offence which the person intends to commit is rape 15th June 2007 PART 4 Offences for the purpose of condition D3: offences against or involving a child Offences in England and Wales and, where relevant, Scotland and Northern Ireland Offence Relevant specified date An offence contrary to section 1 of the Infanticide Act 1938 (infanticide) 15th June 2007 An offence contrary to section 4 of the Sexual Offences Act 1956 (administering drugs to obtain or facilitate intercourse) 15th June 2007 An offence contrary to section 6 of the Sexual Offences Act 1956 (intercourse with girl under 16) 3rd April 2006 An offence contrary to section 7 of the Sexual Offences Act 1956 (intercourse with defective) 15th June 2007 An offence contrary to section 10 of the Sexual Offences Act 1956 (incest by a man) 3rd April 2006 An offence contrary to section 11 of the Sexual Offences Act 1956 (incest by a woman) 3rd April 2006 An offence contrary to section 12 of the Sexual Offences Act 1956 (buggery) except if the other party to the act of buggery was aged 16 or over and consented to the act 3rd April 2006 An offence contrary to section 13 of the Sexual Offences Act 1956 (indecency between men) except if the other party to the act of gross indecency was aged 16 or over and consented to the act 3rd April 2006 An offence contrary to section 14 of the Sexual Offences Act 1956 (indecent assault on a woman) 3rd April 2006 An offence contrary to section 15 of the Sexual Offences Act 1956 (indecent assault on a man) 3rd April 2006 An offence contrary to section 16 of the Sexual Offences Act 1956 (assault with intent to commit buggery) 3rd April 2006 An offence contrary to section 22 of the Sexual Offences Act 1956 (causing prostitution of women) 15th June 2007 An offence contrary to section 23 of the Sexual Offences Act 1956 (procuration of girl under 21) 15th June 2007 An offence contrary to section 25 of the Sexual Offences Act 1956 (permitting girl under 13 to use premises for intercourse) 15th June 2007 An offence contrary to section 26 of the Sexual Offences Act 1956 (permitting girl under 16 to use premises for intercourse) 15th June 2007 An offence contrary to section 28 of the Sexual Offences Act 1956 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16) 15th June 2007 An offence contrary to section 30 of the Sexual Offences Act 1956 (man living on earnings of prostitution) 15th June 2007 An offence contrary to section 31 of the Sexual Offences Act 1956 (woman exercising control over prostitute) 15th June 2007 An offence contrary to section 128 of the Mental Health Act 1959 (sexual intercourse with patients) 15th June 2007 An offence contrary to section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child) 3rd April 2006 An offence contrary to section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts) 15th June 2007 An offence contrary to section 5 of the Sexual Offences Act 1967 (living on earnings of male prostitution) 15th June 2007 An offence contrary to section 4(3) of the Misuse of Drugs Act 1971 (supply of drugs) 15th June 2007 An offence contrary to section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse) 3rd April 2006 An offence contrary to section 1(1)(a), (b) or (d) of the Protection of Children Act 1978 (indecent photographs of children) 3rd April 2006 An offence contrary to section 1(1)(c) of the Protection of Children Act 1978 (indecent photographs of children) 3rd April 2006 An offence contrary to section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles) 15th June 2007 An offence contrary to section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child) 3rd April 2006 An offence contrary to section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust) 15th June 2007 An offence contrary to section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution) 15th June 2007 An offence contrary to section 3 of the Sexual Offences Act 2003 (sexual assault) 3rd April 2006 An offence contrary to section 4 of the Sexual Offences Act 2003 (causing a person to engage in sexual activity without consent) 3rd April 2006 An offence contrary to section 8 of the Sexual Offences Act 2003 if subsection (2) of that section does not apply (causing or inciting a child under 13 to engage in sexual activity: not penetration) 3rd April 2006 An offence contrary to section 9 of the Sexual Offences Act 2003 (sexual activity with a child) 3rd April 2006 An offence contrary to section 10 of the Sexual Offences Act 2003 (causing or inciting a child to engage in sexual activity) 3rd April 2006 An offence contrary to section 11 of the Sexual Offences Act 2003 (engaging in sexual activity in the presence of a child) 3rd April 2006 An offence contrary to section 12 of the Sexual Offences Act 2003 (causing a child to watch a sexual act) 3rd April 2006 An offence contrary to section 14 of the Sexual Offences Act 2003 (arranging or facilitating commission of a child sex offence) 3rd April 2006 An offence contrary to section 15 of the Sexual Offences Act 2003 (meeting a child following sexual grooming etc.) 3rd April 2006 An offence contrary to section 16 of the Sexual Offences Act 2003 (abuse of position of trust: sexual activity with a child) 3rd April 2006 An offence contrary to section 17 of the Sexual Offences Act 2003 (abuse of position of trust: causing or inciting a child to engage in sexual activity) 3rd April 2006 An offence contrary to section 18 of the Sexual Offences Act 2003 (abuse of position of trust: sexual activity in the presence of a child) 3rd April 2006 An offence contrary to section 19 of the Sexual Offences Act 2003 (abuse of position of trust: causing a child to watch a sexual act) 3rd April 2006 An offence contrary to section 25 of the Sexual Offences Act 2003 (sexual activity with a child family member) 3rd April 2006 An offence contrary to section 26 of the Sexual Offences Act 2003 (inciting a child family member to engage in sexual activity) 3rd April 2006 An offence contrary to section 30 of the Sexual Offences Act 2003 (sexual activity with a person with a mental disorder impeding choice) 15th June 2007 An offence contrary to section 31 of the Sexual Offences Act 2003 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity) 15th June 2007 An offence contrary to section 32 of the Sexual Offences Act 2003 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice) 15th June 2007 An offence contrary to section 33 of the Sexual Offences Act 2003 (causing a person, with a mental disorder impeding choice, to watch a sexual act) 15th June 2007 An offence contrary to section 34 of the Sexual Offences Act 2003 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) 15th June 2007 An offence contrary to section 35 of the Sexual Offences Act 2003 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception) 15th June 2007 An offence contrary to section 36 of the Sexual Offences Act 2003 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder) 15th June 2007 An offence contrary to section 37 of the Sexual Offences Act 2003 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception) 15th June 2007 An offence contrary to section 38 of the Sexual Offences Act 2003 (care workers: sexual activity with a person with a mental disorder) 15th June 2007 An offence contrary to section 39 of the Sexual Offences Act 2003 (care workers: causing or inciting sexual activity) 15th June 2007 An offence contrary to section 40 of the Sexual Offences Act 2003 (care workers: sexual activity in the presence of a person with a mental disorder) 15th June 2007 An offence contrary to section 41 of the Sexual Offences Act 2003 (care workers: causing a person with a mental disorder to watch a sexual act) 15th June 2007 An offence contrary to section 47 of the Sexual Offences Act 2003 (paying for sexual services of a child) 3rd April 2006 An offence contrary to section 48 of the Sexual Offences Act 2003 (causing or inciting child prostitution or pornography) 3rd April 2006 An offence contrary to section 49 of the Sexual Offences Act 2003 (controlling a child prostitute or a child involved in pornography) 3rd April 2006 An offence contrary to section 50 of the Sexual Offences Act 2003 (arranging or facilitating child prostitution or pornography) 3rd April 2006 An offence contrary to section 52 of the Sexual Offences Act 2003 (causing or inciting prostitution for gain) 15th June 2007 An offence contrary to section 53 of the Sexual Offences Act 2003 (controlling prostitution for gain) 15th June 2007 An offence contrary to section 57 of the Sexual Offences Act 2003 (trafficking into the UK for sexual exploitation) 3rd April 2006 An offence contrary to section 58 of the Sexual Offences Act 2003 (trafficking within the UK for sexual exploitation) 3rd April 2006 An offence contrary to section 59 of the Sexual Offences Act 2003 (trafficking out of the UK for sexual exploitation) 3rd April 2006 An offence contrary to section 61 of the Sexual Offences Act 2003 (administering a substance with intent) 15th June 2007 An offence contrary to section 62 of the Sexual Offences Act 2003 (committing an offence with intent to commit a sexual offence) if the relevant sexual offence which he has the intention of committing is an offence referred to in paragraph 8(2) of Part 1 of the Schedule 15th June 2007 An offence contrary to section 63 of the Sexual Offences Act 2003 (trespass with intent to commit a sexual offence) if the relevant sexual offence which he has the intention of committing is an offence referred to in paragraph 8(2) of Part 1 of the Schedule 15th June 2007 An offence contrary to section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation) 15th June 2007 Offences in Scotland Offence Relevant specified date An offence of sodomy, contrary to the common law, unless every person involved in the offence was aged 16 or over and was a willing participant 3rd April 2006 An offence of indecent assault, contrary to the common law 3rd April 2006 An offence of clandestine injury to women, contrary to the common law 15th June 2007 An offence of abduction of woman or girl with intent to rape, contrary to the common law 15th June 2007 An offence of assault with intent to rape or ravish, contrary to the common law 15th June 2007 An offence contrary to section 2A of the Sexual Offences (Scotland) Act 1976 (incest) 3rd April 2006 An offence contrary to section 2B of the Sexual Offences (Scotland) Act 1976 (intercourse with step-child) 3rd April 2006 An offence contrary to section 2C of the Sexual Offences (Scotland) Act 1976 (intercourse of person in position of trust with child under 16) 3rd April 2006 An offence contrary to section 4 of the Sexual Offences (Scotland) Act 1976 (intercourse with girl between 13 and 16) 3rd April 2006 An offence contrary to section 80(7) of the Criminal Justice (Scotland) Act 1980 (committing or procuring a homosexual act) unless every person involved (whether in the offence or the homosexual act) was 16 or over and was a willing participant 3rd April 2006 An offence contrary to section 52 of the Civic Government (Scotland) Act 1982 (indecent photographs of children) 3rd April 2006 An offence contrary to section 52A of the Civic Government (Scotland) Act 1982 (possession of indecent photographs of persons under 16) 15th June 2007 An offence contrary to section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest) 3rd April 2006 An offence contrary to section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with step-child) 3rd April 2006 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) 3rd April 2006 An offence contrary to section 5(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (attempted intercourse with girl under 13) 3rd April 2006 An offence contrary to section 5(3) of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse or attempted intercourse with girl under 16) 3rd April 2006 An offence contrary to section 6 of the Criminal Law (Consolidation) (Scotland) Act 1995 (indecent behaviour towards girl between 12 and 16) 3rd April 2006 An offence contrary to section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (procuring) 15th June 2007 An offence contrary to section 8 of the Criminal Law (Consolidation) (Scotland) Act 1995 (abduction and unlawful detention) 15th June 2007 An offence contrary to section 9 of the Criminal Law (Consolidation) (Scotland) Act 1995 (permitting girl to use premises for intercourse) 15th June 2007 An offence contrary to section 10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (seduction, prostitution etc. of girl under 16) 15th June 2007 An offence contrary to section 11 of the Criminal Law (Consolidation) (Scotland) Act 1995 (trading in prostitution and brothel keeping) 15th June 2007 An offence contrary to section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 (homosexual offences) unless every person involved (whether in the offence or the homosexual act) was 16 or over and was a willing participant 3rd April 2006 An offence contrary to section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.) 15th June 2007 An offence contrary to section 311 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (non-consensual sexual acts) 15th June 2007 An offence contrary to section 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (persons providing care services: sexual offences) 15th June 2007 An offence contrary to section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (meeting a child following certain preliminary contact) 15th June 2007 An offence contrary to section 9 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (paying for sexual services of a child) 15th June 2007 An offence contrary to section 10 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (causing or inciting provision by child of sexual services or child pornography) 15th June 2007 An offence contrary to section 11 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (controlling a child providing sexual services or involved in pornography) 15th June 2007 An offence contrary to section 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (arranging or facilitating provision by child of sexual services or child pornography) 15th June 2007 Offences in Northern Ireland Offence Relevant specified date An offence contrary to section 52 of the Offences against the Person Act 1861 (indecent assault on a woman) 3rd April 2006 An offence contrary to section 61 of the Offences against the Person Act 1861 (buggery) except not if the other party to the act of buggery was aged 17 or over and consented to the act 3rd April 2006 An offence contrary to section 62 of the Offences against the Person Act 1861 (attempt to commit buggery, assault with intent to commit buggery or indecent assault on a male) 3rd April 2006 An offence contrary to section 2 of the Criminal Law Amendment Act 1885 (procuration) 15th June 2007 An offence contrary to section 3 of the Criminal Law Amendment Act 1885 (procuring defilement of woman by threats or fraud etc.) 15th June 2007 An offence contrary to section 5 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of a girl under 17) 3rd April 2006 An offence contrary to section 6 of the Criminal Law Amendment Act 1885 (permitting unlawful carnal knowledge of a young girl) 15th June 2007 An offence contrary to section 7 of the Criminal Law Amendment Act 1885 (abduction of girl with intent to have carnal knowledge) 15th June 2007 An offence contrary to section 8 of the Criminal Law Amendment Act 1885 (unlawful detention with intent to have carnal knowledge) 15th June 2007 An offence contrary to section 11 of the Criminal Law Amendment Act 1885 (gross indecency between men) except if the other party to the act of gross indecency was aged 17 or over and consented to the act 3rd April 2006 An offence contrary to section 1 of the Punishment of Incest Act 1908 (incest by a man) 3rd April 2006 An offence contrary to section 2 of the Punishment of Incest Act 1908 (incest by a woman) 3rd April 2006 An offence contrary to section 1 of the Infanticide Act (Northern Ireland) 1939 15th June 2007 An offence contrary to section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (causing or encouraging seduction etc. of a girl under 17) 15th June 2007 An offence contrary to section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (indecency with or towards a child) 3rd April 2006 An offence contrary to Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children) 3rd April 2006 An offence contrary to Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting a girl under 16 to have incestuous sexual intercourse) 3rd April 2006 An offence contrary to Article 122 of the Mental Health (Northern Ireland) Order 1986 (offences against women suffering from severe mental handicap) 15th June 2007 An offence contrary to Article 123 of the Mental Health (Northern Ireland) Order 1986 (offences against patients) 15th June 2007 An offence contrary to Article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of child) 15th June 2007 An offence contrary to Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (buggery) 15th June 2007 An offence contrary to Article 20 of the Criminal Justice (Northern Ireland) Order 2003 (assault with intent to commit buggery) 15th June 2007 An offence contrary to Article 21 of the Criminal Justice (Northern Ireland) Order 2003 (indecent assault on a male) 15th June 2007 PART 5 Offences for the purpose of condition D4: offences against or involving a child under 16 Offences in England and Wales Offence Relevant specified offence An offence contrary to section 66 of the Sexual Offences Act 2003 (exposure) 15th June 2007 An offence contrary to section 67 of the Sexual Offences Act 2003 (voyeurism) 15th June 2007 Offences in Scotland Offence Relevant specified offence An offence involving lewd, indecent or libidinous behaviour or practices, contrary to the common law 15th June 2007

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (with intent to).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: with intent to.

What would breach SCHEDULE?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
18 May 2007
In force from
15 June 2007
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations, which revoke and replace the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2006, make provision for prohibiting the employment or further employment of teachers and non-teaching staff on the grounds that they are unsuitable to teach or work with children. The Department must decide whether a person who has been dismissed from employment (or would have been dismissed but for his resignation, retirement or redundancy) on the grounds of misconduct rendering him unsuitable to work with children, should be prohibited from teaching or working with children. The Department shall afford a person under consideration the opportunity to make representations or submit evidence in support of his case and can invite observations from the person’s employer (regulations 4 and 5). These Regulations extend the circumstances in which the Department must prohibit a person from teaching or working with children (regulation 6). The Schedule attached to these Regulations sets out the detailed conditions relating to regulation 6. These Regulations extend the circumstances in which the Department must prohibit a person from teaching or working with children in the following ways: a They add new offences – any offence in Parts 2 to 5 of the Schedule for which the relevant specified date is 15th June 2007. b They extend the scope of existing offences to cover offences committed against or involving children aged 16 or 17 (instead of only children aged under 16); and, in relation to a limited number of offences, they extend the scope to victims of all ages (see sub-paragraph (ii) of paragraphs 4(b), 5(b) and 6(b) of Part 1 of the Schedule). c In addition to convictions for an offence, they add cautions and other findings that a person has committed an offence (paragraph 12 of Part 1 of the Schedule provides the meaning of “found to have committed” an offence for the purpose of conditions C and D in paragraphs 3 to 7 of that Part). d In addition to offences which are a completed offence or an attempt to commit an offence, they add offences of conspiracy or incitement to commit an offence and where a person is a secondary party to the offence (paragraph 13 of Part 1 of the Schedule provides the meaning of an offence that is “related to” an offence for the purpose of conditions D and E in paragraphs 4 to 8 of that Part. e For convictions after 15th June 2007, they lift the requirement that a person must have been a teacher or a person to whom Article 88A of the 1986 Order applies before he was convicted of the offence (see paragraph 11 of Part 1 of the Schedule); and they lift the similar requirement in relation to persons who are prohibited because they are subject to a “disqualification order” (see paragraph 2(b) of Part 1 of the Schedule). f They add comparable overseas offences (see condition E, paragraph 8 of Part 1 of the Schedule). g They add “risk of sexual harm orders” (see condition F, paragraph 9 of Part 1 of the Schedule). So far as these Regulations extend the circumstances in which the Department must prohibit a person from teaching or working with children, they do so only in relation to convictions etc. after the date on which these Regulations come into force. These Regulations narrow the circumstances in which the Department must prohibit a person from teaching or working with children in one way, relating to offences where the court has decided not to give a disqualification order (regulation 6(3)). In some circumstances where the Department is required to prohibit a person from teaching or working with children these Regulations create a new right for the individual to make representations to the Department (regulation 7). If, after consideration of the representations, it appears to the Department that the person is not unsuitable to work with children, it must revoke the prohibition and remove the person from the list (see regulation 9). This right to make representations and the consequent function of the Department in relation to revoking the prohibition only apply where a person is prohibited by virtue of condition D, E or F – namely: a Where the offence is a “Part 2 offence” that is: i an offence that is “related to” an offence set out in Part 2 of the Schedule (see paragraph 13 of Part 1 of the Schedule for the meaning of “related to”); ii committed against a child aged under 16 but more than 10 years before the decision; or iii committed against a person aged 16 or over (condition D1). b Where an offence is an offence in, or related to, Part 3, 4 or 5 (conditions D2, D3 and D4). c Where the person has been found to have done an act which constituted a comparable overseas offence (condition E). d Where the person is subject to a “risk of sexual harm order” (condition F). The Department must keep a list of persons considered unsuitable to teach or work with children (regulation 8). The Department may revoke a prohibition where new information comes to light or there has been a material change in the circumstances of the person who is prohibited. This does not apply: (a) if the person was prohibited on the ground he was included on the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) 2003 (“the DHSSPS list”) or because he is subject to a disqualification order; or (b) if the person was prohibited on the ground that he is unsuitable to work with children and that person claims he is no longer unsuitable. The prohibition may also be revoked where a disqualification order ceases to have effect, or where the person’s name has been removed from the DHSSPS List (regulation 9). A person who has been prohibited may appeal to the Care Tribunal against a decision of the Department to prohibit him from teaching or working with children (although not where he has been automatically prohibited under regulation 6) or a decision not to revoke a prohibition following consideration of representations under regulation 7 or new evidence or information under regulation 9(2) (regulation 10). A person cannot bring an appeal to the Care Tribunal on the ground of new information or evidence unless the Department has already considered that information or evidence. A person who has been convicted of an offence of misconduct cannot challenge on appeal any finding of fact upon which his conviction is based. Where the Care Tribunal considers the prohibition is not appropriate it may order the Department to revoke it (regulation 11).

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.62.

Basis
the provision says an offence is committed “if” something happens
Confidence
0.62 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source