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

regulation 10 of The Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2007

Status not determined
Requires proof of a state of mind
Education, social security, pensions and public services

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

PART2 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) 1st November 1995 An offence contrary to section
5 of the Sexual Offences Act 1956 (intercourse with girl under 13) 1st November 1995 An offence contrary to section
1 of the Sexual Offences Act 2003 (rape) 19th July 2004 An offence contrary to section
2 of the Sexual Offences Act 2003 (assault by penetration) 19th July 2004 An offence contrary to section
5 of the Sexual Offences Act 2003 (rape of
a child under 13) 19th July 2004 An offence contrary to section
6 of the Sexual Offences Act 2003 (assault of
a child under
13 by penetration) 19th July 2004 An offence contrary to section
7 of the Sexual Offences Act 2003 (sexual assault of
a child under 13) 19th July 2004 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) 19th July 2004 Offences in Scotland Offence Relevant specified date An offence of rape, contrary to the common law 1st November 1995 An offence contrary to section
3 of the Sexual Offences (Scotland) Act 1976 (intercourse with girl under 13) 1st November 1995 An offence contrary to section 5(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with girl under 13) 1st November 1995 Offences in Northern Ireland Offence Relevant specified date An offence of rape, contrary to the common law 1st November 1995 An offence contrary to section
4 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of
a girl under 14) 1st November 1995 PART3 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 1st June 2003 An offence contrary to section
9 of the Theft Act 1968 (burglary) if the offence which the person intends to commit is rape 28th February 2007 Offences in Scotland Offence Relevant specified date An offence of murder, contrary to the common law 1st June 2003 Offences in Northern Ireland Offence Relevant specified date An offence of murder, contrary to the common law 1st June 2003 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 28th February 2007 PART4 Offences for the purpose of condition D3: offences against or involving
a child Offences in England and Wales and, where relevant, Scotland or Northern Ireland Offence Relevant specified date An offence contrary to section
1 of the Infanticide Act 1938 (infanticide) 28th February 2007 An offence contrary to section
4 of the Sexual Offences Act 1956 (administering drugs to obtain or facilitate intercourse) 28th February 2007 An offence contrary to section
6 of the Sexual Offences Act 1956 (intercourse with girl under 16) 1st November 1995 An offence contrary to section
7 of the Sexual Offences Act 1956 (intercourse with defective) 28th February 2007 An offence contrary to section
10 of the Sexual Offences Act 1956 (incest by
a man) 1st November 1995 An offence contrary to section
11 of the Sexual Offences Act 1956 (incest by
a woman) 1st November 1995 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 1st November 1995 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 1st November 1995 An offence contrary to section
14 of the Sexual Offences Act 1956 (indecent assault on
a woman) 1st November 1995 An offence contrary to section
15 of the Sexual Offences Act 1956 (indecent assault on
a man) 1st November 1995 An offence contrary to section
16 of the Sexual Offences Act 1956 (assault with intent to commit buggery) 1st November 1995 An offence contrary to section
22 of the Sexual Offences Act 1956 (causing prostitution of women) 28th February 2007 An offence contrary to section
23 of the Sexual Offences Act 1956 (procuration of girl under 21) 28th February 2007 An offence contrary to section
25 of the Sexual Offences Act 1956 (permitting girl under
13 to use premises for intercourse) 28th February 2007 An offence contrary to section
26 of the Sexual Offences Act 1956 (permitting girl under
16 to use premises for intercourse) 28th February 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) 28th February 2007 An offence contrary to section
30 of the Sexual Offences Act 1956 (man living on earnings of prostitution) 28th February 2007 An offence contrary to section
31 of the Sexual Offences Act 1956 (woman exercising control over prostitution) 28th February 2007 An offence contrary to section 128 of the Mental Health Act 1959 (sexual intercourse with patients) 28th February 2007 An offence contrary to section
1 of the Indecency with Children Act 1960 (indecent conduct towards young child) 1st November 1995 An offence contrary to section
4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts) 28th February 2007 An offence contrary to section
5 of the Sexual Offences Act 1967 (living on earnings of male prostitution) 28th February 2007 An offence contrary to section 4(3) of the Misuse of Drugs Act 1971 (supply of drugs) 28th February 2007 An offence contrary to section
54 of the Criminal Law Act 1977 (inciting girl under
16 to have incestuous sexual intercourse) 1st November 1995 An offence contrary to section 1(1)(a), (b) or (d) of the Protection of Children Act 1978 (indecent photographs of children) 1st November 1995 An offence contrary to section 1(1)(c) of the Protection of Children Act 1978 (indecent photographs of children) 1st June 2003 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) 28th February 2007 An offence contrary to section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of
a child) 19th July 2004 An offence contrary to section
3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust) 28th February 2007 An offence contrary to section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution) 28th February 2007 An offence contrary to section
3 of the Sexual Offences Act 2003 (sexual assault) 19th July 2004 An offence contrary to section
4 of the Sexual Offences Act 2003 (causing
a person to engage in sexual activity without consent) 19th July 2004 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) 19th July 2004 An offence contrary to section
9 of the Sexual Offences Act 2003 (sexual activity with
a child) 19th July 2004 An offence contrary to section
10 of the Sexual Offences Act 2003 (causing or inciting
a child to engage in sexual activity) 19th July 2004 An offence contrary to section
11 of the Sexual Offences Act 2003 (engaging in sexual activity in the presence of
a child) 19th July 2004 An offence contrary to section
12 of the Sexual Offences Act 2003 (causing
a child to watch
a sexual act) 19th July 2004 An offence contrary to section
14 of the Sexual Offences Act 2003 (arranging or facilitating commission of
a child sex offence) 19th July 2004 An offence contrary to section
15 of the Sexual Offences Act 2003 (meeting
a child following sexual grooming etc.) 19th July 2004 An offence contrary to section
16 of the Sexual Offences Act 2003 (abuse of position of trust: sexual activity with
a child) 19th July 2004 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) 19th July 2004 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) 19th July 2004 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) 19th July 2004 An offence contrary to section
25 of the Sexual Offences Act 2003 (sexual activity with
a child family member) 19th July 2004 An offence contrary to section
26 of the Sexual Offences Act 2003 (inciting
a child family member to engage in sexual activity) 19th July 2004 An offence contrary to section
30 of the Sexual Offences Act 2003 (sexual activity with
a person with
a mental disorder impeding choice) 28th February 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) 28th February 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) 28th February 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) 28th February 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) 28th February 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) 28th February 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) 28th February 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) 28th February 2007 An offence contrary to section
38 of the Sexual Offences Act 2003 (care workers: sexual activity with
a person with
a mental disorder) 28th February 2007 An offence contrary to section
39 of the Sexual Offences Act 2003 (care workers: causing or inciting sexual activity) 28th February 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) 28th February 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) 28th February 2007 An offence contrary to section
47 of the Sexual Offences Act 2003 (paying for sexual services of
a child) 19th July 2004 An offence contrary to section
48 of the Sexual Offences Act 2003 (causing or inciting child prostitution or pornography) 19th July 2004 An offence contrary to section
49 of the Sexual Offences Act 2003 (controlling
a child prostitute or
a child involved in pornography) 19th July 2004 An offence contrary to section
50 of the Sexual Offences Act 2003 (arranging or facilitating child prostitution or pornography) 19th July 2004 An offence contrary to section
52 of the Sexual Offences Act 2003 (causing or inciting prostitution for gain) 28th February 2007 An offence contrary to section
53 of the Sexual Offences Act 2003 (controlling prostitution for gain) 28th February 2007 An offence contrary to section
57 of the Sexual Offences Act 2003 (trafficking into the UK for sexual exploitation) 19th July 2004 An offence contrary to section
58 of the Sexual Offences Act 2003 (trafficking within the UK for sexual exploitation) 19th July 2004 An offence contrary to section
59 of the Sexual Offences Act 2003 (trafficking out of the UK for sexual exploitation) 19th July 2004 An offence contrary to section
61 of the Sexual Offences Act 2003 (administering
a substance with intent) 28th February 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 Schedule 2 28th February 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 Schedule 2 28th February 2007 An offence contrary to section
4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation) 28th February 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 1st November 1995 An offence of indecent assault, contrary to the common law 1st November 1995 An offence of clandestine injury to women, contrary to the common law 28th February 2007 An offence of abduction of woman or girl with intent to rape, contrary to the common law 28th February 2007 An offence of assault with intent to rape or ravish, contrary to the common law 28th February 2007 An offence contrary to section 2A of the Sexual Offences (Scotland) Act 1976 (incest) 1st November 1995 An offence contrary to section 2B of the Sexual Offences (Scotland) Act 1976 (intercourse with step-child) 1st November 1995 An offence contrary to section 2C of the Sexual Offences (Scotland) Act 1976 (intercourse of person in position of trust with child under 16) 1st November 1995 An offence contrary to section
4 of the Sexual Offences (Scotland) Act 1976 (intercourse with girl between
13 and 16) 1st November 1995 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 1st November 1995 An offence contrary to section
52 of the Civic Government (Scotland) Act 1982 (indecent photographs of children) 1st June 2003 An offence contrary to section 52A of the Civic Government (Scotland) Act 1982 (possession of indecent photographs of persons under 16) 28th February 2007 An offence contrary to section
1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (incest) 1st November 1995 An offence contrary to section
2 of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse with step-child) 1st November 1995 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) 1st November 1995 An offence contrary to section 5(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (attempted intercourse with girl under 13) 1st November 1995 An offence contrary to section 5(3) of the Criminal Law (Consolidation) (Scotland) Act 1995 (intercourse or attempted intercourse with girl under 16) 1st November 1995 An offence contrary to section
6 of the Criminal Law (Consolidation) (Scotland) Act 1995 (indecent behaviour towards girl between
12 and 16) 1st November 1995 An offence contrary to section
7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (procuring) 28th February 2007 An offence contrary to section
8 of the Criminal Law (Consolidation) (Scotland) Act 1995 (abduction and unlawful detention) 28th February 2007 An offence contrary to section
9 of the Criminal Law (Consolidation) (Scotland) Act 1995 (permitting girl to use premises for intercourse) 28th February 2007 An offence contrary to section
10 of the Criminal Law (Consolidation) (Scotland) Act 1995 (seduction, prostitution etc. of girl under 16) 28th February 2007 An offence contrary to section
11 of the Criminal Law (Consolidation) (Scotland) Act 1995 (trading in prostitution and brothel keeping) 28th February 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 1st November 1995 An offence contrary to section
22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.) 28th February 2007 An offence contrary to section 311 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (non-consensual sexual acts) 28th February 2007 An offence contrary to section 313 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (persons providing care services: sexual offences) 28th February 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) 28th February 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) 28th February 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) 28th February 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) 28th February 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) 28th February 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) 1st November 1995 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 1st November 1995 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) 1st November 1995 An offence contrary to section
2 of the Criminal Law Amendment Act 1885 (procuration) 28th February 2007 An offence contrary to section
3 of the Criminal Law Amendment Act 1885 (procuring defilement of woman by threats or fraud etc.) 28th February 2007 An offence contrary to section
5 of the Criminal Law Amendment Act 1885 (unlawful carnal knowledge of
a girl under 17) 1st November 1995 An offence contrary to section
6 of the Criminal Law Amendment Act 1885 (permitting unlawful carnal knowledge of
a young girl) 28th February 2007 An offence contrary to section
7 of the Criminal Law Amendment Act 1885 (abduction of girl with intent to have carnal knowledge) 28th February 2007 An offence contrary to section
8 of the Criminal Law Amendment Act 1885 (unlawful detention with intent to have carnal knowledge) 28th February 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 1st November 1995 An offence contrary to section
1 of the Punishment of Incest Act 1908 (incest by
a man) 1st November 1995 An offence contrary to section
2 of the Punishment of Incest Act 1908 (incest by
a woman) 1st November 1995 An offence contrary to section
1 of the Infanticide Act (Northern Ireland) 1939 28th February 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) 28th February 2007 An offence contrary to section
22 of the Children and Young Persons Act (Northern Ireland) 1968 (indecency with or towards
a child) 1st November 1995 An offence contrary to Article
3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children) 1st June 2003 An offence contrary to Article
9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting
a girl under
16 to have incestuous sexual intercourse) 1st November 1995 An offence contrary to Article 122 of The Mental Health (Northern Ireland) Order 1986 (offences against women suffering from severe mental handicap) 28th February 2007 An offence contrary to Article 123 of The Mental Health (Northern Ireland) Order 1986 (offences against patients) 28th February 2007 An offence contrary to Article
15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of child) 28th February 2007 An offence contrary to Article
19 of The Criminal Justice (Northern Ireland) Order 2003 (buggery) 28th February 2007 An offence contrary to Article
20 of The Criminal Justice (Northern Ireland) Order 2003 (assault with intent to commit buggery) 28th February 2007 An offence contrary to Article
21 of The Criminal Justice (Northern Ireland) Order 2003 (indecent assault on
a male) 28th February 2007 PART5 Offences for the purpose of condition D4: offences against or involving
a child under
16 Offences in England and Wales Offence Relevant specified date An offence contrary to section
66 of the Sexual Offences Act 2003 (exposure) 28th February 2007 An offence contrary to section
67 of the Sexual Offences Act 2003 (voyeurism) 28th February 2007 Offences in Scotland Offence Relevant specified date An offence involving lewd, indecent or libidinous behaviour or practices, contrary to the common law 28th February 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 regulation 10?

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.

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

Penalty

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

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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.

Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: 29 January 2007
In force from: 28 February 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

These Regulations amend the Education (Prohibition from Teaching or Working with Children) Regulations 2003 (S.I. 2003/1184) as amended by S.I. 2004/1493 (“the 2003 Regulations”). Regulation 4 of these Regulations substitutes a new regulation 8, extending the circumstances in which the Secretary of State must give a direction under section 142(1)(a) of the Education Act 2002 (c. 32). A person who is the subject of a direction under section 142(1)(a) is prohibited from carrying out any work with children to which section 142 applies. Regulation 10 of these Regulations substitutes new Schedule 2 which sets out the detailed conditions relating to regulation 8. These Regulations extend the circumstances in which the Secretary of State must give a direction in the following ways: a They add new offences - any offence in Parts 2 to 5 of Schedule 2 for which the relevant specified date is 28th February 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 Schedule 2). 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 Schedule 2 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 Schedule 2 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 28th February 2007, they lift the requirement that a person must have been in work to which section 142 applies before he was convicted of the offence (see paragraph 11 of Part 1 of Schedule 2); and they lift the similar requirement in relation to persons who are made subject to a direction because they are subject to a “disqualification order” (see paragraph 2(b) of Part 1 of Schedule 2). f They add comparable overseas offences (see condition E, paragraph 8 of Part 1 of Schedule 2). g They add “risk of sexual harm orders” (see condition F, paragraph 9 of Part 1 of Schedule 2). So far as these Regulations extend the circumstances in which the Secretary of State must give a direction, 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 Secretary of State must give a direction in one way, relating to offences where the court has decided not to give a disqualification order (see substituted regulation 8(3)). In some circumstances where the Secretary of State is required to give a direction these Regulations create a new right for the individual to make representations to the Secretary of State (see new regulation 8A inserted by regulation 4 of these Regulations). If, after consideration of the representations, it appears to the Secretary of State that the person is not unsuitable to work with children, he must revoke the direction. This right to make representations and the consequent function of the Secretary of State in relation to revoking the direction only apply where a person is subject to a direction 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 Schedule 2 (see paragraph 13 of Part 1 of Schedule 2 for the meaning of “related to”); ii committed against a child aged under 16 but more than 10 years before the direction; or iii committed against a person aged 16 or over (condition D1). b Where the 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). If, following this consideration of a person’s representations under the new regulation 8A, the Secretary of State refuses to revoke a direction, the person may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999 (c. 14) (“the Care Standards Tribunal”) (see sub-paragraph (aa) of regulation 12(1) of the 2003 Regulations inserted by regulation 9(a) of these Regulations). These Regulations create a new right to apply to the Care Standards Tribunal for a review (see new regulation 10A inserted by regulation 7 of these Regulations) where a person was given a direction under regulation 8 of the 2003 Regulations (or the similar provision in earlier Regulations) prior to these Regulations coming into force. There are exceptions to this right of review where a person satisfies any of conditions A to C - namely: a the person is on the “PoCA List” (condition A); b the person is subject to a “disqualification order” (condition B); or c the person has committed an offence against a child under 16 that is an offence set out in Part 2 of Schedule 2 that was committed not more than 10 years before the direction (condition C). The Tribunal may, on hearing the review, revoke a direction if it satisfied that the person is no longer unsuitable to work with children (see regulation 10 of the 2003 Regulations, as amended by regulation 6 of these Regulations). Regulations 3, 5, 8 and 9(b) of these Regulations make amendments consequential on the changes made by the new regulations 8 and 10A inserted by these Regulations.

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Education (Prohibition from Teaching or Working with Children) (Amendment) Regulations 2007 Every offence this instrument creates, and its explanatory note
Education, social security, pensions and public servicesOther offences on the same subject
Offences created in 2007