Education, England Citation, commencement and interpretation 1 1 These Regulations may be cited as the Education (Independent Educational Provision in England) (Unsuitable Persons) Regulations 2009 and come into force on 12th October 2009. 2 In these Regulations “the 2008 Act ” means the Education and Skills Act 2008. Unsuitable persons: prescribed kind of work 2 1 Work of the kind described in paragraph (2) is prescribed for the purposes of section 119(1)(a) of the 2008 Act. 2 The kind of work referred to in paragraph (1) is any form of work (whether or not for gain) which— a the person (“W”) carries out regularly, and b gives W the opportunity, in consequence of anything W is permitted or required to do in connection with the work, to have contact with a student at the institution who is a child or vulnerable adult within the meanings in the Safeguarding Vulnerable Groups Act 2006 . 3 For the purposes of paragraph (2), in any period of 30 days W carries out work regularly if W carries out the work on more than two days in that period. Unsuitable persons: prescribed descriptions of directions, orders and decisions 3 The following descriptions of directions, orders and decisions, made under the enactments prescribed, are prescribed for the purposes of section 119(2) of the 2008 Act— a an order under section 100(2)(e) of the Education (Scotland) Act 1980 (determination of complaints); b a decision to include a person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (list of individuals unsuitable to work with children); c an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (disqualification from working with children); d a direction under section 142 of the Education Act 2002 given on the grounds that the person is unsuitable to work with children or otherwise having the effect of prohibiting a person from taking part in the management of an independent school (prohibition from teaching, etc. ); e a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent schools); f a decision to include a person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children (Scotland) Act 2003 (list of individuals unsuitable to work with children); g a decision to include a person (other than provisionally) in the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (duty of Department to keep list); h an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (disqualification of adults and juveniles from working with children); i a decision to include a person in a barred list within the meaning in the Safeguarding Vulnerable Groups Act 2006 ; j a decision to include a person on a list kept under section 1(1) of the Protection of Vulnerable Groups (Scotland) Act 2007 (duty of Scottish Ministers to keep lists); k a decision to prohibit a person from teaching or working with children under regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 ; l a decision to include the person on a barred list within the meaning in Article 2(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ; m a direction under section 128 of the 2008 Act (prohibition on participation in management). Diana Johnson Parliamentary Under Secretary of State Department for Children, Schools and Families 1st July 2009