Primary legislation sponsored by the Department for Children, Schools and Families since 1 May 2008 has created and abolished a number of criminal offences. These are detailed in the following table:
Legislative reference Offence (a) Criminal offences abolished Education and Skills Act 2008 Schedule 2 Repeals offence of wilfully obstructing an inspection in section 118 of the Learning and Skills Act 2000. Schedule 2 Repeals offence of disclosing social security information in section 119 of the Learning and Skills Act 2000. Schedules 1 and 2 Abolishes the offence in section 159 of the Education Act 2002 of conducting an unregistered independent school in relation to independent schools in England only. Schedules 1 and 2 Repeals section 162B of the Education Act 2002 (including the offence to intentionally obstruct a person in the exercise of his functions in relation to an inspection under that section). Schedules 1 and 2 Abolishes the offence in section 164 of the Education Act 2002 of obstructing a person in the exercise of his functions in relation to an inspection under that section (in relation to independent schools in England only). Schedules 1 and 2 Abolishes the offence in section 165 of the Education Act 2002 of failing to comply with an order under that section in relation to independent schools in England only. Schedules 1 and 2 Abolishes the offence in section 167 of the Education Act 2002 of failing to comply with an order under that section in relation to independent schools in England only. Apprenticeships, Skills, Children and Learning Act 2009 Schedule 16 Repeals offence of disclosing social security information in section 15 of the Education and Skills Act 2008. (b) Criminal offences created Children and Young Persons Act 2008 Section 26 Offence of failing to take the steps specified in a compliance notice within the period so specified under section 22A(4) of the Care Standards Act 2000 Education and Skills Act 2008 Section 15 Offence to disclose social security information otherwise than in the circumstances specified in section 15. Section 51 Offence for a person to fail to comply with the requirements of an attendance notice. Section 75 Offence for anyone to wilfully obstruct a person in carrying out, or participating in, an inspection of connexions services provided under s68 and 74. Section 76 Offence to disclose social security information otherwise than in the circumstances specified in that section. (Offence amended by section 254 of the Apprenticeships, Skills, Children and Learning Act 2009). Section 90 Offence for a person to disclose information otherwise than for a purpose within sections 87 or 88 where disclosure reveals identity of a person. Section 96 Offence for a person to conduct an independent educational institution in England unless it is registered. Section 97 Offence to intentionally obstruct a person in the exercise of the person’s functions in relation to an inspection under that section. Section 110 Offence to intentionally obstruct a person in the exercise of the person’s function in relation to an inspection under that section. Section 118 Failure of a proprietor of an independent educational institution to comply with a relevant restriction imposed by the Secretary of State under section 116. Section 121 Failure of a proprietor of an independent educational institution to comply with a relevant restriction imposed by an order of a justice of the peace under section 120. Section 127 Failure of a proprietor of an independent educational institution to comply with a relevant restriction imposed by the Tribunal under sections 124, 125 or 126. Welfare Reform Act 2009 Schedule 6 Extends section 36 of the Births and Deaths Registration Act 1953 regarding the failure to answer any question put by the registrar in relation to the particulars required to be registered, or failure to comply with any requirement of the registrar, to include questions and requirements made by regulations under sections 2C, 2D, 2E, 10B or 10C of that Act. Schedule 6 Refusal or failure (without reasonable excuse) to do anything within a particular time which is required by regulations under sections 2C, 2D, 2E, 10B or 10C of the Births and Deaths Registration Act 1953. Schedule 6 Extends section 4 of the Perjury Act 1911 regarding the provision of false statements etc. as to births or deaths. Apprenticeship, Skills, Children and Learning Act 2009 Section 199 Inserts Part 3A into the Childcare Act 2006. Offence for a person to intentionally obstruct a person from exercising a power under section 98D. Section 98D provides a power for Chief Inspectors to enter Children’s centres. Section 210 Offence to obstruct a Local Commissioner or those assisting him in the performance of his functions under Chapter 2.