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The School Staffing (England) Regulations 2009

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Regulation 2

SCHEDULE 1Revocation Schedule

Regulations revokedReferencesExtent of revocation
The School Staffing (England) Regulations 2003S.I. 2003/1963The whole Regulations
The School Staffing (England) (Amendment) Regulations 2003S.I. 2003/2725The whole Regulations
The School Staffing (England) (Amendment) Regulations 2006S.I. 2006/1067The whole Regulations
The School Staffing (England) (Amendment) (No.2) Regulations 2006S.I. 2006/3197The whole Regulations
The Education (Review of Staffing Structure) (England) Regulations 2005S.I. 2005/1032The whole Regulations
The Education (Miscellaneous Amendments relating to Safeguarding Children) (England) Regulations 2009S.I. 2009/1924Regulation 8

Regulations 12(7) and 24(7)

SCHEDULE 2Information to be recorded in the Register

1.  The register referred to in regulations 12(7) and 24(7) must contain the following information.

2.  In relation to each member of staff appointed on or after 1st January 2007, whether—

(a)a check was made to establish the person’s identity;

(b)a check was made to establish that the person is not barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or subject to any direction made under section 142 of EA 2002 or any prohibition, restriction or order having effect as such a direction;

(c)checks were made to establish that the person meets the requirements with respect to qualifications or registration mentioned in regulation 3(3)(a);

(d)an enhanced criminal record certificate was obtained in respect of the person;

(e)further checks were made pursuant to regulation 12(4) or 24(4), as the case may be;

(f)a check was made to establish the person’s right to work in the United Kingdom and

(g)the date on which each such check was completed or the certificate obtained.

3.  Subject to paragraph 4, in relation to each member of staff in post on 1st April 2007 who was appointed at any time before 1st January 2007—

(a)whether each check referred to in paragraph 2 was made;

(b)whether an enhanced criminal record certificate was obtained; and

(c)the date on which each such check was completed or certificate obtained.

4.  Paragraph 3 applies, in the case of a member of staff who was appointed at any time before 12th May 2006, only if the work brings the person regularly into contact with children or young persons.

5.  In relation to any person supplied by an employment business to work at the school—

(a)whether written notification has been received from the employment business that—

(i)it has made checks corresponding to those which paragraph 2(a) to (c), (e) and (f) requires to be recorded in relation to a member of staff of a school; and

(ii)it or another employment business has applied for an enhanced criminal record certificate or has obtained such a certificate in response to an application made by that or another employment business; and

(b)the date on which such notification was received.

6.  Where written notification has been received from the employment business in accordance with a contract or other arrangements made pursuant to regulation 18(5) that it has obtained an enhanced criminal record certificate which disclosed any matter or information, or that information was provided to it in accordance with section 113B(6) of PA 1997, whether the employment business provided a copy of the certificate to the school.

7.  It is immaterial for the purposes of paragraphs 2 and 3 whether the check was made or certificate obtained pursuant to a legal obligation.

8.  The register may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.

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