3rd July 2012
Laid before Parliament
10th July 2012
Coming into force
1st September 2012
The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 35(4) and (5)(a), (b) and (d) and 36(4) and (5)(a), (b) and (e) of the Education Act 2002(1):
1. These Regulations may be cited as the School Staffing (England) (Amendment) Regulations 2012 and come into force on 1st September 2012.
2.—(1) The School Staffing (England) Regulations 2009(2) are amended in accordance with paragraphs (2) and (3).
(2) In regulation 4(1)(a), for “regulations 5 to 9” substitute, “regulations 5 to 8 and 9”.
(3) After regulation 8, insert—
8A.—(1) This regulation applies where a member of the teaching staff at a school (School A) applies for a teaching post at another school (School B), where School B is a maintained school or an Academy school(3).
(2) The governing body of School A must, at the request of the governing body or proprietor (as the case may be) of School B—
(a)advise in writing whether or not that member of staff has, in the preceding two years, been the subject of the procedures established by the governing body in accordance with regulation 8 and, if so,
(b)provide written details of the concerns which gave rise to this, the duration of the proceedings and their outcome.”.
Minister of State
Department for Education
3rd July 2012
(This note is not part of the Regulations)
These Regulations amend the School Staffing (England) Regulations 2009 (“the 2009 Regulations”). They insert a new regulation which requires the governing body of a maintained school to confirm whether or not a member of the teaching staff at that school has, within the last two years, been the subject of capability procedures (that is to say, procedures established in accordance with regulation 8 of the 2009 Regulations for dealing with lack of capability on the part of staff at the school), and, if so, provide details, if asked to do so by the governing body of a maintained school, or the proprietor of an Academy School, to which that person has applied for a teaching post. These Regulations also amend regulation 4 of the 2009 Regulations to allow a governing body, in accordance with that regulation, to delegate the performance of the function conferred on it by new regulation 8A.
An impact assessment has not been prepared for these Regulations because no impact on the private or voluntary sector is foreseen.