The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021

Amendment to the Non-Maintained Special Schools (England) Regulations 2015

2.—(1) The Non-Maintained Special Schools (England) Regulations 2015(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1), after the definition of “Quality Standards” insert ““registered person” has the meaning given in section 120(1) of the 1997 Act;”;

(b) for paragraph (2)(a) substitute—

“(a) an application for an enhanced criminal record certificate is made under section 113B(1) of the 1997 Act; or”;

(c) in paragraph (5), for “6(3)(a)” substitute “6(4)”.

(3) In Part 1 of the Schedule (conditions of approval under section 342(1) of the 1996 Act), paragraph 6 (suitability of the chair of the governing body)—

(a) in sub-paragraph (1), for “(2) and (3)” substitute “(2), (3), (4), (5) and (6)”;

(b) omit sub-paragraphs (3)(a) and (3)(b);

(c) for sub-paragraph (4) substitute—

“(4) The Secretary of State receives confirmation that, where relevant to the individual, an enhanced criminal record check has been made relating to the individual—

(a) which is countersigned by the Secretary of State or by or on behalf of another registered person who is asked to arrange countersignature of the application by the Secretary of State; or

(b) which is transmitted by or on behalf of a registered person who is asked to arrange transmission of the application by the Secretary of State;

and, where an enhanced criminal record check is made, the Secretary of State either obtains an enhanced criminal record certificate relating to the individual or confirms to the individual that no certificate is required to be provided to the Secretary of State.”;

(d) after sub-paragraph (4) insert—

“(5) The Secretary of State—

(a) makes checks confirming the individual’s identity; or

(b) requests the individual or another person that checks are made for the purposes of confirming the individual’s identity, and following that request, evidence is provided to the satisfaction of the Secretary of State that the individual is in fact the person with the particular identity that the individual claims to have; and

(c) notifies the individual that the Secretary of State is satisfied that the individual’s identity has been confirmed.

(6) The Secretary of State —

(a) makes checks confirming that the individual has a right to work in the United Kingdom; or

(b) requests the individual or another person that checks are made for the purposes of confirming that the individual has the right to work in the United Kingdom, and following that request, evidence is provided to the satisfaction of the Secretary of State that the individual has that right; and

(c) notifies the individual that the Secretary of State is satisfied that the individual has that right.”.

(4) In Part 2 of the Schedule (requirements to be complied with by a school while approved under section 342(1) of the 1996 Act), paragraph 17 (suitability of the chair of the governing body), for “6(2) and (3)” substitute “6(2), (3), (4), (5) and (6)”.

(1)

S.I. 2015/728, to which there are amendments not relevant to these Regulations.