The Independent School Standards (Wales) Regulations 2024

22.—(1) The standard in this paragraph relates to the suitability of the proprietor of the independent school.

(2) Sub-paragraph (3) relates to the suitability of the proprietor where the proprietor is an individual.

(3) The standard in this paragraph is met if—

(a) the individual—

(i) is not barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(ii) does not carry out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order, or an interim suspension order, and

(iii) does not carry out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in any such direction;

(b) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor, where relevant to the individual—

(i) a DBS certificate is obtained and the certificate is provided to the Welsh Ministers, or

(ii) where that individual is registered with the DBS up-date service, a check is made of the individual’s DBS certificate status and reported to the Welsh Ministers,

and the Welsh Ministers, having considered the information from the DBS certificate, have confirmed that they consider that the individual is suitable to be the proprietor of the independent school;

(c) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor in the case of an individual for whom, by reason of that individual living or having lived outside the United Kingdom, obtaining a DBS certificate is not sufficient to establish the individual’s suitability to work in an independent school, the Welsh Ministers make such further checks as the Welsh Ministers consider appropriate and having considered the information from these checks the Welsh Ministers consider that the individual is suitable to be the proprietor of the independent school;

(d) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor—

(i) the Welsh Ministers make checks confirming the individual’s identity, or

(ii) the Welsh Ministers request that checks are made for the purposes of confirming the individual’s identity and following that request—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual is the person with the particular identity that the individual claims to have, and

(bb) the Welsh Ministers notify the individual that the Welsh Ministers are satisfied that the individual’s identity has been confirmed;

(e) before the independent school is entered in the register or, in the case of a registered independent school, before the individual takes over as proprietor—

(i) the Welsh Ministers make checks confirming that the individual has the right to work in the United Kingdom, or

(ii) the Welsh Ministers request 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—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual has that right, and

(bb) the Welsh Ministers notify the individual that the Welsh Ministers are satisfied that the individual has that right.

(4) Sub-paragraphs (5) to (7) relate to the suitability of the proprietor where the proprietor is a body of persons corporate or unincorporate.

(5) The standard in this paragraph is met in relation to an individual who is the chair of the independent school if—

(a) the individual—

(i) is not barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(ii) does not carry out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order or an interim suspension order, and

(iii) does not carry out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in any such direction;

(b) subject to sub-paragraph (7), where relevant to the individual—

(i) a DBS certificate is obtained and the certificate is provided to the Welsh Ministers, or

(ii) where that individual is registered with the DBS up-date service, a check is made of the individual’s DBS certificate status and reported to the Welsh Ministers,

and having considered the information from the DBS certificate the Welsh Ministers have confirmed that they consider that the individual is suitable to be the chair of the independent school;

(c) subject to sub-paragraph (7), in the case of an individual for whom, by reason of that individual living or having lived outside the United Kingdom, obtaining a DBS certificate is not sufficient to establish the individual’s suitability to work in an independent school, the Welsh Ministers make such further checks as the Welsh Ministers consider appropriate and the Welsh Ministers, having considered the information from these checks, have confirmed that they consider that the individual is suitable to be the chair of the independent school;

(d) subject to sub-paragraph (7)—

(i) the Welsh Ministers make checks confirming the individual’s identity, or

(ii) the Welsh Ministers request that checks are made for the purposes of confirming the individual’s identity and following that request—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual is the person with the particular identity that the individual claims to have, and

(bb) the Welsh Ministers notify the proprietor of the independent school that the Welsh Ministers are satisfied that the individual’s identity has been confirmed;

(e) subject to sub-paragraph (7)—

(i) the Welsh Ministers make checks confirming that the individual has the right to work in the United Kingdom, or

(ii) the Welsh Ministers request 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—

(aa) evidence is provided to the satisfaction of the Welsh Ministers that the individual has that right, and

(bb) the Welsh Ministers notify the proprietor of the independent school that the Welsh Ministers are satisfied that the individual has that right.

(6) The standard in this paragraph is met in relation to an individual (“MB”), not being the chair of the independent school, who is a member of a body of persons corporate or unincorporate named as the proprietor of the independent school in the register or in an application to enter the independent school in the register, if—

(a) MB—

(i) is not barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act,

(ii) does not carry out work at the independent school in contravention of a prohibition order, an interim prohibition order, a suspension order or an interim suspension order, and

(iii) does not carry out work at the independent school in contravention of any direction made under section 142 or 167A of the 2002 Act, section 128 of the 2008 Act or any disqualification, prohibition or restriction which takes effect as if contained in either such direction;

(b) subject to sub-paragraph (7), the chair of the independent school in relation to MB—

(i) where relevant, obtains a DBS certificate (or where MB is registered with the DBS up-date service makes a check of MB’s DBS certificate status),

(ii) obtains checks confirming MB’s identity and MB’s right to work in the United Kingdom, and

(iii) where, by reason of MB’s living or having lived outside the United Kingdom, obtaining a DBS certificate is not sufficient to establish MB’s suitability to work in an independent school, makes such further checks as the chair of the independent school considers appropriate, having regard to any relevant guidance issued by the Welsh Ministers,

and the chair, having considered the information from these checks, considers that MB is suitable to be a member of a body of persons corporate or unincorporate named as the proprietor of the independent school.

(7) In the case of a registered independent school—

(a) sub-paragraphs (5)(b) and (c) are met where the checks referred to in those sub-paragraphs are completed before the chair of the independent school starts acting as such,

(b) sub-paragraph (5)(d) is met where the checks referred to in paragraph (d) are completed, or notification is given by the Welsh Ministers to the proprietor of the independent school as referred to in paragraph (d)(ii)(bb), before the chair of the independent school starts acting as such,

(c) sub-paragraph (5)(e) is met where the checks referred to in paragraph (e)(i) are completed, or notification is given by the Welsh Ministers to the proprietor of the independent school as referred to in paragraph (e)(ii)(bb), before the chair of the independent school starts acting as such, and

(d) sub-paragraph (6)(b) is met where the checks referred to in paragraph (b)(i) and (iii) are completed before MB starts acting as a member of the body of persons corporate or unincorporate named in the register as the proprietor of the independent school.