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23. The standard in this paragraph is met where relevant to an individual—
(a)in relation to members of staff at the independent school—
(i)where an individual is registered with the DBS up-date service if the proprietor checks the individual’s certificate status at least every three years;
(ii)where an individual is not registered with the DBS up-date service if the proprietor applies for a DBS certificate in respect of that individual at least every three years,
and the proprietor, having considered the information from the check or application, considers that the individual remains suitable for the position to which the individual is appointed;
(b)in relation to the proprietor where the proprietor is an individual—
(i)where an individual is registered with the DBS up-date service if a check of the individual’s certificate status is made and reported to the Welsh Ministers at least every three years;
(ii)where an individual is not registered with the DBS up-date service if a DBS certificate in respect of the individual is applied for and the certificate is provided to the Welsh Ministers at least every three years,
and the Welsh Ministers, having considered the information from the check or application, consider that the individual remains suitable to be the proprietor of the independent school;
(c)in relation to an individual who is the chair of the independent school—
(i)where an individual is registered with the DBS up-date service if a check of the individual’s certificate status is made and reported to the Welsh Ministers at least every three years;
(ii)where an individual is not registered with the DBS up-date service if a DBS certificate in respect of the individual is applied for and the certificate is provided to the Welsh Ministers at least every three years,
and the Welsh Ministers, having considered the information from the check or application, consider that the individual remains suitable to be the chair of the independent school;
(d)in relation to an individual, 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—
(i)where an individual is registered with the DBS up-date service if the chair makes a check of the individual’s certificate status at least every three years;
(ii)where an individual is not registered with the DBS up-date service if the chair applies for a DBS certificate in respect of the individual at least every three years;
and the chair, having considered the information from the check or application, considers that the individual remains suitable to be a member of the body of persons corporate or unincorporate named as the proprietor of the independent school;
(e)for the purposes of sub-paragraphs (a) to (d), where a DBS up-date service check has not been made or a DBS certificate has not been applied for in respect of any individual within a period of 3 years ending with the date on which these Regulations come into force, the first such check or application must be made within a period of 180 days beginning with the date that these Regulations come into force.
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Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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