The Independent School Standards (Wales) Regulations 2024

24.—(1) The standard in this paragraph is met if the proprietor keeps a register in accordance with the independent school’s policy on data retention which shows such of the information referred to in sub-paragraphs (3) to (5) as is applicable to the independent school in question.

(2) The register referred to in sub-paragraph (1) may be kept in electronic form, provided that the information recorded is capable of being reproduced in legible form.

(3) The information referred to in this sub-paragraph is—

(a) in relation to each member of staff, the date they were appointed;

(b) in relation to each member of staff (“S”), whether—

(i) S’s identity was checked,

(ii) a check was made to establish whether S is barred from regulated activity relating to children in accordance with section 3(2) of the 2006 Act,

(iii) a check was made to establish whether S is subject to a prohibition order, an interim prohibition order, a suspension order or an interim suspension order,

(iv) a check was made to establish whether S is subject to 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 such a direction,

(v) checks were made to ensure, where appropriate, that S had the relevant qualifications,

(vi) a DBS certificate was obtained in respect of S (or where S is registered with the DBS up-date service a check made of S’s certificate status),

(vii) a check of S’s right to work in the United Kingdom was made, and

(viii) checks were made pursuant to paragraph 20(2)(f),

including the date on which each such check was completed or the certificate obtained.

(4) The information referred to in this sub-paragraph is, in relation to supply staff—

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

(i) checks corresponding to those referred to in sub-paragraph (3)(b)(i) to (iv), (vii) and (viii) have been made to the extent relevant to any such person, and

(ii) that employment business or another employment business has obtained a DBS certificate (or where the person is registered with the DBS up-date service a check made of the person’s certificate status),

together with the date the written notification that each such check was made, or certificate obtained was received,

(b) where written notification has been received from the employment business in accordance with a contract or other arrangements referred to in paragraph 21(2)(d) that it has obtained a DBS certificate, whether or not the employment business supplied a copy of the certificate to the independent school, and

(c) whether a check has been made in accordance with paragraph 21(2)(e) together with the date the check was completed.

(5) The information referred to in this sub-paragraph is, in relation to each member of a body of persons named as the proprietor—

(a) the date they were appointed;

(b) whether the checks referred to in paragraph 22(6)(b) were made, the date they were made and the date on which the resulting certificate was obtained.

(6) It is immaterial for the purposes of sub-paragraphs (3), (4) and (5) whether the check was made or certificate obtained pursuant to a legal obligation.