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The Education (Independent School Standards) (England) Regulations 2010

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22.—(1) The standard in this paragraph is met if the proprietor keeps a register which shows such of the information referred to in sub-paragraphs (3) to (7) as is applicable to the school in question.

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

(3) The information referred to in this sub-paragraph is, in relation to each member of staff (“S”) appointed on or after 1st May 2007, whether—

(a)S’s identity was checked;

(b)a check was made to establish whether S is barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 or is subject to any direction made under section 142 of the 2002 Act or any disqualification, prohibition or restriction which takes effect as if contained in such a direction;

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

(d)an enhanced criminal record certificate was obtained in respect of S;

(e)checks were made pursuant to paragraph 19(2)(d);

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

(g)checks were made pursuant to paragraph 19(2)(e),

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 each member of staff in post on 1st August 2007 who was appointed at any time before 1st May 2007, whether each check referred to in sub-paragraph (3) was made and whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.

(5) 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)it has made checks corresponding to those referred to in sub-paragraph (3)(a) to (c), (e) and (f); and

(ii)it or another employment business has made an enhanced criminal record check or has obtained an enhanced criminal record certificate in response to such a check made by it or another employment business,

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

(b)whether a check has been made in accordance with paragraph 20(2)(e) together with the date the check was completed; and

(c)where written notification has been received from the employment business in accordance with a contract or other arrangements referred to in paragraph 20(2)(d) that it has obtained an enhanced criminal record certificate which disclosed any matter or information, or that information was provided to it in accordance with section 113B(6) of the Police Act 1997, whether the employment business supplied a copy of the certificate to the school.

(6) The information referred to in this sub-paragraph is, in relation each member (“MB”) of a body of persons named as the proprietor appointed on or after 1st May 2007, whether the checks referred to in paragraph 21(6)(b) were made, the date they were made and the date on which the resulting certificate was obtained.

(7) The information referred to in this sub-paragraph is, in relation to each member of a body of persons named as the proprietor in post on 1st August 2007 who was appointed at any time before 1st May 2007—

(a)whether each check referred to in sub-paragraph (6) was made; and

(b)whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.

(8) It is immaterial for the purposes of sub-paragraphs (3), (4), (5)(a) and (b), (6) and (7) whether the check was made or certificate obtained pursuant to a legal obligation.

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