The Education (Non-Maintained Special Schools) (England) Regulations 2011

Register of checks

6.—(1) At the time an application for approval of a school is made a register of checks is maintained which meets the requirements set out in sub-paragraphs (2), (3), (5) and (6).

(2) In relation to each member of staff appointed, the register must show whether the checks required by paragraph 4(2) to (5) have been undertaken and the register must include the date on which each such check was completed and in the case of an enhanced criminal record certificate, the date on which the certificate was obtained.

(3) Subject to paragraph (4), in relation to each member of staff in post on 1st August 2007 who was appointed at any time before 1st May 2007, the register must show whether each check referred to in sub-paragraph (2) was made and whether an enhanced criminal record certificate was obtained, together with the date on which any check was completed or certificate obtained.

(4) Sub-paragraph (3) applies, in the case of a member of staff appointed before 12th May 2006, only if that person’s post involves regular contact with children or young persons.

(5) In relation to any person supplied by an employment business to work at the school the register must show whether—

(a) written notification has been received from the employment business that it has made checks corresponding to those which sub-paragraph (2) requires (other than checks under paragraph 4(4)) in relation to the employee, together with the date on which the notification was received, and

(b) a check has been made in accordance with paragraph 5(7) together with the date on which the check was made.

(6) Where written notification has been received from the employment business 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)(b) of the 1997 Act, the register must show whether the employment business supplied a copy of the certificate and the information to the school.

(7) The register required to be kept under this paragraph may be maintained in electronic form, provided that any information recorded is capable of being reproduced in legible form.