Interpretation of the principal Regulations
3.—(1) In regulation 2(1)—
(a)after the definition of “the 1996 Act” insert—
““Chair”, except in paragraph 21 of the Schedule, means, where the relevant person is a body of persons, the chair or similar officer of that body and, where the relevant person is not a body of persons, the relevant person himself;
“children’s suitability statement” has the meaning given by section 113C of the Police Act 1997(1);
“employment business” has the meaning given by section 13(3) of the Employment Agencies Act 1973(2) and includes a local authority and a person carrying on an employment business;
“enhanced criminal record certificate” has the meaning given by section 113B of the Police Act 1997(3);
“Her Majesty’s Chief Inspector of Education, Children’s Services and Skills” means the person holding the office of that title under section 113 of the Education and inspections Act 2006(4);”.
(b)after the definition of “maintained special school” insert—
““National Minimum Standards for Boarding Schools” and the “National Minimum Standards for Residential Special Schools” means the standards published respectively under those titles in March 2002 by the Secretary of State for Health under section 23(1) of the Care Standards Act 2000(5);”.
(c)after the definition of “special school” insert—
““work” includes work of any kind, whether under a contract of service or apprenticeship, under a contract for services or otherwise than under a contract or as a volunteer.”.
(2) After regulation 2(1) insert—
“(1A) For the purposes of these Regulations an “enhanced criminal record check” is made if—
(a)an application for an enhanced criminal record certificate is made under Part V of the Police Act 1997 accompanied by a children’s suitability statement; and
(b)the application is countersigned by a registered person (within the meaning of section 120 of the Police Act 1997(6)) or an application is countersigned on his behalf, and (in either case) the application is submitted to the Secretary of State in accordance with Part V of that Act.
(1B) For the purposes of these Regulations a person is appointed to a position if he is—
(a)engaged to work in a position at the school;
(b)appointed to the governing body; or
(c)appointed to the relevant person, where the relevant person is or is to be a body of persons;
and he is not a person supplied by an employment business.
(1C) A person is to be treated as meeting any staff qualification requirements if he—
(a)fulfils any requirements with respect to qualifications or registration which apply to him by regulations made under sections 132 to 135 of the Education Act 2002(7) and regulations made under section 19 of the Teaching and Higher Education Act 1998(8);
(b)meets any conditions with respect to health and physical capacity which apply to him by regulations made under section 141 of the Education Act 2002(9); and
(c)is not subject to any direction made under section 142 of the Education Act 2002(10), or any disqualification, prohibition or restriction which takes effect as if contained in such a direction, that he may not carry out work to which that section applies.”.
1997 c. 50; section 113C was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15), amended by article 6(1) of S.I. 2005/3496 and prospectively repealed by section 63(2) of and Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 (c. 47).
1973 c. 35; section 13 was last amended by sections 59 and 174(2) of, and paragraph 19 of Schedule 4 and Part 2 of Schedule 17 to, 2005 c. 15.
Section 113B was inserted by section 163(2) of 2005 c. 15 and amended by section 63(1) of, and paragraph 14 of Part 2 of Schedule 9 to, 2006 c. 47.
2000 c. 14; there are amendments to section 23 not relevant to these Regulations.
Section 120 was last amended by sections 163(3) and 178(4) of, and paragraphs 1 and 6 of Schedule 14 to, 2005 c. 15.
2002 c. 32; at the time of making these Regulations, the relevant Regulations were the Education (School Teachers’ Qualifications) (England) Regulations 2003, S.I. 2003/1662, the Education (Specified Work and Registration) (England) Regulations 2003, S.I. 2003/1663 and the Education (Head Teachers’ Qualifications) (England) Regulations 2003, S.I. 2003/3111. S.I. 2003/3111 was amended by S.I. 2005/875 and 2005/3322.
1998 c. 30; at the time of making these Regulations, the relevant Regulations were the Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001, S.I. 2001/2897 as amended by S.I. 2001/3938, 2002/2063, 2003/106, 2003/2148, 2005/1740, 2007/172 and 2007/603.
Section 142 has been prospectively repealed by section 63(2) of, and Schedule 10 to, 2006 c. 47.