The Registration of Independent Schools (Scotland) Amendment Regulations 2021

Amendment of the Registration of Independent Schools (Scotland) Regulations 2006

2.—(1) The Registration of Independent Schools (Scotland) Regulations 2006(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit paragraph (b),

(b) after paragraph (d), insert—

“(da) “regulated work with children” has the meaning given in section 91(2) and schedule 2 of the 2007 Act;

(db) “scheme record” has the meaning given in section 48 of the 2007 Act;”,

(c) for paragraph (f), substitute—

“(f) “the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007(2).”.

(3) In schedule 1 (particulars information – applications for registration and registered schools)—

(a) after paragraph 4, insert—

“4A.   The intended number of teachers to be employed by or in the school.”,

(b) in paragraph 9—

(i) omit the word “and” after sub-paragraph (f),

(ii) for sub-paragraph (g), substitute—

“(g) Child Protection Policy and Procedure, including a statement of the school’s policy and practice on seeking scheme records issued by the Scottish Ministers under section 52(3) or section 53(4) of the 2007 Act, which statement shall also include a statement detailing what checks are made, including those with reference to the 2007 Act, in respect of all persons doing or to be doing regulated work with children;

(h) First Aid Policy and Procedures.”,

(c) after paragraph 9, insert—

“9A.   A description of the proposed leadership and governance arrangements of the school.

9B.   A document that sets out the school’s management structure.”,

(d) in paragraph 10—

(i) for “criminal record certificates under Part V of the 1997 Act” substitute “scheme records issued by the Scottish Ministers under section 52 or section 53 of the 2007 Act”,

(ii) for “in or to be in a child care position” substitute “doing or to be doing regulated work with children”,

(e) after paragraph 10, insert—

“11.— (1) A statement confirming—

(a) that the school has a child protection co-ordinator and a deputy child protection co-ordinator, and

(b) the training relevant to those roles that each person appointed to those roles has undertaken.

(2) In this paragraph—

“child protection co-ordinator” is a person employed by or in the school with responsibility for co-ordinating and overseeing matters related to child protection, and

“deputy child protection co-ordinator” is a person employed by or in the school with responsibility for deputising for or assisting the child protection co-ordinator.

12.   A statement confirming that all proposed teachers are included in the register maintained by the Council under the Public Services Reform (General Teaching Council for Scotland) Order 2011(5).”.

(4) In schedule 2 (particulars information – registered schools)—

(a) in paragraph 3—

(i) for “criminal record certificates under Part V of the 1997 Act” substitute “scheme records issued by the Scottish Ministers under section 52 or section 53 of the 2007 Act”,

(ii) for “in a child care position” substitute “doing regulated work with children”,

(b) after paragraph 4, insert—

“5.   A statement confirming that all teachers employed by or in the school are included in the register maintained by the Council under the Public Services Reform (General Teaching Council for Scotland) Order 2011.

6.   A statement confirming that all persons employed by or in the school have undertaken appropriate child protection training within the previous 12 month period.

7.   The unique school identifier code created by the Scottish Government and assigned to the school upon registration of the school with the Registrar.”.

(1)

S.S.I. 2006/324.

(2)

2007 asp 14.

(3)

Section 52 of the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”) was substituted by S.S.I. 2015/423 and amended by S.S.I. 2018/52.

(4)

Section 53 of the 2007 Act was amended by S.S.I. 2015/330 and S.S.I. 2015/423.

(5)

S.S.I. 2011/215, amended by S.S.I. 2013/50, S.S.I. 2013/197 and S.S.I. 2015/153.