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6.—(1) Schedule 2 is amended as follows.
(2) In paragraph 5—
(a)the existing provision becomes sub-paragraph (1);
(b)in sub-paragraph (1)(a)(i) after “2(a)” omit “to” and at the end omit “and”;
(c)at the end of sub-paragraph (1)(a)(ii) omit “and”;
(d)after sub-paragraph (1)(a)(ii) insert—
“(iii)it has made a check to establish that the person is not subject to any direction under section 142 of EA 2002 or any prohibition, restriction or order having effect as such a direction; and
(iv)subject to sub-paragraph (2), it has made a check to establish that the person is not barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006; and”; and
(e)after sub-paragraph (1)(b) insert—
“(2) In the case of a person supplied on or after 29th June 2015, sub-paragraph (1)(a)(iv) applies only if it is intended that the person will engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006.”.
(3) In paragraph 6 after “18(5)” insert “or 30(5)”.
(4) After paragraph 6 insert—
“6A. In relation to any person supplied by an employment business on or after 29th June 2015, where written notification has been received from the employment business in accordance with a contract or other arrangements made pursuant to regulation 18(5) or 30(5) that it has been given negative up-date information in relation to an enhanced criminal record certificate not more than three months before the person was due to begin work at the school, whether the employment business provided a copy of the information.”.
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