Amendment of the School Staffing (England) Regulations 2009

2.—(1) The School Staffing (England) Regulations 2009(1) are amended in accordance with paragraphs (2) to (7).

(2) In regulation 3(1) after the definition of “enhanced criminal record certificate” insert—

““interim prohibition order” means an order made by virtue of paragraph 3 of Schedule 11A to EA 2002(2);

“prohibition order” has the meaning given by section 141B of EA 2002(3);”.

(3) In regulation 3(3), in paragraph (c) after “2006” insert “, subject to a prohibition order or interim prohibition order”.

(4) In regulation 13 for “4” substitute “4A”.

(5) In regulation 18(1)(a)(i) for “paragraph 5(a)(i)” substitute “paragraphs 5(a)(i) and 5A”.

(6) In regulation 25 for “4” substitute “4A”.

(7) In Schedule 2—

(a) after paragraph 4 insert—

“4A.   In relation to each member of staff appointed on or after 2^nd September 2013, whether a check was made to establish that the person is not subject to a prohibition order or interim prohibition order.”;

(b) after paragraph 5 insert—

“5A.   In relation to any person supplied by an employment business on or after 2^nd September 2013, whether a check was made to establish that the person is not subject to a prohibition order or interim prohibition order.”.

(1)

S.I. 2009/2680, amended by S.I. 2012/1740.

(2)

Schedule 11A was inserted by section 8 of the Education Act 2011 (c.21). S.I. 2012/560 is made under paragraph 3 of Schedule 11A to EA 2002 and makes provision in relation to interim prohibition orders.

(3)

Section 141B was inserted by section 8 of the Education Act 2011.