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The Education (Independent School Standards) (Coronavirus) (Amendment) Regulations 2020
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- UK Statutory Instruments
- 2020 No. 542
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make amendments to the Independent School Standards, as set out in the Schedule to the Education (Independent School Standards) Regulations 2014 (“the 2014 Regulations”). In light of the fact that, because of the coronavirus pandemic, the Department for Education is currently unable to countersign applications for Disclosure and Barring Service checks which the Secretary of State requires to be carried out, the Regulations allow for alternative methods of requesting such checks. They also make associated amendments not directly arising from the coronavirus pandemic, to the 2014 Regulations.
Regulation 2(2) inserts a new definition of a “registered person” into the 2014 Regulations. It also amends the definition of “enhanced criminal record check” in order to ensure that it includes certificates obtained through the electronic transmission process and makes changes consequential on the changes made by regulation 2(3).
Regulation 2(3) makes amendments to paragraphs 20(3) and 20(5) of the Schedule to the 2014 Regulations. Paragraphs 20(3) and 20(5) include, respectively, checks which are required to be made of an individual proprietor of an independent school and the chair of a proprietor body. The amended provisions will permit the Secretary of State to request that an application for an enhanced criminal record check is countersigned or transmitted by or on behalf of another registered person rather than the Secretary of State countersigning the application.
Regulation 2(3) also simplifies paragraph 20(6)(c) of the Schedule to take account of the new definition “enhanced criminal record check” in regulation 2(2), and amends paragraphs 20(7) and 20(8) so that they include references to the new paragraph 20(5)(c).
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.
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