EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make amendments to the Non-Maintained Special Schools (England) Regulations 2015 (“the 2015 Regulations”) and to the Independent School Standards, as set out in the Schedule to the Education (Independent School Standards) Regulations 2014 (“the 2014 Regulations”).
These Regulations amend the 2015 Regulations in relation to the suitability of the chair of the governing body. Due to the coronavirus pandemic, it has become more difficult for the Department for Education 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 which include a “registered person” making the request instead of the Department for Education. A registered person is a person listed in a register to be maintained by the Disclosure and Barring Service and reference to a registered person is made in 2(3)(c) of these Regulations. Consequently, regulation 2(2) of these Regulations inserts a definition of “registered person” in regulation 2 (interpretation) of the 2015 Regulations. Regulation 2(2) also amends the definition of “enhanced criminal record check” to ensure that it includes certificates obtained through the electronic transmission process.
Regulation 2(3) 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. It also introduces provisions for identity checks and checks for the right to work in the UK to be carried out by another person at the behest of the Secretary of State.
Regulation 2(4) makes consequential amendments.
Regulation 3(2) makes amendments to paragraphs 20(3) and (5) of the Schedule to the 2014 Regulations. Paragraphs 20(3) and (5) require, amongst other things, checks to be made by the Secretary of State to confirm the identity and right to work in the United Kingdom, respectively, of individual proprietors of independent schools and alternative provision Academies, and of chairs of proprietor bodies of such educational institutions. The amendments ensure that these checks may be carried out by a third party at the behest of the Secretary of State. Regulation 3(2) also makes consequential changes.
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.