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Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Staffing of Maintained Schools (Wales) Regulations 2006 (the 2006 Regulations).

Regulation 2 contains an amendment to the School Teacher Appraisal (Wales) Regulations 2002 SI 2002/1394 (W.137).

Regulation 3 contains an amendment to regulations 50(1) and 51(1) of the Government of Maintained Schools (Wales) Regulations 2005 SI 2005/2914 (W.211).

Regulation 4(2) inserts a definition of governing body into the 2006 Regulations.

Regulation 4(3) inserts a definition of regulations into the 2006 Regulations.

Regulation 4(4) states to which categories of schools regulations 4 to 7 of the 2006 Regulations will apply.

Regulations 4(5) and (11) contain amendments to the 2006 Regulations which require a check to be made of a person’s identity and of their right to work in the United Kingdom. It also requires that, subject to exceptions, a person appointed to be a teacher or a member of the support staff must, prior to or as soon as practicable after, his or her appointment be subject to an enhanced Criminal Records Bureau (“CRB”) check made under the Police Act 1997.

Regulations 4(7)(8)(12)(14)(15)(16)(18)(19) and (20) contain amendments to cross references in the 2006 Regulations.

Regulations 4(9) and (13) contain amendments to the 2006 Regulations which prevent a teacher or member of support staff supplied by an agency from working at a school until the agency have confirmed that checks have been carried out , and schools are required in their arrangements with agencies to place them under an obligation to provide this information.

Regulations 4(10) and (17) contain amendments to the 2006 regulations which requires a member of staff who moves from a post which did not bring him or her regularly into contact with children or young persons to one which does at the same school to be subject to an enhanced CRB check before he or she takes up their new post or as soon as reasonably practicable afterwards.