1. These Regulations may be cited as the School Staffing (England) (Amendment) Regulations 2006 and shall come into force on 12th May 2006.

2. These Regulations apply only in relation to England.

3. —(1)The School Staffing (England) Regulations 2003( 3 ) are amended in accordance with this regulation.

(2) At the end of regulation 11 insert—

“ (3) An enhanced criminal record certificate issued pursuant to Part V of the Police Act 1997 ( 4 ) must be obtained in respect of any person so appointed before or as soon as practicable after his appointment.

(4) Paragraph (3) does not apply to—

(a) a person who has worked in a school or institution within the further education sector during a period which ended not more than three months before his appointment; and

(b) any foreign national for whom obtaining a criminal record certificate is inappropriate.

(5) A person falling within paragraph (4)(b) shall before appointment be subjected to such checks as the authority thinks appropriate having regard to any guidance issued by the Secretary of State. ” .

(3) After regulation 11 insert the following—

“ 11A. Regulation 11(3) to (5) also apply in relation to any person appointed by a local education authority for the purpose of working at a school to which this Part or Part 3 applies in the temporary absence of a member of staff of the school. ” .

(4) At the end of regulation 20 insert—

“ (3) An enhanced criminal record certificate issued pursuant to Part V of the Police Act 1997 ( 5 ) must be obtained in respect of any person so appointed before or as soon as practicable after his appointment.

(4) Paragraph (3) does not apply to—

(a) a person who has worked in a school or institution within the further education sector during a period which ended not more than three months before his appointment; and

(b) any foreign national for whom obtaining a criminal record certificate is inappropriate.

(5) A person falling within paragraph (4)(b) shall prior to appointment be subjected to such checks as the governing body thinks appropriate having regard to any guidance issued by the Secretary of State. ” .