Citation and commencement

1. These Regulations may be cited as the School Staffing (England) (Amendment) Regulations 2015 and come into force on 29th June 2015.

Amendment of the School Staffing (England) Regulations 2009

2.The School Staffing (England) Regulations 2009( 3 ) are amended as follows.

Amendments to regulation 3

3. —(1) In regulation 3(1)—

(a) in the definition of “enhanced criminal record certificate”—

(i) for “within the meaning of”, in the first place where the words occur, substitute “issued under”; and

(ii) after “includes” insert “, in such cases as are from time to time prescribed under section 113BA(1) of that Act( 4 ),”;

(b) after the definition of “interim prohibition order” insert—

“ “negative up-date information” means up-date information of a kind falling within section 116A(8)(b)(i) or (c)(i) of PA 1997 ( 5 ) ; ” ;

(c) after the definition of “prohibition order” insert—

“ “relevant activity” means any activity which is a regulated activity relating to children within the meaning of—

(d) after the definition of “teacher” insert—

“ “up-date information” has the meaning given by section 116A(8) of PA 1997. ” .

(2) In regulation 3(3)—

(a) at the end of sub-paragraph (b) omit “and”; and

(b) for sub-paragraph (c) substitute—

“ (c) is not barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006 in any case where it is intended that the person will engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to that Act; and

(d) is not subject to a prohibition order or interim prohibition order or subject to any direction made under section 142 of EA 2002 ( 8 ) or any prohibition, restriction or order having effect as such a direction. ” .

(3) In regulation 3(5)(b) omit “to the Secretary of State”.

(4) After regulation 3(5) insert—

“ (6) For the purposes of these Regulations an enhanced criminal record certificate is subject to up-date arrangements in the circumstances set out in section 116A(3) of PA 1997.

(7) References to the giving of negative up-date information are references to the giving of such information under section 116A(1) of PA 1997. ” .

Amendments to Parts 2 and 3

4. —(1) In regulation 12(3) and in regulation 24(3) for “The” where it first appears substitute “Where it is intended that the person will engage in relevant activity, the”.

(2) After regulation 12(3) and after regulation 24(3) insert—

“ (3A) Where a governing body obtains an enhanced criminal record certificate in respect of any such person and that certificate is subject to up-date arrangements, it must consider whether to request up-date information in relation to the certificate under section 116A(1) of PA 1997. ” .

5. —(1) In regulation 18(1)(a)(i) after “5(a)(i)” insert “, (iii) and (iv)”.

(2) In regulation 30(1)(a)(i) for “paragraph 5(a)(i)” substitute “paragraphs 5(a)(i), (iii) and (iv) and 5A”.

(3) In regulation 18(1) and in regulation 30(1)—

(a) in sub-paragraph (a)(ii)—

(i) before “that it” insert “where it is intended that the person will engage in relevant activity,”; and

(ii) at the end omit “and”;

(b) after sub-paragraph (a)(iii) insert—

“ (iv) whether, if the employment business or another employment business has obtained such a certificate before the person is due to begin work at the school and the certificate is or has been subject to up-date arrangements, the employment business or another employment business has been given negative up-date information in relation to the certificate not more than three months before the person is due to begin work at the school; and ” ; and

(c) after “of the certificate” in sub-paragraph (b) insert—

“ ; and

(c) where an enhanced criminal record certificate is or has been subject to up-date arrangements and the employment business has been given negative up-date information in relation to the certificate not more than three months before the person is due to begin work at the school, a copy of the information ” .

(4) In regulation 18(2) and in regulation 30(2)—

(a) after “been” insert “issued and”; and

(b) after “school” insert “unless that certificate is or has been subject to up-date arrangements and the employment business or another employment business has been given negative up-date information in relation to the certificate not more than three months before the person is due to begin work at the school”.

(5) In regulation 18(5) and in regulation 30(5)—

(a) at the end of sub-paragraph (a) omit “and”; and

(b) after “of the certificate” in sub-paragraph (b) insert—

“ ; and

(c) if any such certificate is or has been subject to up-date arrangements and the employment business has been given negative up-date information in relation to the certificate not more than three months before the person is due to begin work at the school, to provide a copy of the information ” .

Amendments to Schedule 2

6. —(1) Schedule 2 is amended as follows.

(2) In paragraph 5—

(a) the existing provision becomes sub-paragraph (1);

(b) in sub-paragraph (1)(a)(i) after “2(a)” omit “to” and at the end omit “and”;

(c) at the end of sub-paragraph (1)(a)(ii) omit “and”;

(d) after sub-paragraph (1)(a)(ii) insert—

“ (iii) it has made a check to establish that the person is not subject to any direction under section 142 of EA 2002 or any prohibition, restriction or order having effect as such a direction; and

(iv) subject to sub-paragraph (2), it has made a check to establish that the person is not barred from regulated activity relating to children in accordance with section 3(2) of the Safeguarding Vulnerable Groups Act 2006; and ” ; and

(e) after sub-paragraph (1)(b) insert—

“ (2) In the case of a person supplied on or after 29th June 2015, sub-paragraph (1)(a)(iv) applies only if it is intended that the person will engage in any activity which is a regulated activity relating to children within the meaning of Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006. ” .

(3) In paragraph 6 after “18(5)” insert “or 30(5)”.

(4) After paragraph 6 insert—

“ 6A. In relation to any person supplied by an employment business on or after 29th June 2015, where written notification has been received from the employment business in accordance with a contract or other arrangements made pursuant to regulation 18(5) or 30(5) that it has been given negative up-date information in relation to an enhanced criminal record certificate not more than three months before the person was due to begin work at the school, whether the employment business provided a copy of the information. ” .