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The Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2015

Consolidated Text Cited authorities 18 Cited in Related
Year2015

2015No. 387

EDUCATION

The Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2015

24thFebruary2015

27thFebruary2015

20thMarch2015

The Secretary of State for Education makes the following Regulations in exercise of the powers conferred by sections 342(2), (4) and (5) and 569(4) of the Education Act 1996( 1).

Citation, commencement and application

1.-(1) These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2015 and come into force on 20th March 2015.

(2) These Regulations apply in relation to England only.

Amendments

2. The Education (Non-Maintained Special Schools) (England) Regulations 2011( 2) are amended in accordance with regulations 3 and 4.

3.-(1) In regulation 2(1) insert-

(a) after the definition of "the 2005 Act" -

""the 2006 Act" means the Safeguarding Vulnerable Groups Act 2006( 3);";

(b) for the definition of "enhanced criminal record certificate", substitute-

"enhanced criminal record certificate" means an enhanced criminal record certificate issued under section 113B(1)( 4) of the 1997 Act which includes, in such cases as are from time to time prescribed under section 113BA(1) of that Act, suitability information relating to children or vulnerable adults, and any relevant up-date information where such a certificate is subject to up-date arrangements;";

(c) after the definition of "enhanced criminal record certificate" insert-

""interim prohibition order" has the meaning given in section 141C(7) of the 2002 Act( 5);";

(d) after the definition of "National Minimum Standards" insert-

""prohibition order" has the meaning given in section 141B(4)( 6) of the 2002 Act;";

(e) after the definition of "proprietor" insert-

""relevant up-date information" means up-date information within the meaning given in section 116A(8)(b)(i)( 7) or 116A(8)(c)(i) of the 1997 Act;

"suitability information relating to children" has the meaning given in section 113BA (2)( 8) of the 1997 Act;

"suitability information relating to vulnerable adults" has the meaning given in section 113BB(2)( 9)of the 1997 Act;

"up-date arrangements" has the meaning given in section 116A(3) of the 1997 Act;".

(2) For regulation 2(2) substitute-

"(2) For the purposes of these Regulations, an "enhanced criminal record check" is made if-(a) an application for an enhanced criminal record certificate is made under section 113B(1) of the 1997 Act and the application is countersigned by a registered person (as defined in section 120(1) of that Act) or on behalf of that person; or(b) where an enhanced criminal record certificate has been obtained under section 113B(1) of the 1997 Act and is subject to up-date arrangements, relevant up-date information is obtained.".

(3) At the end of regulation 2(4)(b) delete the word "and".

(4) For regulation 2(4)(c) substitute-

"(c) is not barred from regulated activity relating to children, to vulnerable adults or to both under section 3 of the 2006 Act, where that person is or will...

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