Regulation 4 Amendments

(1)

Regulation 4 (interpretation) is renumbered as paragraph (1) of that regulation.

(2)

In regulation 4(1) as so renumbered—

(a)

for the definition of “staff” substitute the following definition—

““staff” means any person working at the school whether under a contract of employment, under a contract for services or otherwise than under a contract and includes a person working as a volunteer but does not include “supply staff”;”;

(b)

insert the following definitions in the appropriate place in alphabetical order—

““children’s suitability statement” has the meaning given by section 113C of the Police Act 1997^f1;”;

““employment business” has the meaning given in section 13(3) of the Employment Agencies Act 1973^f2 and includes a local authority and a person carrying on an employment business;

“enhanced criminal record certificate” has the meaning given by section 113B of the Police Act 1997;”; and

““supply staff” means any person working at the school supplied by an employment business.”.

(3)

After regulation 4(1) as so renumbered insert―

“(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 Part V of the Police Act 1997 and the application for the certificate is accompanied by a children’s suitability statement; and

(b)
the application is countersigned by a registered person (within the meaning of section 120 of the Police Act 1997^f3) or an application is countersigned on his behalf, and (in either case) the application is submitted in accordance with Part V of that Act.

(3)
In these Regulations, the “National Minimum Standards for Boarding Schools” and the “National Minimum Standards for Residential Special Schools” mean the standards published respectively under those titles in March 2002 by the Secretary of State for Health under section 23(1) of the Care Standards Act 2000^f4.”

Annotations

Footnotes

f1: 1997 c.50; section 113C was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15), amended by article 6(1) of S.I. 2005/3496 and prospectively repealed by section 63(2) of and Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 (c. 47).
f2: 1973 c.35; section 13 was last amended by sections 59 and 174(2) of, and paragraph 19 of Schedule 4 and Part 2 of Schedule 17 to, 2005 c. 15.
f3: Section 120 was last amended by sections 163(3) and 178(4) of, and paragraphs 1 and 6 of Schedule 14 to, 2005 c. 15.
f4: 2000 c. 14; there are amendments to section 23 not relevant to these Regulations.