# The Non-Maintained Special Schools (England) Regulations 2015, Regulation 2: Interpretation

Extent: E+W

(1) In these Regulations —
“the 1996 Act” means the Education Act 1996;
“the 1997 Act” means the Police Act 1997;
“the 2002 Act” means the Education Act 2002;
“the 2005 Act” means the Education Act 2005;
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
“children’s home” has the meaning given in section 1 of the Care Standards Act 2000
“EHC plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014;
“employment business” has the same meaning as in section 13(3) of the Employment Agencies Act 1973;
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B(1) 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;
“interim prohibition order” has the same meaning as in section 141C(7) of the 2002 Act;
“maintained special school” means a community or foundation special school;
“National Minimum Standards” means the statement of national minimum standards relating to residential special schools published in May 2022 by the Secretary of State for Education under section 87C(1) of the Children Act 1989; ...
“prohibition order” has the same meaning as in section 141B of the 2002 Act;
“Quality Standards” means the statement published in April 2015 by the Secretary of State under section 23 of the Care Standards Act 2000 relating to children’s homes
“registered person” has the meaning given in section 120(1) of the 1997 Act;
“relevant up-date information” means up-date information within the meaning given in section 116A(8)(b)(i) or 116A(8)(c)(i) of the 1997 Act;
“suitability information relating to children” has the same meaning as in section 113(BA)(2) of the 1997 Act;
“suitability information relating to vulnerable adults” has the same meaning as in section 113BB(2) of the 1997 Act;
“supply staff” means any person working at the school supplied by an employment business;
“up-date arrangements” has the same meaning as in section 116A(3) of the 1997 Act.
(2) In these Regulations, an “enhanced criminal check” is made if —
(a) an application for an enhanced criminal record certificate is made under section 113B(1) of the 1997 Act; 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) In these Regulations a person is appointed to a position if that person is—
(a) engaged to work at a school, other than a person supplied by an employment business, or
(b) appointed to the governing body of a school.
(4) A person is to be treated as meeting any staff qualification requirements if the person—
(a) fulfils any requirements with respect to qualifications or registration which apply to the person as a result of regulations made under sections 132 to 135 of the 2002 Act and regulations made under section 19 of the Teaching and Higher Education Act 1998;
(b) meets any conditions with respect to health and physical capacity, which apply to the person as a result of regulations made under section 141 of the 2002 Act;
(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 be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 of that Act; and
(d) is not subject to a prohibition order or an interim prohibition order.
(5) For the purposes of paragraphs 4(4), 5(2)(a)(ii) and 6(4) of Part 1 of the Schedule, an enhanced criminal record check is only relevant where a person or an individual is or will be engaging in—
(a) regulated activity within the meaning of Part 1 of Schedule 4 to the 2006 Act; or
(b) regulated activity relating to children or vulnerable adults within the meaning of Part 1 of Schedule 4 to the 2006 Act, as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 2012.

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Source: https://www.legislation.gov.uk/uksi/2015/728/regulation/2 (the official version)
Page: https://openlegislation.uk/non-maintained-special-schools-england-regulations-2015/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.