Paragraph 6 Suitability of the chair of the governing bodyI1
England and Wales
A person may only be appointed chair of the governing body of a school if the requirements of sub-paragraphs F1(2), (3), (4), (5) and (6) are satisfied.
Checks must have been made that the individual—
is not barred from regulated activity relating to children or vulnerable adults, or to both, in accordance with section 3 of the 2006 Act, where that individual is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act; and
does not carry out work, or intend to carry out work, at the school in contravention of a prohibition order or an interim prohibition order.
The Secretary of State must make the following checks relating to the individual —
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in the case of an individual, for whom by reason of that individual living or having lived outside the United Kingdom, obtaining an enhanced criminal record certificate is not sufficient to establish the individual’s suitability to work in a school, such further checks as the Secretary of State considers appropriate.
The Secretary of State receives confirmation that, where relevant to the individual, an enhanced criminal record check has been made relating to the individual—
which is countersigned by the Secretary of State or by or on behalf of another registered person who is asked to arrange countersignature of the application by the Secretary of State; or
which is transmitted by or on behalf of a registered person who is asked to arrange transmission of the application by the Secretary of State;
and, where an enhanced criminal record check is made, the Secretary of State either obtains an enhanced criminal record certificate relating to the individual or confirms to the individual that no certificate is required to be provided to the Secretary of State.
The Secretary of State—
makes checks confirming the individual’s identity; or
requests the individual or another person that checks are made for the purposes of confirming the individual’s identity, and following that request, evidence is provided to the satisfaction of the Secretary of State that the individual is in fact the person with the particular identity that the individual claims to have; and
notifies the individual that the Secretary of State is satisfied that the individual’s identity has been confirmed.
The Secretary of State —
makes checks confirming that the individual has a right to work in the United Kingdom; or
requests the individual or another person that checks are made for the purposes of confirming that the individual has the right to work in the United Kingdom, and following that request, evidence is provided to the satisfaction of the Secretary of State that the individual has that right; and
notifies the individual that the Secretary of State is satisfied that the individual has that right.
Annotations
Textual amendments
- F1
Words in Sch. para. 6(1) substituted (1.11.2021) by The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021 (S.I. 2021/1124), regs. 1(1), 2(3)(a)
- F2
Sch. para. 6(3)(a) omitted (1.11.2021) by virtue of The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021 (S.I. 2021/1124), regs. 1(1), 2(3)(b)
- F3
Sch. para. 6(3)(b) omitted (1.11.2021) by virtue of The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021 (S.I. 2021/1124), regs. 1(1), 2(3)(b)
- F4
Sch. para. 6(4) substituted (1.11.2021) by The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021 (S.I. 2021/1124), regs. 1(1), 2(3)(c)
- F5
Sch. paras. 6(5)(6) inserted (1.11.2021) by The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021 (S.I. 2021/1124), regs. 1(1), 2(3)(d)
Commencement
- I1
Sch. para. 6 in force at 1.9.2015, see reg. 1(1)