{
  "url": "https://openlegislation.uk/school-staffing-england-amendment-regulations-2013/note",
  "json_url": "https://openlegislation.uk/school-staffing-england-amendment-regulations-2013/note.json",
  "legislation": "uksi/2013/1940",
  "legislation_title": "The School Staffing (England) (Amendment) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/school-staffing-england-amendment-regulations-2013",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nSection 141B of the Education Act 2002 (“EA 2002”) provides the Secretary of State with a power to investigate where an allegation is referred to the Secretary of State that a person may be guilty of unacceptable professional conduct or conduct which brings the profession into disrepute or has been convicted of a relevant criminal offence. Section 141B(2) EA 2002 provides that where the Secretary of State finds on investigation that there is a case to answer, the Secretary of State must decide whether to make a prohibition order in respect of that person.\nRegulations 12 and 24 of the School Staffing (England) Regulations 2009 (“the principal regulations”) provide that where a governing body is to appoint a person, they must check whether that person meets relevant staff qualifications. Regulation 3 sets out various staff qualifications. These Regulations amend the principal regulations so that when determining whether an appointed person is to be treated as meeting the staff qualification requirements, the governing body must check that the person to be appointed is not a person who is subject to a prohibition order or interim prohibition order. These Regulations also amend Schedule 2 to the principal regulations to provide that for members of staff appointed on or after 2nd September 2013, governing bodies are required to record in a register whether a check has been made that the person is not subject to a prohibition order or interim prohibition order. Further amendments to Schedule 2 to the principal regulations require the governing body to ensure that they have had written notification from an employment business that a check that a person is not subject to a prohibition order or interim prohibition order has been made and that for members of staff supplied on or after 2nd September 2013, the checks are recorded in the register.\nAn impact assessment has not been produced for this instrument as it has minimal impact on businesses, the public sector, or civil society organisations.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/1940/note",
    "retrieved_at": "2026-10-29T00:45:45.179726+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}