Regulation 12 Manner of appointmentI1C1
England and Wales
Where a governing body approves, identifies, selects or recommends a person for appointment under regulation 15(5), 15(7), 16(3) or 17(1), it must determine whether that person is to be appointed—
under a contract of employment with the authority;
by the authority otherwise than under a contract of employment; or
by the governing body otherwise than under a contract of employment.
The governing body must check—
the identity of any such person;
that the person meets all relevant staff qualification requirements; and
that the person has a right to work in the United Kingdom.
F1Where it is intended that the person will engage in relevant activity, the governing body must obtain an enhanced criminal record certificate in respect of any such person before, or as soon as practicable after, the person’s appointment.
Where a governing body obtains an enhanced criminal record certificate in respect of any such person and that certificate is subject to up-date arrangements, it must consider whether to request up-date information in relation to the certificate under section 116A(1) of PA 1997.
In the case of any such person for whom, by reason of having lived outside the United Kingdom, obtaining such a certificate is not sufficient to establish that person’s suitability to work in a school, the governing body must make such further checks as the authority consider appropriate, having regard to any guidance issued by the Secretary of State.
The governing body must complete the checks referred to in paragraphs (2) and (4) before a person is appointed.
Paragraphs (3) and (4) do not apply to a person who has worked in—
a school in England in a post—
which brought the person regularly into contact with children or young persons; or
to which the person was appointed on or after 12th May 2006 and which did not bring the person regularly into contact with children or young persons; or
an institution within the further education sector in England F3, or in a 16 to 19 Academy, in a post which involved the provision of education which brought the person regularly into contact with children or young persons,
during a period which ended not more than three months before the person’s appointment.
The governing body must keep a register containing the information specified in Schedule 2.
Annotations
Textual amendments
- F1
Words in reg. 12(3) substituted (29.6.2015) by The School Staffing (England) (Amendment) Regulations 2015 (S.I. 2015/887), regs. 1, 4(1)
- F2
Reg. 12(3A) inserted (29.6.2015) by The School Staffing (England) (Amendment) Regulations 2015 (S.I. 2015/887), regs. 1, 4(2)
- F3
Words in reg. 12(6)(b) inserted (1.5.2012) by The Alternative Provision Academies and 16 to 19 Academies (Consequential Amendments to Subordinate Legislation) (England) Order 2012 (S.I. 2012/979), art. 1(b), Sch. para. 26
Modifications
- C1
Regs. 12-22 applied (with modifications) by S.I. 2007/2979, Sch. 1 para. 28 (as substituted (1.4.2013) by The Pupil Referral Units (Miscellaneous Amendments) (No.2) (England) Regulations 2012 (S.I. 2012/3158), regs. 1, 3(9))
Commencement
- I1
Reg. 12 in force at 2.11.2009, see reg. 1(1)