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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Further Education (Providers of Education) (England) Regulations 2006 No. 3199 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063199.html |
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| Made | 30th November 2006 | ||
| Laid before Parliament | 8th December 2006 | ||
| Coming into force | 1st January 2007 |
(2) A person meets the relevant staff qualification requirements if—
(3) For the purposes of these Regulations a person applies for an enhanced criminal record certificate if he countersigns an application for the certificate as a registered person (within the meaning of section 120 of the Police Act 1997) or if an application is countersigned on his behalf, and the application is submitted to the Secretary of State in accordance with Part V of that Act.
(4) In order to carry out an enhanced criminal record check a person must—
Conditions to be complied with
4.
These Regulations specify conditions to be complied with in respect of persons providing education at a further education institution[5].
New members of staff
5.
It is a condition in respect of a new member of staff that the governing body of a further education institution must—
(1) check his identity;
(2) check that he has a right to work in the United Kingdom;
(3) check that he meets all relevant staff qualification requirements;
(4) check whether he is subject to any direction made under section 142 of the Education Act 2002; and
(5) carry out an enhanced criminal record check in respect of him where his position will involve a relevant activity.
6.
Where the governing body of a further education institution considers that, by reason of a new member of staff having lived outside the United Kingdom, carrying out an enhanced criminal record check is not sufficient for the purposes of considering his suitability for a position that will involve a relevant activity, it is a condition that the governing body must make such further checks as it considers appropriate, having regard to any guidance issued by the Secretary of State.
7.
Subject to regulation 9, the checks specified in regulations 5(1) to (4) and 6 must be completed before the new member of staff begins work at the further education institution.
8.
Subject to regulation 9, the check specified in regulation 5(5) must be carried out before the new member of staff begins work at the further education institution or as soon as practicable after he begins work there.
9.
The checks specified in regulations 5(5) and 6 do not need to be carried out where the new member of staff—
(1) has worked in either—
(2) is due to begin work at the further education institution on a date which is not more than three months after the date on which he ceased to work in a position of the kind referred to in paragraph (1).
Staff who move positions
10.
A person not supplied by an employment business who moves from a position which did not involve the provision of education to a position which involves the provision of education at the same further education institution on or after 1st January 2007 is treated as a new member of staff for the purposes of regulations 5 to 9, and references in those regulations to beginning work shall be construed as references to taking up the position providing education.
Supply staff
11.
It is a condition that the governing body of a further education institution must not accept a person offered by an employment business to provide education at the institution (a "relevant person") unless the governing body has received from the employment business written confirmation that the checks specified in regulation 18 have been carried out in respect of the relevant person.
12.
Where the relevant person's position will involve a relevant activity, the governing body of a further education institution must not accept the relevant person to provide education at the institution unless the conditions in regulation 13 or 14 have been complied with.
13.
The conditions in this regulation are that the governing body has received from the employment business written confirmation that a children's suitability statement has been submitted and an enhanced criminal record certificate applied for by or on behalf of the employment business but the certificate has not yet been received.
14.
The conditions in this regulation are that the governing body has received written confirmation from the employment business—
(1) that, subject to regulation 19, an enhanced criminal record check has been carried out (whether by that employment business or another employment business) not more than three months before the date that the relevant person is due to begin work at the institution;
(2) that the employment business has obtained a copy of the enhanced criminal record certificate; and
(3) as to whether the enhanced criminal record certificate gives details of any relevant matter relating to the person which is recorded in central records or gives any information provided in accordance with section 113B(4) of the Police Act 1997 or as to whether any information has been provided in accordance with section 113B(6) of the Police Act 1997.
15.
If the governing body receives written confirmation under regulation 14 that the enhanced criminal record certificate gives details of any relevant matter relating to the relevant person which is recorded in central records or gives any information provided in accordance with section 113B(4) of the Police Act 1997 or that information has been provided in accordance with section 113B(6) of the Police Act 1997, it is a condition that the governing body of the further education institution must not accept the relevant person to provide education at the institution unless a copy of the certificate has been received from the employment business.
16.
It is a condition that the governing body of a further education institution must, at the institution, check the identity of a relevant person before that person may begin work at the institution (irrespective of any such check already carried out by the employment business).
17.
It is a condition that in the contract or other arrangements that the governing body of a further education institution enters into with an employment business, the employment business must be required to comply with the following requirements in respect of any relevant person—
(1) to notify the governing body in writing that the checks specified in regulation 18 have been carried out;
(2) where the person's position involves a relevant activity, to notify the governing body in writing that—
(3) where the enhanced criminal record certificate gives details of any relevant matter relating to the person which is recorded in central records or gives any information provided in accordance with section 113B(4) of the Police Act 1997 or where information has been provided in accordance with section 113B(6) of the Police Act 1997, to notify the governing body and provide a copy of the certificate.
18.
The checks in respect of a relevant person are—
(1) a check of his identity;
(2) a check that he has a right to work in the United Kingdom;
(3) a check that he meets all relevant staff qualification requirements;
(4) a check to establish whether he is subject to any direction made under section 142 of the Education Act 2002; and
(5) subject to regulation 19, where the employment business considers that, by reason of him having lived outside the United Kingdom, carrying out an enhanced criminal record check is not sufficient for the purposes of considering his suitability for a position that will involve a relevant activity, such further checks as the employment business considers appropriate, having regard to any guidance issued by the Secretary of State.
19.
—(1) Where the circumstances in paragraph (2) apply, the check specified in regulation 18(5) is not required and the enhanced criminal record check referred to in regulations 14(1) and 17(2) may have been carried out more than three months before the date that the relevant person is due to begin work at the institution.
(2) The circumstances are—
during a period which ended not more than three months before the date that he is due to begin work at the institution.
Record keeping
20.
It is a condition that a governing body of a further education institution must keep a register in respect of all persons who are providing education at the institution.
21.
The register must be kept from—
(1) 1st January 2007 in respect of persons who begin work at the institution on or after 1st January 2007; and
(2) 1st April 2007 in respect of persons who are in post on 1st April 2007 and who began work at the institution before 1st January 2007.
22.
It is a condition that the governing body of a further education institution must ensure that there is recorded in the register against the name of each person providing education at the institution who has not been supplied by an employment business the information that is specified in Part 1 of the Schedule.
23.
It is a condition that the governing body of a further education institution must ensure that there is recorded in the register against the name of each person providing education at the institution who has been supplied by an employment business the information that is specified in Part 2 of the Schedule.
24.
It is immaterial for the purposes of regulations 22 and 23 whether the information to be recorded was obtained pursuant to a legal obligation.
25.
The register required to be kept pursuant to regulation 20 may be kept in electronic form, provided that the information so recorded is capable of being reproduced in legible form.
Bill Rammell
Minister of State Department for Education and Skills
30th November 2006
3.
for each written notification listed in paragraph 2 that has been received, the date on which the notification was received;
4.
where the employment business has obtained an enhanced criminal record certificate, whether it gives details of any relevant matter relating to the person which is recorded in central records or gives any information provided in accordance with section 113B(4) of the Police Act 1997 or whether any information has been provided in accordance with section 113B(6) of the Police Act 1997;
5.
whether a copy of an enhanced criminal record certificate has been provided to the governing body of the further education institution.
[2] 1997 c. 50; sections 113A, 113B and 113C were inserted by the Serious Organised Crime and Police Act 2005 (c. 15), section 163(2).back
[5] "further education institution" has the meaning given in section 140(3) of the Education Act 2002.back