The Education (Independent School Standards) (Coronavirus)
(Amendment) Regulations 2020
Laid before Parliament 28th May 2020
Coming into force 18th June 2020
These Regulations make amendments to the Independent School
Standards, as set out in the Schedule to the Education
(Independent School Standards) Regulations 2014 (“the 2014
Regulations”). In light of the fact that, because of the
coronavirus pandemic, the Department for Education is currently
unable to countersign applications for Disclosure and Barring
Service checks which the Secretary of State requires to be
carried out, the Regulations allow for alternative methods of
requesting such checks. They also make associated amendments not
directly arising from the coronavirus pandemic, to the 2014
Regulations.
Regulation 2(2) inserts a new definition of a “registered person”
into the 2014 Regulations. It also amends the definition of
“enhanced criminal record check” in order to ensure that it
includes certificates obtained through the electronic
transmission process and makes changes consequential on the
changes made by regulation 2(3).
Regulation 2(3) makes amendments to paragraphs 20(3) and 20(5) of
the Schedule to the 2014 Regulations. Paragraphs 20(3) and 20(5)
include, respectively, checks which are required to be made of an
individual proprietor of an independent school and the chair of a
proprietor body. The amended provisions will permit the Secretary
of State to request that an application for an enhanced criminal
record check is countersigned or transmitted by or on behalf of
another registered person rather than the Secretary of State
countersigning the application.
Regulation 2(3) also simplifies paragraph 20(6)(c) of the
Schedule to take account of the new definition “enhanced criminal
record check” in regulation 2(2), and amends paragraphs 20(7) and
20(8) so that they include references to the new paragraph
20(5)(c).
