The School Staffing (England) (Amendment) Regulations 2012, SI 2012/1740, made pursuant to ss 35 and 36 of EA 2002, and coming into force on 1 September 2012, amend the School Staffing (England) Regulations 2009 (“the 2009 Regulations”).  They insert a new regulation (Regulation 8A) which requires the Governing Body of a maintained school to confirm whether or not a member of the teaching staff at that school has, within the last two years, been the subject of capability procedures (that is to say, procedures established in accordance with reg 8 of the 2009 Regulations for dealing with lack of capability on the part of staff at the school), and, if so, provide details, if asked to do so by the Governing Body of a maintained school, or the proprietor of an Academy School, to which that person has applied for a teaching post.  These Regulations also amend reg 4 of the 2009 Regulations to allow a Governing Body in accordance with that regulation, to delegate the performance of the function conferred on it by new regulations 8A.

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