(1)Where—
(a)a notice of complaint has been served on the proprietor of a school under section 469, and
(b)the complaint is not referred by him to an Independent Schools Tribunal under section 470 within the time limited by the notice,
the Secretary of State may (subject to subsection (2)) make any order which such a tribunal would have had power to make if the complaint had been so referred.
(2)If—
(a)it is alleged by the notice that a person employed as a teacher or other employee at the school is [F1unsuitable to work with children or is for any other reason] not a proper person to be a teacher or other employee in any school, and
(b)that person has, within the time limited by the copy of the notice served on him, referred the complaint to an Independent Schools Tribunal under section 470,
the Secretary of State may not make an order disqualifying him from being a teacher or other employee in any school.
Textual Amendments
F1Words in s. 471(2)(a) inserted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 24(4); S. I. 2002/920, {arts. 2, 3(3)(d)} (subject to savings and transitional provisions in Schs. 1-3)