(1)This section applies to arrangements made by one person (the “agent”) for another person (the “worker”) to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract).
(2)Subsections (3) and (4) apply where an agent—
(a)has terminated the arrangements on a ground mentioned in section 142 of the Education Act 2002,
(b)might have terminated the arrangements on a ground mentioned in that section if the worker had not terminated them, or
(c)might have refrained from making new arrangements for a worker on a ground mentioned in that section if he had not ceased to make himself available for work.
(3)In the case of arrangements for a worker to carry out work in England, the agent shall provide prescribed information to such of the following as may be prescribed—
(a)the Secretary of State, and
(b)where the person is a registered teacher, the Council.
(4)In the case of arrangements for a worker to carry out work in Wales, the agent shall provide prescribed information to such of the following as may be prescribed—
(a)the National Assembly for Wales, and
(b)where the person is a registered teacher, the General Teaching Council for Wales.
(5)If the Secretary of State thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (3), the Secretary of State may direct the person to comply with the duty.
(6)If the National Assembly thinks that an agent has failed or is likely to fail to comply with a duty arising under subsection (4), the National Assembly may direct the person to comply with the duty.
(7)A direction under subsection (5) shall be enforceable, on the application of the Secretary of State, by mandatory order.
(8)A direction under subsection (6) shall be enforceable, on the application of the National Assembly, by a mandatory order.
(9)Subsections (4) and (5) of section 15 shall apply for the purposes of this section as they apply for the purposes of that section.]
Textual Amendments
F1 Ss. 15, 15A substituted for s. 15 (31.3.2003 for W. and 1.6.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 83 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3