Education Act 2002

[F1 Prohibition on participation in management of independent schools E+W

Textual Amendments

F1 Ss. 167A-167D and cross-heading inserted (12.10.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 169, 188(3); S.I. 2009/2545, art. 3(1)(a)

167A Prohibition on participation in management of independent schools E+W

(1) The appropriate authority may direct that a person—

(a) may not take part in the management of an independent school;

(b) may take part in the management of an independent school only in circumstances specified in the direction;

(c) may take part in the management of an independent school only if conditions specified in the direction are satisfied.

(2) A direction under this section may be given in respect of a person only on one or more prescribed grounds connected with the suitability of persons to take part in the management of an independent school.

(3) Regulations may prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

(4) The appropriate authority may vary or revoke a direction under this section in prescribed cases.

(5) Regulations may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (4).

(6) In this section and sections 167B to 167D, “appropriate authority” means—

F2 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F3 ... the registration authority or such other public authority as may be prescribed.

Textual Amendments

F2 S. 167A(6)(a) repealed (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 22(a), Sch. 2 (with s. 139); S.I. 2014/3364, art. 2(z)(aa) (with art. 4)

F3 Words in s. 167A(6)(b) repealed (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 22(b), Sch. 2 (with s. 139); S.I. 2014/3364, art. 2(z)(aa) (with art. 4)

167B Directions under section 167A: appeals E+W

(1) A person in respect of whom a direction has been given under section 167A may appeal to the [F4 First-tier Tribunal]—

(a) against the decision to give the direction;

(b) against a decision not to vary or revoke the direction.

(2) Regulations may—

(a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant's case is inconsistent with his having been convicted of an offence;

(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;

(c) prescribe the powers available to the Tribunal on allowing an appeal under this section.

Textual Amendments

F4 Words in s. 167B substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833, art. 1(1), Sch. 3 para. 196

[F5 167C Directions under section 167A: information E+W

(1) Where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers may provide to that authority any information relating to a person which is held by the Welsh Ministers in connection with the Welsh Ministers' functions under this Chapter.

(2) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State and which appears to the Secretary of State to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

(3) The Chief Inspector may provide to the appropriate authority any information relating to a person which appears to the Chief Inspector to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

(4) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise of the appropriate authority's functions under section 167A or by virtue of section 167B.

(5) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for Wales, the Chief Inspector, the Secretary of State or, where the appropriate authority is a public authority other than the Welsh Ministers, the Welsh Ministers, any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.]

Textual Amendments

F5 S. 167C substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 23 (with s. 139); S.I. 2014/3364, art. 2(z) (with art. 4)

[F6 167D Directions under section 167A: notification E+W

Where the appropriate authority gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—

(a) the registration authority (unless the appropriate authority is the registration authority), and

(b) the Secretary of State and (if different) the appropriate authority for the purposes of sections 128 to 131 of the Education and Skills Act 2008 (prohibition on participation in management of independent educational institutions in England).]]

Textual Amendments

F6 S. 167D substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 23 (with s. 139); S.I. 2014/3364, art. 2(z) (with art. 4)