Education and Skills Act 2008

141 Prohibition on participation in management E+W

(1) A person falls within this subsection if—

(a) immediately before the relevant day the person is subject to a direction under section 142 of the Education Act 2002 (c. 32) given on grounds prescribed for the purposes of this section, and

(b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the [F1 Disclosure and Barring Service] under the Safeguarding Vulnerable Groups Act 2006 (c. 47)) are satisfied in relation to the person.

(2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of the Education Act 2002 were a direction given by the appropriate authority under section 128 of this Act.

(3) Regulations under this section may make provision in connection with the determination of any appeal under subsection (1) of section 144 of the Education Act 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.

(4) Regulations made by virtue of subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of the Education Act 2002 to be treated as an appeal under section 129 of this Act.

(5) In this section—

• “appropriate authority” has the same meaning as in sections 128 to 131 (see section 128(6));

• “the relevant day” means the day on which section 128 comes into force.

Textual Amendments

F1 Words in s. 141(1)(b) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(2)(g) (with Pt. 4)

Commencement Information

I1 S. 141 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2)

I2 S. 141 in force at 5.1.2015 in so far as not already in force by S.I. 2014/3364, art. 2(y)