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7. After regulation 10 insert—
“10A.—(1) Subject to paragraph (2), a person may make an application under regulation 10 if—
(a)before 28th February 2007 he was—
(i)given a direction under section 142 of the 2002 Act by virtue of regulation 8 of these Regulations; or
(ii)given a direction under regulation 5 of the 2000 Regulations(1) by virtue of the application of regulation 9 of those Regulations; and
(b)he is not a person in relation to whom condition A, B or C is satisfied.
(2) A person may only make an application under this regulation with the leave of the Tribunal.
(3) The Tribunal must refuse to grant leave if it considers that the application has no reasonable prospect of success.”.
Regulation 2 of the 2003 Regulations provides that “the 2000 Regulations” means the Education (Restriction of Employment) Regulations 2000 (S.I. 2000/2419).
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