Part 8

Teachers

Misconduct etc.

Directions under section 142: appeal
144
1
A person in respect of whom a direction has been given under section 142 may appeal to the
First-tier Tribunal
—
a
against the decision to give the direction;
b
against a decision not to vary or revoke the direction.
2
In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.
3
This subsection applies to a case where—
a
the direction was given on the grounds that the applicant is unsuitable to work with children,
b
the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and
c
the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.
4
The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—
a
provide that the Tribunal may not entertain an appeal under this section in so far 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;
d
prescribe circumstances in which the Tribunal shall grant an application for leave under this section;
e
prescribe circumstances in which the Tribunal shall grant an application for a review under this section;
f
prescribe the powers available to the Tribunal on revoking a direction.
S. 144 partly in force; s. 144 not in force at Royal Assent, see s. 216; s. 144 in force for W. at 31.3.2003 by S.I. 2002/3185, art. 5, Sch. Pt. II
S. 144 in force at 31.3.2003 for W. by S.I. 2002/3185, art. 5, Sch. Pt. II
S. 144 in force at 1.6.2003 except in relation to W. by S.I. 2003/1115, art. 3
Words in s. 144(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 193
Ss. 142-144 repealed (12.10.2009 except for specified purposes) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 4 (with savings in art. 7)