Part 4

Regulation and inspection of independent educational provision in England
Chapter 1

Independent educational institutions in England

Prohibition on participation in management of independent educational institutions

Prohibition on participation in management
128
1
The appropriate authority may direct that a person—
a
may not take part in the management of an independent educational institution;
b
may take part in the management of such an institution only in circumstances specified in the direction;
c
may take part in the management of such an institution 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 educational institution.
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 129 to 131, “the appropriate authority” means—
a
the Secretary of State, or
b
such other public authority as may be prescribed.
S. 128 in force at 19.6.2009 for specified purposes by S.I. 2009/1513, art. 2(2)
S. 128 in force at 8.9.2014 in so far as not already in force by S.I. 2014/2379, art. 2(c) (with art. 3(1)) (which transitional provisions in art. 3 are revoked (22.12.2014) by S.I. 2014/3364, art. 3(3), Sch.)
Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)
Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)