Article 4 Functions under section 142 of the Education Act 2002 during the relevant period

(1)

This article applies during the relevant period.

(2)

Subject to paragraphs (3) to (5), the following provisions in section 142 of the 2002 Act must be ignored—

(a)

in subsection (2), paragraphs (a) to (c);

(b)

subsection (3);

(c)

in subsection (4), paragraphs (a), (b), (d) and (e).

(3)

Paragraph (2) does not apply in relation to a person (X) where, before the start of the relevant period, the Secretary of State or the Welsh Ministers—

(a)

had given X the right to make representations, or

(b)

had otherwise exercised functions under section 142 of the 2002 Act in relation to X.

(4)

Paragraph (2) does not apply for the purposes of article 6.

(5)

Paragraph (2) does not apply for the purposes of construing a reference in any enactment or subordinate legislation to work to which section 142 of the 2002 Act applies.

(6)

The Education (Prohibition from Teaching or Working with Children) Regulations 2003 have effect as if—

(a)

in regulation 4, paragraphs (1)(a)(ii), (2)(a)(ii) and (3) were omitted, and

(b)

in paragraph 12 of Part 1^f1 of Schedule 2, for “an offence if he has been”, there were substituted “an offence if he does not satisfy any of the criteria prescribed for the purposes of paragraph 1 or 2 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 and he has been”.

Annotations

Footnotes

f1: Part 1 of Schedule 2 was substituted by S.I. 2007/195.