# The Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014, Note: Explanatory note Extent: E+W (This note is not part of the Regulations) These Regulations prescribe the grounds on which a direction may be given under section 128 of the Education and Skills Act 2008 (“a section 128 direction”) prohibiting a person from taking part in the management of an independent school or alternative provision Academy in England, or placing a restriction on a person’s ability to do so. The Regulations also make provision about the procedure for giving a section 128 direction, the circumstances in which a section 128 direction may be varied or revoked and provision about appeals in respect of section 128 directions. Section 128 directions may be given in respect of a person who has been convicted of, been given a caution in respect of, or is subject to a relevant finding in respect of a relevant offence, or has engaged in relevant conduct, if the appropriate authority (the Secretary of State) considers that the person is therefore unsuitable to take part in the management of an independent school or alternative provision Academy (regulation 2). Regulation 2 provides that the reference to conduct includes conduct aimed at undermining fundamental British values, conduct that is in breach of professional standards, and conduct that is so inappropriate that it makes a person unsuitable to take part in the management of an independent school. Regulation 2 also provides that references to convictions and cautions include those that are spent provided there has been an order made excluding the operation of provisions of the Rehabilitation of Offenders Act 1974 which prohibit spent convictions and cautions being used as a ground to exclude a person from any office, profession, occupation or employment. Before making a section 128 direction, the appropriate authority must give the person an opportunity to make representations as to why the direction should not be given and notice of that opportunity (regulation 3). Regulation 3 makes provision about the giving of the notice and the period within which representations may be made. All reasonable steps must be taken to notify a person in respect of whom a section 128 direction has been made. The appropriate authority may vary or revoke a direction where a person seeks to have it revoked on one of the grounds set out in regulation 5, or in the absence of variation or revocation being sought, where new information comes to light or where there has been a material change in circumstances of the person subject to the direction, provided in all cases that the appropriate authority considers it appropriate to vary or revoke (regulation 4). Under regulation 5, a person subject to a section 128 direction may seek to have it varied or revoked on the grounds that the conviction, caution or finding in question has been quashed, that the conviction or caution in question is spent or becomes protected, or that a period of five years have passed since the finding in question was made. A person subject to a direction on conduct grounds may seek to have it varied or revoked on the grounds that new information has come to light or where there has been a material change in circumstances of the person subject to the direction. Section 129(1) of the Education and Skills Act 2008 provides for a right of appeal against decisions in respect of section 128 directions. Regulation 6 contains a restriction on the power of the Tribunal to entertain appeals in relation to section 128 directions which are given on the grounds of convictions. “Tribunal” is defined in section 124(5) of the Education and Skills Act 2008 as meaning the First-tier Tribunal. Regulation 7 provides for the Tribunal’s powers on allowing an appeal in relation to a section 128 direction. Where the Tribunal considers the decision to give the direction, or the decision not to vary or revoke it, is not appropriate it may order the appropriate authority to vary or revoke the direction. Regulation 8 sets out the circumstances in which a person subject to a direction under section 142 of the Education Act 2002 immediately before the coming into force of section 128 of the 2008 Act will be treated as being subject to a section 128 direction as from the day the Regulations come into force. --- Source: https://www.legislation.gov.uk/uksi/2014/1977/note (the official version) Page: https://openlegislation.uk/independent-educational-provision-in-england-prohibition-on-participation-in-management-regulations-2014/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.