Criminal Justice and Courts Services Act 2000

83 In the Education Reform Act 1988, after section 218 there is inserted—

“218A Regulations under section 218(6): further provision

(1) The power to make regulations under subsection (6) of section 218 above includes power to provide that a person may appeal to the Tribunal against—

(a) a decision to prohibit or restrict the person’s employment or further employment on the grounds mentioned in subsection (6ZA)(a) to (d) of that section; or

(b) a decision not to revoke or vary such a decision as is mentioned in paragraph (a) above.

(2) The regulations may—

(a) make provision as to the circumstances in which the Tribunal shall allow an appeal under the regulations and as to the powers available to it on allowing such an appeal;

(b) provide that, where a person has been convicted of an offence involving misconduct, no finding of fact on which the conviction must be taken to have been based shall be challenged on an appeal under the regulations.

(3) The power to make regulations under subsection (6) of that section also includes power to make provision for a person who has been subject, for a prescribed period, to a prohibition or restriction imposed by virtue of that subsection on relevant grounds to apply, with the leave of the Tribunal, for a review of the prohibition or restriction.

(4) The regulations may make provision as to—

(a) the circumstances in which an application for leave, or a review, under the regulations shall be determined in the person’s favour;

(b) the powers available to the Tribunal on determining a review in the person’s favour.

(5) In this section—

(a) “relevant grounds” means the grounds mentioned in section 218(6ZA)(c) above;

(b) “the Tribunal” means the Tribunal established under section 1 of the [1999 c. 14.] Protection of Children Act 1999.”