In subsection (1)—

• “children's home” has the same meaning as in the Care Standards Act 2000;

• “teaching work” means work of a kind specified in regulations under this section (and such regulations may make provision by reference to specified activities or by reference to the circumstances in which activities are carried out).

Where the Secretary of State finds on an investigation of a case under subsection (1) that there is a case to answer, the Secretary of State must decide whether to make a prohibition order in respect of the person.

Schedule 11A (regulations about decisions under subsection (2)) has effect.

In this section—

• a “prohibition order” means an order prohibiting the person to whom it relates from carrying out teaching work;

• “teaching work” has the same meaning as in section 141A(1);

• “relevant offence”, in relation to a person, means—

  1. a

     in the case of a conviction in England and Wales, a criminal offence other than one having no material relevance to the person's fitness to be a teacher, and

  2. b

     in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would be within paragraph (a).

The Secretary of State may include on the list the name of any person who has been prohibited from teaching in Wales, Scotland or Northern Ireland that the Secretary of State thinks appropriate to include on the list.

The Secretary of State must secure that, where the name of a person is included on the list because an interim prohibition order has effect in respect of the person, there is an indication on the list to that effect.

The Secretary of State must secure that, where the name of a person is included on the list because the person has failed satisfactorily to complete an induction period under section 135A, there is an indication on the list to that effect.

The list may contain such other information in relation to the persons whose names are included on it as the Secretary of State considers appropriate.

The list must be available for inspection by members of the public.

In this section—

• “prohibition order” has the same meaning as in section 141B;

• “interim prohibition order” means an order made by virtue of paragraph 3 of Schedule 11A.

This section applies where a relevant employer has ceased to use the services of a teacher because the teacher has been guilty of serious misconduct.

This section also applies where a relevant employer might have ceased to use the services of a teacher as mentioned in subsection (1) had the teacher not ceased to provide those services.

The employer must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.

In this section—

• “relevant employer” means—

  1. a

     a local authority;

  2. b

     a person exercising a function relating to the provision of education on behalf of a local authority;

  3. c

     the proprietor of a school F3or 16 to 19 Academy;

  4. d

     a sixth form college corporation;

  5. e

     a person who employs a person to teach in a children's home or in relevant youth accommodation;

• “education” includes vocational, social, physical and recreational training;

• “children's home” has the same meaning as in the Care Standards Act 2000;

• “services” includes professional and voluntary services;

• “teacher” means a person within section 141A(1).

This section applies where arrangements have been made by a person (the “agent”) for a teacher to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract) and the agent has terminated the arrangements because the teacher has been guilty of serious misconduct.

The agent must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.

In this section “relevant employer” and “teacher” have the same meanings as in section 141D.