Commentary Part 9: Miscellaneous Section 170: Prohibition on participation in management: supplementary
673.Section 170 makes supplementary provisions in connection with the direction making powers conferred by section 168.
674.Subsection (1) amends Section 169 of the 2002 Act, which makes provision for the circumstances in which the employment or use in an independent school of unsuitable persons might lead to an independent school being removed from the register maintained under section 158 of the 2002 Act. The amendment made by subsection (1) provides a power to prescribe the type of work carried out by staff which would engage the de-registration power. Subsection (1) also provides a power to prescribe, in respect of such persons, the orders, directions and decisions (and the enactments from which they derive) to which the person must be subject in order for him to be considered unsuitable for the purposes of the de-registration power contained in section 169 of the 2002 Act.
675.Subsection (2) amends section 113BA of the Police Act 1997, which sets out the suitability information relating to children which will be provided, in prescribed cases, to applicants for an enhanced Criminal Records Certificate. Subsection (2) provides that an enhanced CRB disclosure will include information about whether the applicant is subject to a direction prohibiting or restricting his participation in the management of an Independent School.
676.Subsection (3) amends section 9 of the Protection of Children Act 1999. The amendment inserts the new right of appeal (created by section 167B) against a decision to make, vary or revoke a direction into the list of appeals in respect of which provision can be made in Regulations about the proceedings of the Care Standards Tribunal.