Commentary on Sections Local education authority Legal background Sections 139, 140 and 141: Transitional provisions
163.These sections make transitional provisions in relation to independent educational institutions in Chapter 1 of Part 4. Section 139 allows for the continuity of law between existing and new provisions, so that regulatory functions and enforcement action can be carried out without a break. Section 140provides for the existing register of independent schools for England (kept under section 158 of the 2002 Act) to become the new register of independent educational institutions. It creates a power to waive fees payable to the Chief Inspector in relation to inspections. Section 141 reproduces for England the transitional provisions enacted in section 171 of the 2006 Act, which cover the transition from barring directions in relation to the participation in the management of independent schools currently made under section 142 of the 2002 Act to the powers of direction which are now re-enacted in section 128 of the Act (see paragraph 155 above).