Commentary Part 9: Miscellaneous Section 171: Prohibition on participation in management; transitional provisions.
677.Section 171 contains transitional provisions connected with the powers to prohibit unsuitable persons participating in the management of an independent school. Subsections (1) and (2) provide for a direction given under section 142 of the 2002 Act (Prohibition from teaching etc), which is repealed by the Safeguarding Vulnerable Groups Act 2006, to be treated for certain purposes as if it were a direction made by the appropriate authority under section 167A. These transitional arrangements will apply to any person who, on a relevant day (the date on which section 167A comes into force), was subject to a direction under section 142 of the 2002 Act and meets conditions which will be prescribed in regulations.
678.Subsections (3) and (4) provide a power for regulations to make provision concerning any outstanding appeals or applications for reviews made by a person subject to the transitional arrangements set out above. In particular, regulations may provide that an outstanding appeal or application for review may be treated as an appeal to the Care Standards Tribunal under the appeal provisions contained in section 167B.