The Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014
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Change 1
3 Procedure for giving a section 128 direction
(1) Before giving a section 128 direction in respect of a person the appropriate authority must give the person the opportunity to make representations as to why the appropriate authority should not give the direction. (2) The appropriate authority must give the person notice that the person may make such representations. (3) The appropriate authority must give the notice under paragraph (2) by sending it to the person by post. (4) A person to whom notice is given under paragraph (2) may make representations in writing within the period of two months starting on the day on which the notice was sent. (5) If— (a) a person to whom notice is given under paragraph (2) asks to make representations after the period mentioned in paragraph (4) has expired; and (b) the appropriate authority is satisfied that there were good reasons why the person failed to make representations in time, the appropriate authority may allow the person such further period to make representations as the appropriate authority considers reasonable. (6) Paragraphs (1), (2) and (3) do not apply where the appropriate authority does not know and cannot reasonably ascertain the whereabouts of the person concerned. (7) If a section 128 direction is given in respect of a person the appropriate authority must take all reasonable steps to notify the person of that fact.
3 Procedure for giving a section 128 direction
(1) Before giving a section 128 direction in respect of a person the appropriate authority must give the person the opportunity to make representations as to why the appropriate authority should not give the direction. (2) The appropriate authority must give the person notice that the person may make such representations. (3) The appropriate authority must give the notice under paragraph (2) by sending it to the person by post. (4) A person to whom notice is given under paragraph (2) may make representations in writing within the period of two months starting on the day on which the notice was sent. (5) If— (a) a person to whom notice is given under paragraph (2) asks to make representations after the period mentioned in paragraph (4) has expired; and (b) the appropriate authority is satisfied that there were good reasons why the person failed to make representations in time, the appropriate authority may allow the person such further period to make representations as the appropriate authority considers reasonable. (6) Paragraphs (1), (2) and (3) do not apply where the appropriate authority does not know and cannot reasonably ascertain the whereabouts of the person concerned. (7) If a section 128 direction is given in respect of a person the appropriate authority must take all reasonable steps to notify the person of that fact.
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