The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008

• Citation: S.I. 2008/473
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 and comes into force on 7th April 2008.

(2) In this Order—

“the 1999 Act ” means the Protection of Children Act 1999 ;

“the 2000 Act ” means the Criminal Justice and Court Services Act 2000 ;

“the 2002 Act ” means the Education Act 2002 ;

“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;

“the CSA ” means the Care Standards Act 2000 ;

“disqualification order” means an order under section 28, 29 or 29A of the 2000 Act ;

“Tribunal” means the Tribunal established under section 9 of the 1999 Act.

Section 2 Inclusion in the children’s barred list: persons disqualified from working with children

(1) This article applies to a person, other than a person to whom article 3(1) applies, (“X”)—

(a) who is—

(i) included (otherwise than provisionally) in the list kept under section 1 of the 1999 Act (individuals considered unsuitable to work with children) ;

(ii) subject to a disqualification order; or

(iii) subject to a direction under section 142(1) of the 2002 Act (prohibition from teaching etc. ), given on the grounds that X is unsuitable to work with children (including any prohibition, restriction or disqualification which has effect as if it were contained in such a direction on those grounds );

(b) who has no appeal or review outstanding under the 1999 Act or the 2000 Act , or representations, appeal or review outstanding under the 2002 Act , or in whose case the time limit for making representations or appealing under those Acts has expired; and

(c) who is referred by the Secretary of State to IBB .

(2) IBB must—

(a) include X in the children’s barred list , and

(b) subject to paragraphs (5) and (7), give X the opportunity to make representations as to why X should be removed from the children’s barred list.

(3) Regulation 2 (representations) of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008 applies in relation to representations made under paragraph (2)(b) as it applies in relation to representations made under Schedule 3 to the Act.

(4) IBB must consider any representations made by X and if it appears to IBB in light of those representations that it is not appropriate for X to be included in the children’s barred list, it must remove X from that list.

(5) Part 3 of Schedule 3 to the Act in its application to the functions of IBB under this article has effect subject to the following modifications—

(a) in paragraph 16(1)—

(i) for “any provision of this Schedule” substitute “article 2 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”; and

(ii) for “this Schedule” substitute “that article”;

(b) after paragraph 16(1), insert—

(1A) A person to whom article 2(2)(b) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 applies may make representations as to why he should be removed from the children’s barred list in accordance with that provision only in relation to his engaging in regulated activity relating to children which does not constitute work in a regulated position within the meaning of section 36 of the Criminal Justice and Court Services Act 2000.

(c) in paragraph 16(2), for “Schedule” substitute “article 2 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”;

(d) in paragraph 18(4), for the words “he was included” to “(as the case may be)” substitute “the date of the most recent disqualification decision made in respect of him”;

(e) after paragraph 18(4), insert—

(4A) In sub-paragraph (4), “disqualification decision” means—

(a) a decision of the Secretary of State—

(i) to include the person (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999, or

(ii) not to remove him from that list;

(b) a decision of the Tribunal not to direct the person’s removal from the list referred to in sub-paragraph (4A)(a);

(c) a decision of the court to make a disqualification order (within the meaning given by paragraph 24(6)(b)) in respect of the person;

(d) a decision of the Tribunal, that the person should continue to remain subject to that disqualification order;

(e) a decision of the Secretary of State—

(i) to make the person subject to a direction under section 142(1) of the Education Act 2002, given on the grounds that the person is unsuitable to work with children (including any prohibition, restriction or disqualification which has effect as if it were contained in such a direction on those grounds), or

(ii) not to revoke that direction;

(f) a decision of the Tribunal not to order the Secretary of State to revoke the direction referred to in sub-paragraph (4A)(e).

(f) in paragraph 19(1)(a) and (d), for “any of paragraphs 1 to 5 or 7 to 11”, substitute “article 2(1) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”.

(6) X may appeal to the Tribunal against a decision under this article not to remove him from the children’s barred list and section 4 of the Act applies in relation to an appeal under this paragraph as it applies in relation to an appeal under subsection (1) of that section.

(7) Paragraph (2)(b) does not apply to a person if any of the criteria prescribed for the purposes of paragraph 1 of Schedule 3 to the Act as it has effect for the purposes of this paragraph is satisfied in relation to that person.

Section 3 Inclusion in the children’s barred list: other persons prohibited from teaching etc.

(1) This article applies to a person (“Y”)—

(a) who—

(i) is included in the list kept under section 1 of the 1999 Act on transfer from the Consultancy Service Index under section 3 of that Act and is not subject to a disqualification order or a direction under section 142(1) of the 2002 Act given on grounds that Y is unsuitable to work with children; or

(ii) is subject to a direction under section 142(1) of the 2002 Act (including any prohibition, restriction or disqualification which has effect as if it were contained in such a direction), given only—

(aa) on grounds relating to Y’s misconduct;

(bb) on grounds relating to Y’s health;

(cc) on grounds relating to Y’s professional incompetence;

(b) who has no appeal or review outstanding under the 1999 Act or the 2002 Act or in whose case the time limit for appealing under those Acts has expired; and

(c) who is referred by the Secretary of State to IBB.

(2) IBB must consider including Y in the children’s barred list in accordance with paragraphs 3 to 5 of Schedule 3 to the Act.

Section 4 Inclusion in the adults’ barred list: persons considered unsuitable to work with vulnerable adults

(1) This article applies to a person (“X”)—

(a) who is included (otherwise than provisionally) in the list kept under section 81 of the CSA (individuals considered unsuitable to work with vulnerable adults);

(b) who has no appeal or review outstanding under the CSA or in whose case the time limit for appealing under that Act has expired; and

(c) who is referred by the Secretary of State to IBB.

(2) IBB must—

(a) include X in the adults’ barred list , and

(b) subject to paragraphs (5) and (7), give X the opportunity to make representations as to why he should be removed from the adults’ barred list.

(3) Regulation 2 (representations) of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations 2008 applies in relation to representations made under paragraph (2)(b) as it applies in relation to representations made under Schedule 3 to the Act.

(4) IBB must consider any representations made by X and if it appears to IBB in light of those representations that it is not appropriate for X to be included in the adults’ barred list, it must remove X from that list.

(5) Part 3 of Schedule 3 to the Act in its application to the functions of IBB under this article has effect subject to the following modifications—

(a) in paragraph 16(1)—

(i) for “any provision of this Schedule” substitute “article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”; and

(ii) for “this Schedule” substitute “that article”;

(b) after paragraph 16(1), insert—

(1A) A person to whom article 4(2)(b) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 applies may make representations as to why he should be removed from the adults’ barred list in accordance with that provision only in relation to his engaging in regulated activity relating to vulnerable adults which does not constitute work in a care position within the meaning of section 80(2)(a) and (c) of the Care Standards Act 2000.

(c) in paragraph 16(2), for “Schedule” substitute “article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”;

(d) in paragraph 18(4), for the words “he was included” to “(as the case may be)” substitute “the date of the most recent disqualification decision made in respect of him”;

(e) after paragraph 18(4), insert—

(4A) In sub-paragraph (4), “disqualification decision” means—

(a) a decision of the Secretary of State—

(i) to include the person in the list kept under section 81 of the Care Standards Act 2000, or

(ii) not to remove him from that list; or

(b) a decision of the Tribunal not to direct the person’s removal from the list referred to in sub-paragraph (4A)(a).

(f) in paragraphs 19(1)(a) and (d), for “any of paragraphs 1 to 5 or 7 to 11”, substitute “article 4(1) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008”.

(6) X may appeal to the Tribunal against a decision under this article not to remove him from the adults’ barred list and section 4 of the Act applies in relation to an appeal under this paragraph as it applies to an appeal under subsection (1) of that section.

(7) Paragraph (2)(b) does not apply to a person if any of the criteria prescribed for the purposes of paragraph 7 of Schedule 3 to the Act as it has effect for the purposes of this paragraph is satisfied in relation to that person.