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Safeguarding Vulnerable Groups Act 2006
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Changes over time for: Section 4
Changes to legislation:
Safeguarding Vulnerable Groups Act 2006, Section 4 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 4:
- s. 6(8A) (8B) inserted by 2008 c. 14 Sch. 14 para. 8
- s. 6(8A) word omitted by S.I. 2016/413 reg. 253(a)(i) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
- s. 6(8A) words inserted by S.I. 2016/413 reg. 253(a)(ii) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
- s. 30A 30B substituted for s. 30-32 by 2012 c. 9 s. 72(1)
- s. 33(3A)-(3D) inserted by 2012 c. 9 s. 72(2)(c)
- s. 34ZA inserted by 2012 c. 9 s. 73
- s. 48(2A) inserted by 2012 c. 9 s. 76(3)(c)
- s. 49(2A) inserted by 2012 c. 9 s. 76(4)(c)
- s. 56(3)(fa) inserted by 2012 c. 9 Sch. 9 para. 68(4)(b)
- Sch. 3 para. 5A inserted by 2012 c. 9 s. 74(1)
- Sch. 3 para. 11A inserted by 2012 c. 9 s. 74(3)
- Sch. 4 para. 1(9B)(ia) inserted by 2022 asc 1 Sch. 4 para. 21(2)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(8A) (8B) inserted by 2008 c. 14 Sch. 14 para. 8
- s. 6(8A) word omitted by S.I. 2016/413 reg. 253(a)(i) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
- s. 6(8A) words inserted by S.I. 2016/413 reg. 253(a)(ii) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
- s. 30A 30B substituted for s. 30-32 by 2012 c. 9 s. 72(1)
- s. 33(3A)-(3D) inserted by 2012 c. 9 s. 72(2)(c)
- s. 34ZA inserted by 2012 c. 9 s. 73
- s. 48(2A) inserted by 2012 c. 9 s. 76(3)(c)
- s. 49(2A) inserted by 2012 c. 9 s. 76(4)(c)
- s. 56(3)(fa) inserted by 2012 c. 9 Sch. 9 para. 68(4)(b)
- Sch. 3 para. 5A inserted by 2012 c. 9 s. 74(1)
- Sch. 3 para. 11A inserted by 2012 c. 9 s. 74(3)
- Sch. 4 para. 1(9B)(ia) inserted by 2022 asc 1 Sch. 4 para. 21(2)
4AppealsE+W
This section has no associated Explanatory Notes
(1)An individual who is included in a barred list may appeal to the [F1Upper] Tribunal against—
F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a decision under paragraph [F32,] 3, 5, [F48,] 9 or 11 of [F5Schedule 3] to include him in the list;
(c)a decision under paragraph 17 [F6, 18 or 18A] of that Schedule not to remove him from the list.
(2)An appeal under subsection (1) may be made only on the grounds that [F7DBS] has made a mistake—
(a)on any point of law;
(b)in any finding of fact which it has made and on which the decision mentioned in that subsection was based.
(3)For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
(4)An appeal under subsection (1) may be made only with the permission of the [F1Upper] Tribunal.
(5)Unless the [F1Upper] Tribunal finds that [F7DBS] has made a mistake of law or fact, it must confirm the decision of [F7DBS] .
(6)If the [F1Upper] Tribunal finds that [F7DBS] has made such a mistake it must—
(a)direct [F7DBS] to remove the person from the list, or
(b)remit the matter to [F7DBS] for a new decision.
(7)If the [F1Upper] Tribunal remits a matter to [F7DBS] under subsection (6)(b)—
(a)the [F1Upper] Tribunal may set out any findings of fact which it has made (on which [F7DBS] must base its new decision); and
(b)the person must be removed from the list until [F7DBS] makes its new decision, unless the [F1Upper] Tribunal directs otherwise.
F8(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in s. 4 inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(a)
F2S. 4(1)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
F3Word in s. 4(1)(b) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(b)(i) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F4Word in s. 4(1)(b) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(b)(ii) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F5Words in s. 4(1)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(b)(iii) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F6Words in s. 4(1)(c) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(c) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F7Word in s. 4 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(a) (with Pt. 4)
F8S. 4(8)-(11) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(b)
Modifications etc. (not altering text)
C1S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(6)
C2S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(6)
C3S. 4 transfer of functions (3.11.2008) by First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), arts. 1, 7(a)(vi)
Commencement Information
I1S. 4(1)-(7)(9)-(11) in force at 19.5.2008 by S.I. 2008/1320, art. 2(b)
I2S. 4(8) in force at 31.12.2007 by S.I. 2007/3545, art. 2(d)
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