Safeguarding Vulnerable Groups Act 2006 (c. 47)

Barring E+W+N.I.

1 [F1 Independent Safeguarding Authority] E+W+N.I.

[F2 (1) There shall be a body corporate to be known as the [F1 Independent Safeguarding Authority] (“[F1 ISA]”).

(2) Schedule 1 makes provision relating to [F1 ISA].

(3) Schedule 2 (transfers to [F1 ISA]) has effect.]

Textual Amendments

F1 Words in s. 1 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(i), 116(5)(a)

F2 S. 1 ceases to have effect (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 112 (with Pt. 4)

Commencement Information

I1 S. 1 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3

I2 S. 1 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)

2 Barred lists E+W

(1) [F3 DBS] must F4 ... maintain—

(a) the children's barred list;

(b) the adults' barred list.

(2) Part 1 of Schedule 3 applies for the purpose of determining whether an individual is included in the children's barred list.

(3) Part 2 of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.

(4) Part 3 of that Schedule contains supplementary provision.

(5) In respect of an individual who is included in a barred list, [F3 DBS] must keep other information of such description as is prescribed.

Textual Amendments

F3 Word in s. 2 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)

F4 Words in s. 2 omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 4 (with Pt. 4)

Commencement Information

I3 S. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I4 S. 2 in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(a)

I5 S. 2 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

I6 S. 2(2)(3) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(a)

I7 S. 2(2)-(4) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)

I8 S. 2(4) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(b)

I9 S. 2(4) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)

I10 S. 2(5) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(c)

3 Barred persons E+W

(1) A reference to a person being barred from regulated activity must be construed in accordance with this section.

(2) A person is barred from regulated activity relating to children if he is—

(a) included in the children's barred list;

(b) included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list.

(3) A person is barred from regulated activity relating to vulnerable adults if he is—

(a) included in the adults' barred list;

(b) included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.

Commencement Information

I11 S. 3 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

I12 S. 3(1)(2)(a) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I13 S. 3(2)(b)(3)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(a)

4 Appeals E+W

(1) An individual who is included in a barred list may appeal to the [F5 Upper] Tribunal against—

F6 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a decision under paragraph [F7 2,] 3, 5, [F8 8,] 9 or 11 of [F9 Schedule 3] to include him in the list;

(c) a decision under paragraph 17 [F10 , 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 [F11 DBS] 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 [F5 Upper] Tribunal.

(5) Unless the [F5 Upper] Tribunal finds that [F11 DBS] has made a mistake of law or fact, it must confirm the decision of [F11 DBS] .

(6) If the [F5 Upper] Tribunal finds that [F11 DBS] has made such a mistake it must—

(a) direct [F11 DBS] to remove the person from the list, or

(b) remit the matter to [F11 DBS] for a new decision.

(7) If the [F5 Upper] Tribunal remits a matter to [F11 DBS] under subsection (6)(b)—

(a) the [F5 Upper] Tribunal may set out any findings of fact which it has made (on which [F11 DBS] must base its new decision); and

(b) the person must be removed from the list until [F11 DBS] makes its new decision, unless the [F5 Upper] Tribunal directs otherwise.

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Word 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)

F6 S. 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)

F7 Word 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)

F8 Word 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)

F9 Words 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)

F10 Words 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)

F11 Word 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)

F12 S. 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)

C1 S. 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)

C2 S. 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)

C3 S. 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

I14 S. 4(1)-(7)(9)-(11) in force at 19.5.2008 by S.I. 2008/1320, art. 2(b)

I15 S. 4(8) in force at 31.12.2007 by S.I. 2007/3545, art. 2(d)