Restrictions on participating in regulated activity
I17Barred person not to engage in regulated activity
1
An individual commits an offence if he—
a
seeks to engage in regulated activity from which he is barred;
b
offers to engage in regulated activity from which he is barred;
c
engages in regulated activity from which he is barred.
2
A person guilty of an offence under subsection (1) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
b
on summary conviction, to imprisonment for a term not exceeding F12the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
3
It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.
4
It is a defence for a person charged with an offence under subsection (1) to prove—
a
that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
b
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
c
that he engaged in the activity for no longer than was necessary for that purpose.
5
For the purposes of this section, Schedule 4 is modified as follows—
a
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
F4b
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F4c
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6
F18Person not to engage in regulated activity unless subject to monitoring
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I29Use of barred person for regulated activity
1
A person commits an offence if—
a
he permits an individual (B) to engage in regulated activity from which B is barred,
b
he knows or has reason to believe that B is barred from that activity, and
c
B engages in the activity.
2
A personnel supplier commits an offence if—
a
he supplies an individual (B) to another (P),
b
he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
c
he knows or has reason to believe that B is barred from that activity.
3
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
b
on summary conviction, to imprisonment for a term not exceeding F14the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
4
It is a defence for a person charged with an offence under this section to prove—
a
that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
b
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
c
that the barred person engaged in the activity for no longer than was necessary for that purpose.
5
For the purposes of this section, Schedule 4 is modified as follows—
a
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
F5b
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F5c
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6
F210Use of person not subject to monitoring for regulated activity
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F611Regulated activity provider: failure to check
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F712Personnel suppliers: failure to check
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F813Educational establishments: check on members of governing body
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F914Office holders: offences
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F315Sections 13 and 14: checks
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