Safeguarding Vulnerable Groups Act 2006

Part 2E+WAdults' barred list

Modifications etc. (not altering text)

Automatic inclusionE+W

7(1)This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.E+W

[F1(2)If DBS is satisfied that this paragraph applies to a person, it must include the person in the adults’ barred list.]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 para. 7 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2Sch. 3 para. 7 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I3Sch. 3 para. 7(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)

Inclusion subject to consideration of representationsE+W

8(1)This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.E+W

[F2[F3(2)Sub-paragraph (4) applies if it appears to DBS that—

(a)this paragraph applies to a person, and

(b)the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.]

(4)[F4DBS] must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list.

(5)Sub-paragraph (6) applies if—

(a)the person does not make representations before the end of any time prescribed for the purpose, or

(b)the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).

(6)If [F4DBS] —

(a)is satisfied that this paragraph applies to the person, and

(b)has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

it must include the person in the list.

(7)Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.

(8)If [F4DBS] —

(a)is satisfied that this paragraph applies to the person,

(b)has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(c)is satisfied that it is appropriate to include the person in the adults' barred list,

it must include the person in the list.]

Textual Amendments

F2Sch. 3 para. 8(2)-(8) substituted for Sch. 3 para. 8(2)-(4) (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), ss. 67(6), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

Modifications etc. (not altering text)

Commencement Information

I4Sch. 3 para. 8 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I5Sch. 3 para. 8 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I6Sch. 3 para. 8(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)

BehaviourE+W

9(1)This paragraph applies to a person if—E+W

(a)it appears to [F4DBS] that the person[F5—

(i)has (at any time) engaged in relevant conduct, and

(ii)is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,] and

(b)[F4DBS] proposes to include him in the adults' barred list.

(2)[F4DBS] must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

(3)[F4DBS] must include the person in the adults' barred list if—

(a)it is satisfied that the person has engaged in relevant conduct,

[F6(aa)it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,] and

(b)it [F7is satisfied] that it is appropriate to include the person in the list.

Textual Amendments

F5Words in Sch. 3 para. 9(1)(a) 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), ss. 67(7)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F6Sch. 3 para. 9(3)(aa) 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), ss. 67(7)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F7Words in Sch. 3 para. 9(3)(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), ss. 67(7)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

Commencement Information

I7Sch. 3 para. 9 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I8Sch. 3 para. 9 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

10(1)For the purposes of paragraph 9 relevant conduct is—E+W

(a)conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;

(b)conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;

(c)conduct involving sexual material relating to children (including possession of such material);

(d)conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to [F4DBS] that the conduct is inappropriate;

(e)conduct of a sexual nature involving a vulnerable adult, if it appears to [F4DBS] that the conduct is inappropriate.

(2)A person's conduct endangers a vulnerable adult if he—

(a)harms a vulnerable adult,

(b)causes a vulnerable adult to be harmed,

(c)puts a vulnerable adult at risk of harm,

(d)attempts to harm a vulnerable adult, or

(e)incites another to harm a vulnerable adult.

(3)“Sexual material relating to children” means—

(a)indecent images of children, or

(b)material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.

(4)“Image” means an image produced by any means, whether of a real or imaginary subject.

(5)A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.

(6)For the purposes of sub-paragraph (1)(d) and (e), [F4DBS] must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Textual Amendments

Commencement Information

I9Sch. 3 para. 10 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I10Sch. 3 para. 10(1)-(4)(6) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I11Sch. 3 para. 10(5) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

Risk of harmE+W

11(1)This paragraph applies to a person if—E+W

(a)it appears to [F4DBS] that the person[F8—

(i)falls within sub-paragraph (4), and

(ii)is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults], and

(b)[F4DBS] proposes to include him in the adults' barred list.

(2)[F4DBS] must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

(3)[F4DBS] must include the person in the adults' barred list if—

(a)it is satisfied that the person falls within sub-paragraph (4),

[F9(aa)it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,] and

(b)it [F10is satisfied] that it is appropriate to include the person in the list.

(4)A person falls within this sub-paragraph if he may—

(a)harm a vulnerable adult,

(b)cause a vulnerable adult to be harmed,

(c)put a vulnerable adult at risk of harm,

(d)attempt to harm a vulnerable adult, or

(e)incite another to harm a vulnerable adult.

Textual Amendments

F8Words in Sch. 3 para. 11(1)(a) 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), ss. 67(8)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F9Sch. 3 para. 11(3)(aa) 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), ss. 67(8)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F10Words in Sch. 3 para. 11(3)(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), ss. 67(8)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

Commencement Information

I12Sch. 3 para. 11 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I13Sch. 3 para. 11 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

Restriction on inclusionE+W

12(1)[F11DBS] must not include a person in the adults' barred list—E+W

(a)only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

(b)if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.

(2)A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of [F11DBS] .

(3)A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

Textual Amendments

Commencement Information

I14Sch. 3 para. 12 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I15Sch. 3 para. 12 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

I16Sch. 3 para. 12(1)(b)(2)(3) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)