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 F3the 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;

F1b

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F1c

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6

In relation to an offence committed before F22 May 2022, the reference in subsection (2)(b) to F4the general limit in a magistrates’ court must be taken to be a reference to six months.