The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009

Consideration of cases arising during the relevant period

3.—(1) This article applies during the relevant period.

(2) Paragraph (3) applies if, by virtue of a provision specified in paragraph (13), a person must or may—

(a) refer a person to the Secretary of State;

(b) provide information relating to a person to the Secretary of State.

(3) The referral is to be made, or the information provided, to IBB instead of to the Secretary of State.

(4) Accordingly, a requirement in any enactment or subordinate legislation that the event specified in paragraph (5) be notified to a person also applies to a referral made to IBB in accordance with paragraph (3).

(5) The event is the referral of a person to the Secretary of State by virtue of a provision specified in paragraph (13).

(6) The Welsh Ministers must refer to IBB any information that they receive, in accordance with regulation 4 or 6 of the Education (Supply of Information) (Wales) Regulations 2003, on a ground—

(a) that a person is considered to be unsuitable to work with children;

(b) relating to the person’s health where a relevant issue is raised.

(7) In paragraph (6) “relevant issue” has the same meaning as in regulation 3 of those Regulations.

(8) In relation to a person in relation to whom information is provided to IBB in accordance with paragraph (3), Schedule 1 to the Education (Prohibition from Teaching or Working with Children) Regulations 2003 has effect as if—

(a) in paragraph 7 of Part 1, for “of the Secretary of State’s functions under section 142 of the 2002 Act” there were substituted “by the Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 of its functions under Schedule 3 to that Act”, and

(b) in paragraph 7 of Part 2, for “of the Secretary of State’s functions under section 142 of the 2002 Act” there were substituted “by the Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 of its functions under Schedule 3 to that Act”.

(9) Subject to paragraph (12), section 2B(1) of the 1999 Act and section 85(2) of the 2000 Act must be ignored.

(10) Paragraph (11) applies if it appears to the Secretary of State that a person who held a relevant inquiry has found a person guilty of relevant misconduct.

(11) The Secretary of State must refer the person to IBB unless the Secretary of State is satisfied that IBB—

(a) is considering the case of the person, and

(b) is aware of the relevant misconduct.

(12) In paragraphs (10) and (11) “relevant inquiry” and “relevant misconduct” have the same meaning as in—

(a) section 2B of the 1999 Act;

(b) section 85 of the 2000 Act.

(13) The provisions are—

(a) sections 2, 2A and 2D of the 1999 Act;

(b) sections 82, 83 and 84 of the 2000 Act;

(c) regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations 2003, as modified by this Order.

(1)

Section 2B was inserted by section 96(1) of the 2000 Act. It was amended by paragraph 94 of Schedule 3 to the Adoption and Children Act 2002 (c. 38) and by paragraph 18 of Part 1 of Schedule 2 to the Inquiries Act 2005 (c. 12). It is to be repealed by paragraphs 8(1) and (2) of Part 1 of Schedule 9 and by Schedule 10 to the 2006 Act.

(2)

Section 85 was amended by paragraph 19 of Part 1 of Schedule 2 to the Inquiries Act 2005. It is to be repealed by paragraph 9 of Part 1 of Schedule 9 and by Schedule 10 to the 2006 Act.