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(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 12 months, 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;
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 months must be taken to be a reference to six months.
Textual Amendments
F1S. 7(5)(b)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection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. 47, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
Commencement Information
I1S. 7 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
Prospective
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Textual Amendments
F2S. 8 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection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. 48, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
(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 12 months, 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;
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12 months must be taken to be a reference to six months.
Textual Amendments
F3S. 9(5)(b)(c) 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. 49, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
Commencement Information
I2S. 9 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4S. 10 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. 50, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5S. 11 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. 51, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6S. 12 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. 52, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 13 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. 53, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 14 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. 54, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9S. 15 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. 55, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)