Safeguarding Vulnerable Groups Act 2006

Part 1 E+W Children's barred list

Modifications etc. (not altering text)

C1 Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5

Automatic inclusion E+W

1 (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

(2) If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to IBB.

(3) On the reference being made, IBB must include the person in the children's barred list.

Modifications etc. (not altering text)

C2 Sch. 3 para. 1 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(2)

Commencement Information

I1 Sch. 3 para. 1 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2 Sch. 3 para. 1 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I3 Sch. 3 para. 1(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)

Inclusion subject to consideration of representations E+W

2 (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

(2) If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to [F1 ISA].

(3) On the reference being made, [F1 ISA] must—

(a) include the person in the children's barred list;

(b) give the person the opportunity to make representations as to why he should be removed from the children's barred list.

(4) If it appears to [F1 ISA] that it is not appropriate for the person to be included in the list, it must remove him from the list.

Textual Amendments

F1 Words in Sch. 3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)

Modifications etc. (not altering text)

C3 Sch. 3 para. 2 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(3)

Commencement Information

I4 Sch. 3 para. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I5 Sch. 3 para. 2 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I6 Sch. 3 para. 2(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)

Behaviour E+W

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

(a) it appears to [F1 ISA] that the person has (at any time) engaged in relevant conduct, and

(b) [F1 ISA] proposes to include him in the children's barred list.

(2) [F1 ISA] must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3) [F1 ISA] must include the person in the children's barred list if—

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

(b) it appears to [F1 ISA] that it is appropriate to include the person in the list.

(4) This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to.

(5) In sub-paragraph (4)—

(a) the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) a disqualification order is an order under section 28, 29 or 29A of that Act.

Textual Amendments

F1 Words in Sch. 3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)

Commencement Information

I7 Sch. 3 para. 3 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I8 Sch. 3 para. 3 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

4 (1) For the purposes of paragraph 3 relevant conduct is— E+W

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

(b) conduct which, if repeated against or in relation to a child, would endanger that child 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 [F1 ISA] that the conduct is inappropriate;

(e) conduct of a sexual nature involving a child, if it appears to [F1 ISA] that the conduct is inappropriate.

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

(a) harms a child,

(b) causes a child to be harmed,

(c) puts a child at risk of harm,

(d) attempts to harm a child, or

(e) incites another to harm a child.

(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), [F1 ISA] must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Textual Amendments

F1 Words in Sch. 3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)

Commencement Information

I9 Sch. 3 para. 4 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I10 Sch. 3 para. 4(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)

I11 Sch. 3 para. 4(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 harm E+W

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

(a) it appears to [F1 ISA] that the person falls within sub-paragraph (4), and

(b) [F1 ISA] proposes to include him in the children's barred list.

(2) [F1 ISA] must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3) [F1 ISA] must include the person in the children's barred list if—

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

(b) it appears to [F1 ISA] 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 child,

(b) cause a child to be harmed,

(c) put a child at risk of harm,

(d) attempt to harm a child, or

(e) incite another to harm a child.

Textual Amendments

F1 Words in Sch. 3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)

Commencement Information

I12 Sch. 3 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I13 Sch. 3 para. 5 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 inclusion E+W

6 (1) [F1 ISA] must not include a person in the children's 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 [F1 ISA].

(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 children's barred list.

Textual Amendments

F1 Words in Sch. 3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)

Commencement Information

I14 Sch. 3 para. 6 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I15 Sch. 3 para. 6 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

I16 Sch. 3 para. 6(1)(b)(2)(3) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)