The Working with Children (Exchange of Criminal Conviction Information) (England and Wales and Northern Ireland) Regulations 2013

Interpretation E+W+N.I.

2.  In these Regulations—

“the Directive” means the Directive 2011/93/EU of the European Parliament and of the Council of 13th December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA(1);

“the Framework Decision” means the Council Framework Decision 2009/315/JHA of 26th February 2009 on the organisation and content of the exchange of information extracted from the criminal record between Member States(2);

“conviction” means—

(a)

in relation to England and Wales, a conviction within the meaning of the Rehabilitation of Offenders Act 1974(3), and includes a spent conviction within the meaning of that Act;

(b)

in relation to Northern Ireland, a conviction within the meaning of the Rehabilitation of Offenders (Northern Ireland) Order 1978(4), and includes a spent conviction within the meaning of that Order;

“DBS” means the Disclosure and Barring Service established by section 87 of the Protection of Freedoms Act 2012;

“relevant records” means—

(a)

information in any form relating to convictions on a names database held by the Secretary of State for the use of police forces generally;

(b)

in relation to England and Wales only, the “children’s barred list” within the meaning of section 2 of the Safeguarding Vulnerable Groups Act 2006(5);

(c)

in relation to Northern Ireland only, the “children’s barred list” within the meaning of Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(6).

Commencement Information

I1 Reg. 2 in force at 18.12.2013, see reg. 1(1)

(1)

OJ No. L26, 28.1.2012, p. 1.

(2)

OJ No. L93, 7.4.2009, p. 23.

(3)

1974 c. 53. Relevant amendments have been made by paragraph 1 of Schedule 15 to the Children Act 1989 (c. 41), paragraph 1 of Schedule 13 to, and paragraph 20(c) of Schedule 11 to, the Criminal Justice Act 1991 (c. 53), paragraph 47 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), paragraph 63 of Schedule 16 to the Armed Forces Act 2006 (c. 52), section 24(1) of, and paragraph 8 of Schedule 7 to, the Criminal Justice and Licensing (Scotland) Act 2010 asp 13 and paragraph 134(3) of Schedule 9 to the Protection of Freedoms Act 2012 (c. 9).

(4)

S.I. 1978/1908 (N.I. 27). Relevant amendments have been made by S.I. 1996/3160 (N.I. 24), paragraph 8 of Schedule 11 to the Proceeds of Crime Act 2002 (c.29) and paragraphs 84 and 85 of Schedule 16 to the Armed Forces Act 2006.

(5)

2006 c. 47. Section 2 has been amended by S.I. 2012/3006.

(6)

S.I. 2007/1351 (N.I. 11). This instrument has been amended by S.I. 2012/3006.