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[F2(1)There shall be a body corporate to be known as the [F1Independent Safeguarding Authority] (“[F1ISA]”).
(2)Schedule 1 makes provision relating to [F1ISA].
(3)Schedule 2 (transfers to [F1ISA]) has effect.]
Textual Amendments
F1Words in s. 1 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(i), 116(5)(a)
F2S. 1 ceases to have effect (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 112 (with Pt. 4)
Commencement Information
I1S. 1 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
I2S. 1 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
(1)[F3DBS] must F4... maintain—
(a)the children's barred list;
(b)the adults' barred list.
(2)Part 1 of Schedule 3 applies for the purpose of determining whether an individual is included in the children's barred list.
(3)Part 2 of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.
(4)Part 3 of that Schedule contains supplementary provision.
(5)In respect of an individual who is included in a barred list, [F3DBS] must keep other information of such description as is prescribed.
Textual Amendments
F3Word in s. 2 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(a) (with Pt. 4)
F4Words in s. 2 omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 4 (with Pt. 4)
Commencement Information
I3S. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I4S. 2 in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(a)
I5S. 2 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
I6S. 2(2)(3) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(a)
I7S. 2(2)-(4) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)
I8S. 2(4) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(b)
I9S. 2(4) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)
I10S. 2(5) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(c)
(1)A reference to a person being barred from regulated activity must be construed in accordance with this section.
(2)A person is barred from regulated activity relating to children if he is—
(a)included in the children's barred list;
(b)included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list.
(3)A person is barred from regulated activity relating to vulnerable adults if he is—
(a)included in the adults' barred list;
(b)included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.
Commencement Information
I11S. 3 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
I12S. 3(1)(2)(a) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
I13S. 3(2)(b)(3)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(a)
(1)An individual who is included in a barred list may appeal to the [F5Upper] Tribunal against—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a decision under paragraph [F72,] 3, 5, [F88,] 9 or 11 of [F9Schedule 3] to include him in the list;
(c)a decision under paragraph 17 [F10, 18 or 18A] of that Schedule not to remove him from the list.
(2)An appeal under subsection (1) may be made only on the grounds that [F11DBS] has made a mistake—
(a)on any point of law;
(b)in any finding of fact which it has made and on which the decision mentioned in that subsection was based.
(3)For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
(4)An appeal under subsection (1) may be made only with the permission of the [F5Upper] Tribunal.
(5)Unless the [F5Upper] Tribunal finds that [F11DBS] has made a mistake of law or fact, it must confirm the decision of [F11DBS] .
(6)If the [F5Upper] Tribunal finds that [F11DBS] has made such a mistake it must—
(a)direct [F11DBS] to remove the person from the list, or
(b)remit the matter to [F11DBS] for a new decision.
(7)If the [F5Upper] Tribunal remits a matter to [F11DBS] under subsection (6)(b)—
(a)the [F5Upper] Tribunal may set out any findings of fact which it has made (on which [F11DBS] must base its new decision); and
(b)the person must be removed from the list until [F11DBS] makes its new decision, unless the [F5Upper] Tribunal directs otherwise.
F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Word in s. 4 inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(a)
F6S. 4(1)(a) 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. 44(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
F7Word in s. 4(1)(b) inserted (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. 44(b)(i) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F8Word in s. 4(1)(b) inserted (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. 44(b)(ii) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F9Words in s. 4(1)(b) substituted (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. 44(b)(iii) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F10Words in s. 4(1)(c) substituted (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. 44(c) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F11Word in s. 4 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(a) (with Pt. 4)
F12S. 4(8)-(11) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(b)
Modifications etc. (not altering text)
C1S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(6)
C2S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(6)
C3S. 4 transfer of functions (3.11.2008) by First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), arts. 1, 7(a)(vi)
Commencement Information
I14S. 4(1)-(7)(9)-(11) in force at 19.5.2008 by S.I. 2008/1320, art. 2(b)
I15S. 4(8) in force at 31.12.2007 by S.I. 2007/3545, art. 2(d)