SCHEDULES

SCHEDULE 3E+WBarred lists

Modifications etc. (not altering text)

Part 2E+WAdults' barred list

BehaviourE+W

9(1)This paragraph applies to a person if—E+W

(a)it appears to [F1DBS] that the person[F2—

(i)has (at any time) engaged in relevant conduct, and

(ii)is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,] and

(b)[F1DBS] proposes to include him in the adults' barred list.

(2)[F1DBS] must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

(3)[F1DBS] must include the person in the adults' barred list if—

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

[F3(aa)it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,] and

(b)it [F4is satisfied] that it is appropriate to include the person in the list.

Textual Amendments

F2Words in Sch. 3 para. 9(1)(a) 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), ss. 67(7)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F3Sch. 3 para. 9(3)(aa) 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), ss. 67(7)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F4Words in Sch. 3 para. 9(3)(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), ss. 67(7)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

Commencement Information

I1Sch. 3 para. 9 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2Sch. 3 para. 9 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

10(1)For the purposes of paragraph 9 relevant conduct is—E+W

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

(b)conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult 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 [F1DBS] that the conduct is inappropriate;

(e)conduct of a sexual nature involving a vulnerable adult, if it appears to [F1DBS] that the conduct is inappropriate.

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

(a)harms a vulnerable adult,

(b)causes a vulnerable adult to be harmed,

(c)puts a vulnerable adult at risk of harm,

(d)attempts to harm a vulnerable adult, or

(e)incites another to harm a vulnerable adult.

(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), [F1DBS] must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Textual Amendments

Commencement Information

I3Sch. 3 para. 10 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I4Sch. 3 para. 10(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)

I5Sch. 3 para. 10(5) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.