The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009

Consideration of cases arising before the relevant period

2.—(1) The Secretary of State must refer a person (X) to IBB if each of the following conditions is satisfied.

(2) The first condition is that before the start of the relevant period—

(a) X has been referred to the Secretary of State by virtue of a provision specified in paragraph (5), or

(b) information relating to X has been provided to the Secretary of State or the Welsh Ministers in accordance with a provision specified in paragraph (6).

(3) The second condition is that X is not provisionally included in the list kept under—

(a) section 1(1) of the 1999 Act, or

(b) section 81(2) of the 2000 Act.

(4) The third condition is that before the start of the relevant period the Secretary of State has not sent a notice to X inviting X to make representations as to why X should not be—

(a) included in the list kept under section 1 of the 1999 Act;

(b) included in the list kept under section 81 of the 2000 Act;

(c) made subject to a direction under section 142(3) of the 2002 Act.

(5) The provisions are—

(a) section 2(4), 2A(5) or 2D(6) of the 1999 Act;

(b) section 82, 83 or 84(7) of the 2000 Act.

(6) The provisions are—

(a) regulation 4 or 6 of the Education (Supply of Information) (Wales) Regulations 2003(8);

(b) regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations 2003(9).

(1)

Section 1 was amended by sections 95(2), 96(2), 97(2) and 98(4) of the Care Standards Act 2000 (c. 14) (“the 2000 Act”). It is to be repealed by paragraphs 8(1) and (2) of Part 1 of Schedule 9 and by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (“the 2006 Act”).

(2)

Section 81 is to be repealed by paragraph 9 of Part 1 of Schedule 9 and by Schedule 10 to the 2006 Act.

(3)

Section 142 is to be repealed by Schedule 10 to the 2006 Act.

(4)

Section 2 was amended by sections 94(1)(a) and (b), 94(2) and 95(3) of, and by paragraph 26(1) and (2)(a) and (b) of Schedule 4 to, the 2000 Act. It was repealed in part by Schedule 6 to the 2000 Act and is to be repealed in full by Schedule 10 to the 2006 Act.

(5)

Section 2A was inserted by section 95(1) of the 2000 Act. It was amended by paragraph 14 of Schedule 9 to the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), paragraph 37 of Schedule 2 to the Childcare Act 2006 (c. 21) and by paragraph 36 of Schedule 14 to the Education and Inspections Act 2006 (c. 40). It is to be repealed by paragraphs 8(1) and (2) of Part 1 of Schedule 9 and by Schedule 10 to the 2006 Act.

(6)

Section 2D was inserted by section 98(1) of the 2000 Act. It is to be repealed by paragraphs 8(1) and (2) of Part 1 of Schedule 9 and by Schedule 10 to the 2006 Act.

(7)

Sections 82 to 84 of the 2000 Act are to be repealed by paragraph 9 of Part 1 of Schedule 9 and by Schedule 10 to the 2006 Act.

(8)

S.I. 2003/542 (W. 76).

(9)

S.I. 2003/1184.