The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009

PART 2 Prescribed criteria

Prescribed criteria – automatic inclusion in the children’s barred list

3.—(1) The criteria prescribed for the purposes of paragraph 1(1) of Schedule 3 to the Act are the criteria set out in paragraphs (2) to (4).

(2) The criterion set out in this paragraph is that before the relevant date—

(a) the person had been made subject to a disqualification order, and

(b) condition C in the 2003 Regulations was satisfied in relation to the person, and

(c) regulation 8 of those Regulations applied to the person, and

(d) the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.

(3) The criterion set out in this paragraph is that before the relevant date—

(a) the person had been convicted of, or cautioned in relation to, an offence specified in Part 2 of Schedule 2 to the 2003 Regulations, and

(b) condition C in those Regulations was satisfied in relation to the person, and

(c) regulation 8 of those Regulations applied to the person, and

(d) the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.

(4) The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 1 of the Schedule.

Prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations

4.—(1) The criteria prescribed for the purposes of paragraph 2(1) of Schedule 3 to the Act are the criteria set out in paragraphs (2) to (6).

(2) The criterion set out in this paragraph is that before the relevant date—

(a) the person had been made subject to a disqualification order, and

(b) condition C in the 2003 Regulations was not satisfied in relation to the person, and

(c) regulation 8 of those Regulations applied to the person, and

(d) the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.

(3) The criterion set out in this paragraph is that before the relevant date—

(a) the person had been convicted of, or cautioned in relation to, an offence specified in Parts 2 to 5 of Schedule 2 to the 2003 Regulations, and

(b) any of conditions D to F in those Regulations was satisfied in relation to the person, and

(c) regulation 8 of those Regulations applied to the person, and

(d) the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.

(4) The criterion set out in this paragraph is that the person has, on or after the relevant date, been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003(1) or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005(2).

(5) The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 2 of the Schedule.

(6) The criterion set out in this paragraph is that the person has, on or after the relevant date, been made subject to a disqualification order and the person does not meet any other criteria prescribed in regulation 3 or in this regulation.

Prescribed criteria – automatic inclusion in the adults’ barred list

5.  The criterion prescribed for the purposes of paragraph 7(1) of Schedule 3 to the Act is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 3 of the Schedule.

Prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations

6.  The criteria prescribed for the purposes of paragraph 8(1) of Schedule 3 to the Act are—

(a) that the person has, on or after the relevant date, been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;

(b) that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 4 of the Schedule.

(1)

2003 c.42 (“the 2003 Act”).

(2)

2005 asp 9.