Restrictions on participating in regulated activity
7Barred person not to engage in regulated activity
1
An individual commits an offence if he—
a
seeks to engage in regulated activity from which he is barred;
b
offers to engage in regulated activity from which he is barred;
c
engages in regulated activity from which he is barred.
2
A person guilty of an offence under subsection (1) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
3
It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.
4
It is a defence for a person charged with an offence under subsection (1) to prove—
a
that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
b
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
c
that he engaged in the activity for no longer than was necessary for that purpose.
5
For the purposes of this section, Schedule 4 is modified as follows—
a
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
b
in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
c
in paragraph 7(4), paragraph (a) must be disregarded.
6
In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 months must be taken to be a reference to six months.
F38Person not to engage in regulated activity unless subject to monitoring
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9Use of barred person for regulated activity
1
A person commits an offence if—
a
he permits an individual (B) to engage in regulated activity from which B is barred,
b
he knows or has reason to believe that B is barred from that activity, and
c
B engages in the activity.
2
A personnel supplier commits an offence if—
a
he supplies an individual (B) to another (P),
b
he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
c
he knows or has reason to believe that B is barred from that activity.
3
A person guilty of an offence under this section is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
4
It is a defence for a person charged with an offence under this section to prove—
a
that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
b
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
c
that the barred person engaged in the activity for no longer than was necessary for that purpose.
5
For the purposes of this section, Schedule 4 is modified as follows—
a
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
b
in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
c
in paragraph 7(4), paragraph (a) must be disregarded.
6
In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12 months must be taken to be a reference to six months.
F210Use of person not subject to monitoring for regulated activity
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11Regulated activity provider: failure to check
1
A regulated activity provider commits an offence if—
a
he permits an individual (B) to engage in regulated activity,
b
B engages in the activity, and
c
he fails to ascertain whether B is subject to monitoring in relation to the activity.
I12
A regulated activity provider ascertains whether B is subject to monitoring only if—
a
he obtains an appropriate verification in accordance with Part 1 of Schedule 5 and neither of Parts 2 and 3 of that Schedule is prescribed in relation to him,
b
he obtains an appropriate verification in accordance with Part 2 of that Schedule and that Part is prescribed in relation to him, or
c
he obtains an appropriate verification in accordance with Part 3 of that Schedule and that Part is prescribed in relation to him.
3
A person does not commit an offence under subsection (1) if the regulated activity—
a
is regulated activity relating to vulnerable adults, and
b
falls within section 16.
4
A person does not commit an offence under subsection (1) if he falls within section 17.
5
A person does not commit an offence under subsection (1) if B has not attained the age of 16.
6
A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
a
the permission is first given before the commencement of this section, and
b
it continues to have effect after such commencement.
7
Subsection (6) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
8
A person commits an offence if—
a
he provides written confirmation under Schedule 5 that is false in any material respect, and
b
he either knows that it is false or is reckless as to whether it is false.
9
A person guilty of an offence under subsection (1) or (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
10
In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
12Personnel suppliers: failure to check
I2I31
Schedule 6 (employment businesses: failure to check) has effect.
I42
The Secretary of State may by order make provision (including provision amending this Act) corresponding to Schedule 6 in relation to the supply of persons by a personnel supplier otherwise than in the course of carrying on an employment business.
13Educational establishments: check on members of governing body
I51
The appropriate officer (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 relating to any person (B) who is appointed to the governing body of an educational establishment mentioned in section 8(5).
2
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is a member of the governing body of the establishment—
a
the appointment first took effect before the commencement of this section, and
b
it continues to have effect after such commencement.
4
Subsection (3) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.
I55
An appropriate officer is such person as is prescribed.
14Office holders: offences
I61
The Secretary of State may by regulations provide that a person commits an offence if—
a
he engages in activity that is regulated activity by virtue of paragraph 1(9) or 7(9) of Schedule 4, and
b
he is not subject to monitoring in relation to the activity.
I62
The Secretary of State may by regulations provide that a prescribed person (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 in relation to another person (B) appointed to a position mentioned in paragraph 4(1) or 8(1) of Schedule 4.
I63
Regulations under subsection (1) or (2) may provide for defences to the offence.
4
An offence created by regulations under this section is punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale.
F115Sections 13 and 14: checks
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