SCHEDULES
SCHEDULE 8Transitional provisions
Advice by F8DBS
I41
F5DBS must provide the Secretary of State with such advice as he requests in connection with—
a
any decision in relation to the inclusion of a person in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);
b
any decision in relation to the inclusion of a person in the list kept under section 81 of the Care Standards Act 2000 (c. 14);
c
any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person.
Existing restrictions relating to children
I1I52
1
This paragraph applies to a person who is—
a
included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (individuals considered unsuitable to work with children);
b
disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (c. 43);
c
subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching etc).
2
The Secretary of State may, by order, make such provision as he thinks appropriate—
a
requiring F6DBS to include the person in the children's barred list;
b
requiring F6DBS to consider including the person in the children's barred list;
c
as to circumstances in which the person may make representations to F6DBS and the time at which such representations may be made;
d
modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
e
modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with F6DBS's consideration of any matter relating to the person.
3
An order under this paragraph may contain provision—
F1a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998;
F1c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b).
4
In sub-paragraph F2(3)(d) “prescribe” means prescribe by regulations made by statutory instrument.
5
Regulations made by virtue of sub-paragraph (3)(c) are subject to annulment in pursuance of a resolution of either House of Parliament.
6
Regulations made by virtue of sub-paragraph (3)(d) are subject to annulment in pursuance of a resolution of the National Assembly for Wales.
7
Sections 61(5) and 64(1) apply to power to make regulations by virtue of sub-paragraph F3(3)(d) as they apply to power to make regulations under this Act.
Existing restrictions relating to vulnerable adults
I2I63
1
This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (c. 14) (individuals considered unsuitable to work with certain adults).
2
The Secretary of State may, by order, make such provision as he thinks appropriate—
a
requiring F7DBS to include the person in the adults' barred list;
b
requiring F7DBS to consider including the person in the adults' barred list;
c
as to circumstances in which the person may make representations to F7DBS and the time at which such representations may be made;
d
modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
e
modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with F7DBS's consideration of any matter relating to the person.
Existing restrictions: supplementary
I3I74
An order under paragraph 2 or 3 may—
a
modify any criminal offence created by this Act;
b
create any new criminal offence,
but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.
F4...
Sch. 8 para. 5 and cross-heading 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. 74, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
F45
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Word in Sch. 8 para. 1 heading 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(h) (with Pt. 4)