Acts
of Parliament
Miscellaneous
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008
Crown Copyright Acknowledged
STATUTORY INSTRUMENTS
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008
Made
3rd April 2008
Coming into force
7th April 2008
2008 No. 1062
Children And Young Persons, England And Wales
Protection Of Vulnerable Adults, England And Wales
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 61(5) and 64(1) of, and paragraphs 1(1), 7(1) and 24(1) to (3)(1) of Schedule 3 to, the Safeguarding Vulnerable Groups Act 2006(2):
In accordance with section 56(3)(q) of that Act he has consulted the Welsh Ministers:
A draft of these Regulations was laid before Parliament in accordance with section 61(3) of the Safeguarding Vulnerable Groups Act 2006 and approved by resolution of each House of Parliament.
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008 and come into force on 7th April 2008.
(2)
In these Regulations—
“the Act” means the Safeguarding Vulnerable Groups Act 2006;
“connected offence” means, in relation to an offence specified in the Schedule, an offence of—
(a)
attempting, conspiring or incitement to commit that offence, or
(b)
aiding, abetting, counselling or procuring the commission of that offence;
“disqualification order” means an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000(3);
“relevant circumstances” means—
(a)
in relation to an offence specified in sub-paragraph (a) or (b) of paragraph 1 of the Schedule, the circumstances described in the relevant sub-paragraph which relate to the commission of that offence, and
(b)
in relation to an offence specified in sub-paragraph (c), (e) or (g)(i) of that paragraph, the circumstances referred to in the relevant sub-paragraph in relation to the commission of that offence.
(3)
In regulation 2, a reference to an offence specified in paragraph 1(a) to (c), (e) or (g)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
(4)
In regulations 2 and 3, a reference to an offence specified in the Schedule includes a reference to an offence which is a connected offence in relation to the specified offence.
(5)
For the purposes of regulations 2 and 3, an offence committed over a period of time must be treated as having been committed on the last day of that period.
The criteria prescribed for the purposes of paragraph 1 of Schedule 3 to the Act as it has effect for the purposes of article 2(7) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008(4) are that the person has been convicted of, or cautioned in relation to, an offence specified in paragraph 1 of the Schedule which that person committed within the period of 10 years ending on the day that the Secretary of State refers the person to IBB under article 2(1)(c) of that Order for inclusion in the children’s barred list.
(2)
Paragraph 1 does not apply in relation to the commission of an offence specified in paragraph 1 of the Schedule if the court, having considered whether to make a disqualification order in relation to that commission of that offence, decided not to.
3-
Prescribed criteria – adults’ barred list
The criteria prescribed for the purposes of paragraph 7 of Schedule 3 to the Act as it has effect for the purposes of article 4(7) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 are that the person has been convicted of, or cautioned in relation to, an offence specified in paragraph 2 of the Schedule which that person committed within the period of 10 years ending on the day that the Secretary of State refers the person to IBB under article 4(1)(c) of that Order for inclusion in the adults’ barred list.
3rd April 2008
Beverley Hughes
Minister
Department for Children, Schools and Families
The offences specified for the purposes of regulation 2 are—
(a)
the offence of rape contrary to the common law of Scotland, where the offence was committed against a child;
(b)
the offence of rape contrary to the common law of Northern Ireland, where the offence was committed against a child;
(c)
any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the corresponding entry in the second column of that Part of that table;
(d)
any offence contrary to a provision specified in Part 2 of that table;
(e)
any offence contrary to—
(i)
section 70 of the Army Act 1955(5),
(ii)
section 70 of the Air Force Act 1955(6), or
(iii)
section 42 of the Naval Discipline Act 1957(7),
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
(f)
any offence contrary to—
(i)
section 70 of the Army Act 1955,
(ii)
section 70 of the Air Force Act 1955, or
(iii)
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
(g)
any offence contrary to section 42 of the Armed Forces Act 2006(8) where—
(i)
the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
(ii)
the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Criminal Law (Consolidation) (Scotland) Act 1995, section 5(1) or (2)(18)
Sexual Offences Act 2003, section 5
Sexual Offences Act 2003, section 6
Sexual Offences Act 2003, section 7
Sexual Offences Act 2003, section 8
2.
The offences specified for the purposes of regulation 3 are—
(a)
any offence contrary to a provision specified in the table set out in this paragraph;
(b)
any offence contrary to—
(i)
section 70 of the Army Act 1955,
(ii)
section 70 of the Air Force Act 1955, or
(iii)
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in that table; and
(c)
any offence contrary to section 42 of the Armed Forces Act 2006, where the corresponding offence under the law of England and Wales is one contrary to a provision specified in that table.
Table
Provision
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)
Mental Health (Northern Ireland) Order 1986, Article 123
Mental Health (Care and Treatment) (Scotland) Act 2003, section 311
Mental Health (Care and Treatment) (Scotland) Act 2003, section 313
