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Section 35 Persons disqualified from working with children: offences.C1

England, Wales and Northern Ireland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(F11)

An individual who is disqualified from working with children is guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a regulated position.

(2)

An individual is guilty of an offence if he knowingly—

(a)

offers work in a regulated position to, or procures work in a regulated position for, an individual who is disqualified from working with children, or

(b)

fails to remove such an individual from such work.

(3)

It is a defence for an individual 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 disqualified from working with children.

(4)

An individual is disqualified from working with children for the purposes of this Part if—

(a)

he is included (otherwise than provisionally) in the list kept under section 1 of the M1Protection of Children Act 1999 (individuals considered unsuitable to work with children),

(F2b)

he is subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching, &c. given on the grounds that he is unsuitable to work with children,

(c)

he is included, on the grounds that he is unsuitable to work with children, in any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the M2Education Act 1996, or

(d)

he is subject to a disqualification order.

F3(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

An individual who is guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both,

(b)

on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.

Annotations

Textual amendments

F1

Ss. 26-37 repealed (E.W.) (12.10.2009 for specified purposes, 30.3.2010 for specified purposes, 17.6.2013 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 3; S.I. 2010/1101, art. 5; S.I. 2012/2231, art. 4 (with S.I. 2013/1180, art. 2(b))

F2

S. 35(4)(b) substituted (31.3.2003 for W., 1.6.2003 for E.) by 2002 c. 32, s. 206, Sch. 21 para. 128(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

F3

S. 35(5) repealed (31.3.2003 for W., 1.6.2003 for E.) by 2002 c. 32, s. 206, 215(2), Sch. 21 para. 128(3), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3158, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

Marginal citations

M1

1999 c. 14.

M2

1996 c. 56.

Modifications

C1

S. 35 applied (7.3.2005) by The Disqualification from Working with Children (Scotland) Order 2005 (S.I. 2005/267), arts. 1, 2

Notes on Part II

Modifications

C1

Pt. II applied (E.W.) (11.2.2008 for specified purposes, 20.1.2009 in so far as not already in force) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 3 para. 3(5)(a) (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2007/3545, art. 4(a); S.I. 2009/39, art. 2(1)(k)