Regulation 4 Prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations
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).
The criterion set out in this paragraph is that before the relevant date—
the person had been made subject to a disqualification order, and
condition C in the 2003 Regulations was not satisfied in relation to the person, and
regulation 8 of those Regulations applied to the person, and
the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.
The criterion set out in this paragraph is that before the relevant date—
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
any of conditions D to F in those Regulations was satisfied in relation to the person, and
regulation 8 of those Regulations applied to the person, and
the Secretary of State had not made a direction under section 142(1)(a) of the 2002 Act in relation to that person.
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 2003f1 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005f2.
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.
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.
Annotations
Footnotes
- f1
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2003 c.42 (“the 2003 Act”).
- f2