# The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2008, Article 2: Consideration of cases arising before the relevant period


(1) The Secretary of State must refer a person (X) to IBB if each of the following conditions is satisfied.
(2) The first condition is that before the start of the relevant period—
(a) X has been referred to the Secretary of State by virtue of a provision specified in paragraph (5), or
(b) information relating to X has been provided to the Secretary of State or the Welsh Ministers in accordance with a provision specified in paragraph (6).
(3) The second condition is that X is not provisionally included in the list kept under—
(a) section 1 of the 1999 Act, or
(b) section 81 of the 2000 Act.
(4) The third condition is that before the start of the relevant period the Secretary of State has not sent a notice to X inviting X to make representations as to why X should not be—
(a) included in the list kept under section 1 of the 1999 Act;
(b) included in the list kept under section 81 of the 2000 Act;
(c) made subject to a direction under section 142 of the 2002 Act.
(5) The provisions are—
(a) section 2, 2A or 2D of the 1999 Act;
(b) section 82, 83 or 84 of the 2000 Act.
(6) The provisions are—
(a) regulation 4 or 6 of the Education (Supply of Information) (Wales) Regulations 2003;
(b) regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations 2003.

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Source: https://www.legislation.gov.uk/ukdsi/2008/9780110845609/article/2 (the official version)
Page: https://openlegislation.uk/draft-safeguarding-vulnerable-groups-act-2006-transitory-provisions-order-2008/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.