Article 6 Effect of listing by IBB: children

(1)

This article applies if IBB, in exercise of its functions under this Order, includes a person (X) in the children’s barred list.

(2)

Subject to paragraph (4) X must be treated for all purposes as if X—

(a)

is included in the list maintained under section 1 of the 1999 Act;

(b)

is subject to a direction under section 142 of the 2002 Act.

(3)

Accordingly, a reference in any enactment or subordinate legislation to a person included in that list or subject to such a direction includes a reference to a person included in the children’s barred list.

(4)

Paragraphs (2) and (3) do not apply for the purposes of—

(a)

section 1(3) or 4^f1 of the 1999 Act;

(b)

section 144^f2 of the 2002 Act;

(c)

article 2 or 3 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008^f3.

Annotations

Footnotes

f1: Section 4 is to be repealed by paragraphs 8(1) and (2) of Part 1 of Schedule 9 and by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (“the 2006 Act”).
f2: Section 144 is to be repealed by Schedule 10 to the 2006 Act.
f3: S.I. 2008/473.