Regulation 8 Automatic prohibition

(1)

This regulation applies in the case of a person who—

(a)

subject to paragraph (5), on or after 1st November 1995—

(i)

has pleaded guilty to or been found guilty of an offence set out in Schedule 2 against or involving a child under the age of sixteen or who has pleaded guilty to or been found guilty of an attempt to commit any such offence, before or by a court in the United Kingdom;

(ii)

was carrying out work to which section 142 of the 2002 Act applies before or at the time he committed or was convicted of the offence; and

(iii)

was aged eighteen or over at the time the offence was committed;

(b)

is included (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children); or

(c)

on or after 1st June 2003—

(i)

is made subject to a disqualification order; and

(ii)

was carrying out work to which section 142 of the 2002 Act applies before or at the time he committed or was convicted of the offence to which the disqualification order relates.

(2)

Where paragraph (1)(a) applies the Secretary of State shall, on receipt of a certificate of conviction in respect of an offence referred to in that paragraph committed by the person concerned, determine that the person concerned is unsuitable to work with children, and give a direction in accordance with section 142(1)(a) of the 2002 Act.

(3)

Where paragraph (1)(b) applies, the Secretary of State shall, on receipt of notification that the person concerned has been included in the list referred to in that paragraph, give a direction in accordance with section 142(1)(a) of the 2002 Act.

(4)

Where paragraph (1)(c) applies, the Secretary of State shall, on receipt of notification that the person concerned is subject to a disqualification order, determine that the person is unsuitable to work with children, and give a direction in accordance with section 142(1)(a) of the 2002 Act.

(5)

In relation to the offences of murder (paragraphs 14, 31 and 44 of Schedule 2) and the offences contrary to section 1(1)(c) of the Protection of Children Act 1978^f1, section 52(1)(c) of the Civil Government (Scotland) Act 1982^f2 and article 3(1)(c) of the Protection of Children (Northern Ireland) Order 1978^f3 (possession of indecent photographs of children in paragraphs 13, 27 and 42 of Schedule 2) this regulation only applies where a person has pleaded guilty or been found guilty on or after 1st June 2003.

Annotations

Footnotes

f1: 1978 c. 36; section 1 was amended by sections 84 and 168 of, and Schedule 11 to, the Criminal Justice and Public Order Act 1994 (c. 33).
f2: 1982 c. 45; section 52(1) was amended by section 84 of the Criminal Justice and Public Order Act 1994.
f3: S.I. 1978/1047 (N.I. 17).