Regulation 1 Citation, commencement and interpretation

(1)

These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008 and come into force on 7th April 2008.

(2)

In these Regulations—

“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
“the 2002 Act” means the Education Act 2002^f1;
“the 2003 Regulations” means the Education (Prohibition from Teaching or Working with Children) Regulations 2003^f2;
“disqualification order” means an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000^f3;
“offence against a child” has the same meaning as in section 26 of the Criminal Justice and Court Services Act 2000;
“previous restriction” means any of—
1. (a)
  
  inclusion (otherwise than provisionally) in the list kept by the Secretary of State under section 1 of the Protection of Children Act 1999^f4,
2. (b)
  
  inclusion (otherwise than provisionally) in the list kept by the Secretary of State under section 81 of the Care Standards Act 2000^f5,
3. (c)
  
  a disqualification order, or
4. (d)
  
  a direction under section 142(1)^f6 of the 2002 Act (other than one made on the grounds that condition A or condition B in Part 1 of Schedule 2 to the 2003 Regulations are satisfied in relation to a person, or on grounds of that person’s misconduct, health, or professional incompetence); and
“Tribunal” means the Tribunal established under section 9^f7 of the Protection of Children Act 1999.

Annotations

Footnotes

f1: 2002 c.32.
f2: S.I. 2003/1184, as amended by S.I. 2007/195.
f3: 2000 c.43; section 29A was inserted by paragraph 2 of Schedule 30 to the Criminal Justice Act 2003 (c.44). An order of the court made under section 28, 29 or 29A disqualifies the person in respect of whom it is made from working with children.
f4: 1999 c.14; section 1 was amended by sections 95(2), 96(2), 97(2) and 98(4) of the Care Standards Act 2000 (c.14). It is to be repealed by paragraph 8(2) of Part 1 of Schedule 9, and Schedule 10, to the Safeguarding Vulnerable Groups Act 2006 (“the 2006 Act”) (which were not in force on the making of these Regulations).
f5: 2000 c.14; section 81 is to be repealed by paragraph 9 of Part 1 of Schedule 9, and Schedule 10, to the 2006 Act (which were not in force on the making of these Regulations).
f6: Section 142(1) is to be repealed by Schedule 10 to the 2006 Act (which was not in force on the making of these Regulations).
f7: Section 9 was amended by paragraph 26(3) of Schedule 4 to the Care Standards Act 2000 (c.14), paragraphs 154 and 157(a) and (d) of Part 2 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (c.43), paragraph 6 of Schedule 14 and paragraph 122 of Schedule 21 to the Education Act 2002 (c.32) (“the 2002 Act”), paragraph 23 of Schedule 9 and Part 1 of Schedule 19 to the Education Act 2005 (c.18), paragraph 38(b) of Schedule 2 to the Childcare Act 2006 (c.21), section 170(3) of the Education and Inspections Act 2006 (c.40), and paragraph 8(3)(b)(ii) of Schedule 9 to the 2006 Act. It was repealed in part by Part 3 of Schedule 22 to the 2002 Act, paragraph 38(a) of Schedule 2 and Part 2 of Schedule 3 to the Childcare Act 2006, and is to be further repealed by paragraph 8(3)(a), (b)(i) and (iii) and (c) of Schedule 9, and Schedule 10, to the 2006 Act. The amendments and repeals made under the Education and Inspections Act 2006 and the 2006 Act were not in force on the making of these Regulations.