Regulation 8 The minimum barred period: persons subject to previous restrictions (adults’ barred list)

(1)

In the case of any person who is included by IBB in the adults’ barred list pursuant to article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (inclusion in the adult’s barred list: persons considered unsuitable to work with vulnerable adults) the minimum barred period is the period calculated in the manner set out in this regulation.

(2)

Where the person was under the age of 18 at date of the most recent restriction decision, subtract from the period of 5 years the period starting on the date of that restriction decision and ending on the date on which he is included by IBB in the adults’ barred list.

(3)

Where the person had reached the age of 18 at date of the most recent restriction decision, subtract from the period of 10 years the period starting on the date of that restriction decision and ending on the date on which he is included by IBB in the adults’ barred list.

(4)

In paragraphs (2) and (3), restriction decision means a decision of—

(a)

the Secretary of State—

(i)

to include the person in the list kept under section 81 of the Care Standards Act 2000, or

(ii)

not to remove the person from that list;

(b)

the Tribunal not to direct the person’s removal from that list.