Article 5 Further repeal of provisions of the Criminal Justice and Court Services Act 2000I1

England and Wales

(1)

The repeal of the remaining provisions of CJCSA by section 63(2) of, and Schedule 10 to, the Act shall come into force on the day after the day on which this Order is made for the purposes specified in paragraph (2).

(2)

Section 35 of CJCSA shall cease to have effect for the purpose of making it an offence for a person knowingly to—

(a)

offer work in a regulated position to,

(b)

procure work in such a position for, or

(c)

fail to remove from a regulated position

a person falling within paragraph (3).

(3)

A person (“P”) falls within this paragraph if P is disqualified from working with children only by reason of a disqualification order falling within paragraph (4) and P—

(a)

is or has at any time been barred from regulated activity relating to children by virtue of section 3(2) of the Act, or

(b)

has been included in the children’s barred list pursuant to article 2(2)(a) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008^f1, but is removed from that list by the F1DBS in accordance with article 2(4) of that Order.

(4)

A disqualification order falls within this paragraph if—

(a)

P was subject to the disqualification order immediately before DBS included P in the children’s barred list, and

(b)

at that time DBS was aware that P was subject to the disqualification order.

(5)

In paragraph (1) “the remaining provisions of CJCSA” means the provisions of that Act mentioned in Schedule 10 to the Act other than those referred to in the Schedule to the 2009 Order.

Annotations

Textual amendments

F1: Words in art. 5 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(3)(bb) (with Pt. 4)

Commencement

I1: Art. 5 in force at made date

Footnotes

f1: S.I. 2008/473 as amended by S.I. 2009/37.