Article 3 Inclusion in the children’s barred list: other persons prohibited from teaching etc.
This article applies to a person (“Y”)—
who—
is included in the list kept under section 1 of the 1999 Act on transfer from the Consultancy Service Index under section 3 of that Act and is not subject to a disqualification order or a direction under section 142(1) of the 2002 Act given on grounds that Y is unsuitable to work with children; or
is subject to a direction under section 142(1) of the 2002 Act (including any prohibition, restriction or disqualification which has effect as if it were contained in such a direction), given only—
on grounds relating to Y’s misconduct;
on grounds relating to Y’s health;
on grounds relating to Y’s professional incompetence;
who has no appeal or review outstanding under the 1999 Act or the 2002 Act or in whose case the time limit for appealing under those Acts has expired; and
who is referred by the Secretary of State to IBB.
IBB must consider including Y in the children’s barred list in accordance with paragraphs 3 to 5 of Schedule 3 to the Act.