{
  "url": "https://openlegislation.uk/safeguarding-vulnerable-groups-act-2006-transitional-provisions-order-2008/article-3",
  "json_url": "https://openlegislation.uk/safeguarding-vulnerable-groups-act-2006-transitional-provisions-order-2008/article-3.json",
  "legislation": "uksi/2008/473",
  "legislation_title": "The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008",
  "legislation_url": "https://openlegislation.uk/safeguarding-vulnerable-groups-act-2006-transitional-provisions-order-2008",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Inclusion in the children’s barred list: other persons prohibited from teaching etc.",
  "text": "(1) This article applies to a person (“Y”)—\n(a) who—\n(i) 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\n(ii) 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—\n(aa) on grounds relating to Y’s misconduct;\n(bb) on grounds relating to Y’s health;\n(cc) on grounds relating to Y’s professional incompetence;\n(b) 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\n(c) who is referred by the Secretary of State to IBB.\n(2) IBB must consider including Y in the children’s barred list in accordance with paragraphs 3 to 5 of Schedule 3 to the Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2012/3006",
      "affecting_title": "The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012"
    },
    {
      "type": "word substituted",
      "affecting": "uksi/2012/3006",
      "affecting_title": "The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/473/article/3",
    "retrieved_at": "2026-10-29T03:36:04.762752+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}