Article 3 Inclusion in the children’s barred list: other persons prohibited from teaching etc.I1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

art. 3(2) word substituted by Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) 2012 art. 11(b)
art. 3(1)(c) words substituted by Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) 2012 art. 12(b)
art. 3 coming into force by Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) 2008 art. 1(1)

(1)

This article applies to a person (“Y”)—

(a)

who—

(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

(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—

(aa)

on grounds relating to Y’s misconduct;

(bb)

on grounds relating to Y’s health;

(cc)

on grounds relating to Y’s professional incompetence;

(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

(c)

who is referred by the Secretary of State to IBB.

(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.

Annotations

Commencement

I1: Art. 3 in force at 7.4.2008, see art. 1(1)