Article 11 Barred person not to engage in regulated activity

Northern Ireland

(1)

An individual commits an offence if he—

(a)

seeks to engage in regulated activity from which he is barred;

(b)

offers to engage in regulated activity from which he is barred;

(c)

engages in regulated activity from which he is barred.

(2)

A person guilty of an offence under paragraph (1) is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;

(b)

on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(3)

It is a defence for a person charged with an offence under paragraph (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.

(4)

It is a defence for a person charged with an offence under paragraph (1) to prove—

(a)

that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b)

that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c)

that he engaged in the activity for no longer than was necessary for that purpose.

(5)

For the purposes of this Article, Schedule 2 is modified as follows—

(a)

in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

F1(b)

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(c)

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Annotations

Textual amendments

F1: Art. 11(5)(b)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 80, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)