SCHEDULES
C3SCHEDULE 3Barred lists
C3Part 1Children's barred list
Automatic inclusion
I8I38C3C41
I11
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to IBB.
3
On the reference being made, IBB must include the person in the children's barred list.
Inclusion subject to consideration of representations
I9I39C3C52
I21
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to F5ISA.
3
On the reference being made, F5ISA must—
a
include the person in the children's barred list;
b
give the person the opportunity to make representations as to why he should be removed from the children's barred list.
4
If it appears to F5ISA that it is not appropriate for the person to be included in the list, it must remove him from the list.
Behaviour
I10I40C33
1
This paragraph applies to a person if—
a
it appears to F5ISA that the person has (at any time) engaged in relevant conduct, and
b
F5ISA proposes to include him in the children's barred list.
2
F5ISA must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3
F5ISA must include the person in the children's barred list if—
a
it is satisfied that the person has engaged in relevant conduct, and
b
it appears to F5ISA that it is appropriate to include the person in the list.
4
This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to.
5
In sub-paragraph (4)—
a
the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);
b
a disqualification order is an order under section 28, 29 or 29A of that Act.
I114
I411
For the purposes of paragraph 3 relevant conduct is—
a
conduct which endangers a child or is likely to endanger a child;
b
conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;
c
conduct involving sexual material relating to children (including possession of such material);
d
conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to F5ISA that the conduct is inappropriate;
e
conduct of a sexual nature involving a child, if it appears to F5ISA that the conduct is inappropriate.
I412
A person's conduct endangers a child if he—
a
harms a child,
b
causes a child to be harmed,
c
puts a child at risk of harm,
d
attempts to harm a child, or
e
incites another to harm a child.
I413
“Sexual material relating to children” means—
a
indecent images of children, or
b
material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
I414
“Image” means an image produced by any means, whether of a real or imaginary subject.
I585
A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
I416
For the purposes of sub-paragraph (1)(d) and (e), F5ISA must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
Risk of harm
I12I42C35
1
This paragraph applies to a person if—
a
it appears to F5ISA that the person falls within sub-paragraph (4), and
b
F5ISA proposes to include him in the children's barred list.
2
F5ISA must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3
F5ISA must include the person in the children's barred list if—
a
it is satisfied that the person falls within sub-paragraph (4), and
b
it appears to F5ISA that it is appropriate to include the person in the list.
4
A person falls within this sub-paragraph if he may—
a
harm a child,
b
cause a child to be harmed,
c
put a child at risk of harm,
d
attempt to harm a child, or
e
incite another to harm a child.
Restriction on inclusion
I13I596
1
F5ISA must not include a person in the children's barred list—
a
only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
I33b
if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
I332
A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of F5ISA.
I333
A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.
C3Part 2Adults' barred list
Automatic inclusion
I14I43C3C67
I31
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to IBB.
3
On the reference being made, IBB must include the person in the adults' barred list.
Inclusion subject to consideration of representations
I15I44C3C78
I41
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to F6ISA.
3
On the reference being made, F6ISA must—
a
include the person in the adults' barred list;
b
give the person the opportunity to make representations as to why he should be removed from the adults' barred list.
4
If it appears to F6ISA that it is not appropriate for the person to be included in the list, it must remove him from the list.
Behaviour
I16I45C39
1
This paragraph applies to a person if—
a
it appears to F6ISA that the person has (at any time) engaged in relevant conduct, and
b
F6ISA proposes to include him in the adults' barred list.
2
F6ISA must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3
F6ISA must include the person in the adults' barred list if—
a
it is satisfied that the person has engaged in relevant conduct, and
b
it appears to F6ISA that it is appropriate to include the person in the list.
I1710
I461
For the purposes of paragraph 9 relevant conduct is—
a
conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;
b
conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;
c
conduct involving sexual material relating to children (including possession of such material);
d
conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to F6ISA that the conduct is inappropriate;
e
conduct of a sexual nature involving a vulnerable adult, if it appears to F6ISA that the conduct is inappropriate.
I462
A person's conduct endangers a vulnerable adult if he—
a
harms a vulnerable adult,
b
causes a vulnerable adult to be harmed,
c
puts a vulnerable adult at risk of harm,
d
attempts to harm a vulnerable adult, or
e
incites another to harm a vulnerable adult.
I463
“Sexual material relating to children” means—
a
indecent images of children, or
b
material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
I464
“Image” means an image produced by any means, whether of a real or imaginary subject.
I605
A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
I466
For the purposes of sub-paragraph (1)(d) and (e), F6ISA must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
Risk of harm
I18I47C311
1
This paragraph applies to a person if—
a
it appears to F6ISA that the person falls within sub-paragraph (4), and
b
F6ISA proposes to include him in the adults' barred list.
2
F6ISA must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3
F6ISA must include the person in the adults' barred list if—
a
it is satisfied that the person falls within sub-paragraph (4), and
b
it appears to F6ISA that it is appropriate to include the person in the list.
4
A person falls within this sub-paragraph if he may—
a
harm a vulnerable adult,
b
cause a vulnerable adult to be harmed,
c
put a vulnerable adult at risk of harm,
d
attempt to harm a vulnerable adult, or
e
incite another to harm a vulnerable adult.
Restriction on inclusion
I19I6112
1
F6ISA must not include a person in the adults' barred list—
a
only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
I34b
if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
I342
A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of F6ISA.
I343
A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.
C2C1C3Part 3Supplementary
Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)
Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)
Procedure
I20I6213
1
F6ISA must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list.
2
Sub-paragraph (1) does not, without more, require F6ISA to give an individual the opportunity to make representations as to why he should not be included in a barred list.
I21I48C314
When an individual is included in a barred list F6ISA must take all reasonable steps to notify the individual of that fact.
I2215
I51
The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision F6ISA is required or authorised to take under this Schedule.
I52
Such provision may include provision as to the time within which anything is to be done.
Representations
I23I49C316
1
A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which F6ISA intends to rely in taking a decision under this Schedule.
2
Any requirement of this Schedule to give a person an opportunity to make representations does not apply if F6ISA does not know and cannot reasonably ascertain the whereabouts of the person.
3
The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made.
4
Findings of fact made by a competent body are findings of fact made in proceedings before one of the following bodies or any of its committees—
a
the General Teaching Council for England;
b
the General Teaching Council for Wales;
c
the Council of the Pharmaceutical Society of Great Britain;
d
the General Medical Council;
e
the General Dental Council;
f
the General Optical Council;
g
the General Osteopathic Council;
h
the General Chiropractic Council;
i
the Nursing and Midwifery Council;
j
the Health Professions Council;
k
the General Social Care Council;
l
the Care Council for Wales.
I355
The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.
I24I50C317
1
This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, F6ISA was unable to ascertain his whereabouts.
2
This paragraph also applies to such a person if—
a
he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and
b
F6ISA grants him permission to make such representations out of time.
3
If a person to whom this paragraph applies makes such representations after the prescribed time—
a
F6ISA must consider the representations, and
b
if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.
4
For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.
Review
I2518
I511
A person who is included in a barred list may apply to F6ISA for a review of his inclusion.
I512
An application for a review may be made only with the permission of F6ISA.
3
A person may apply for permission only if—
I51a
the application is made after the end of the minimum barred period, and
I6b
in the prescribed period ending with the time when he applies for permission, he has made no other such application.
I514
F6ISA must not grant permission unless it thinks—
a
that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and
b
that the change is such that permission should be granted.
I515
On a review of a person's inclusion, if F6ISA is satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application.
I66
The minimum barred period is the prescribed period beginning with such of the following as may be prescribed—
a
the date on which the person was first included in the list;
b
the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 is first satisfied;
c
where the person is included in the list on the grounds that he has been convicted of an offence in respect of which a custodial sentence (within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)) was imposed, the date of his release;
d
the date on which the person made any representations as to why he should not be included in the list.
Information
I26I52C319
1
F6ISA may require—
a
any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies;
I36b
any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs apply;
c
the chief officer of a relevant police force to provide to it any such relevant information;
d
any person who holds information prescribed for the purposes of section 24(8)(c) to provide to it any such information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies.
2
For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records thinks might be relevant in relation to the regulated activity concerned.
3
For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the chief officer thinks might be relevant in relation to the regulated activity concerned.
4
5
For the purpose of deciding under this Schedule whether or not a person is included in a barred list F6ISA must not take account of relevant police information if the chief officer of the relevant police force thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.
6
In sub-paragraph (5) relevant police information is information which falls within sub-paragraph (3), whether it is obtained by F6ISA in pursuance of sub-paragraph (1)(c) or paragraph 20(2).
7
In this paragraph—
“caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);
“relevant police force” must be construed in accordance with subsection (9) of section 113B of that Act as if the person had made an application for the purposes of that section.
8
I27I53C320
1
The Secretary of State may provide to F6ISA any information relating to a person which is held by him in connection with his functions under—
a
the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal);
b
Part 7 of the Care Standards Act 2000 (c. 14);
c
sections 142 to 144 of the Education Act 2002 (c. 32).
2
The Secretary of State must provide to F6ISA any information relating to a person which is held by him in connection with his functions under this Act (except information he holds relating to an offence prescribed for the purposes of paragraph 4(5) or 10(5) of this Schedule).
I28I3721
F6ISA must provide the Secretary of State with the prescribed information relating to a person if—
I63a
it includes that person in a barred list;
b
it is considering whether to include him in a barred list;
c
it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.
I29I54C322
The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.
F922A
ISA may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).
I30I55C323
F7ISA may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.
Prescribed criteria
I3124
I71
The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are—
a
that a person has been convicted of, or cautioned in relation to, an offence of a specified description;
b
that an order of a specified description requiring the person to do or not to do anything has been made against him;
c
that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom;
d
that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom.
I72
The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under—
F2a
the law of a country or territory outside England and Wales;
b
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);
c
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
d
section 42 of the Naval Discipline Act 1957 (c. 53);
e
section 42 of the Armed Forces Act 2006 (c. 52).
I563
The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.
I564
For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—
a
any offence committed before he attained the age of 18;
b
any order or direction made before that time.
I565
The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of section 2 if the court, having considered whether to make a disqualification order, decided not to.
I566
In sub-paragraph (5)—
a
the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);
b
a disqualification order is an order under section 28, 29 or 29A of that Act.
I567
For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period.
8
For the purpose of considering whether the criteria apply to an individual, the Secretary of State must, from time to time, examine records of convictions or cautions held for the use of police forces generally.
I79
Sub-paragraph (8) does not apply to records of convictions made, or cautions given, before such date as is prescribed.
F110
For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—
a
the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and
b
the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).
I32I57C325
F31
A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 24(1)(a), or which makes an order of a description specified for the purposes of paragraph 24(1)(b), must inform the person at the time he is convicted or the order is made that F8ISA will include him in the barred list concerned.
F42
This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.
Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5