Safeguarding Vulnerable Groups Act 2006

Risk of harmE+W

5(1)This paragraph applies to a person if—E+W

(a)it appears to [F1DBS] that the person[F2

(i)falls within sub-paragraph (4), and

(ii)is or has been, or might in future be, engaged in regulated activity relating to children] and

(b)[F1DBS] proposes to include him in the children's barred list.

(2)[F1DBS] must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3)[F1DBS] must include the person in the children's barred list if—

(a)it is satisfied that the person falls within sub-paragraph (4),

[F3(aa)it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,] and

(b)it [F4is satisfied] 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.

Textual Amendments

F2Words in Sch. 3 para. 5(1)(a) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 67(4)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F3Sch. 3 para. 5(3)(aa) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 67(4)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F4Words in Sch. 3 para. 5(3)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 67(4)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2Sch. 3 para. 5 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)