The Children (Protection from Offenders) (Miscellaneous Amendments) Regulations 1997

Regulations 2(9), 3(5) and 5(2)

SCHEDULE

To be inserted as Schedule'2 (definition of “specified offence”) to the Adoption Agencies Regulations 1983 and as Schedule'4 (definition of “specified offence”) to the Foster Placement (Children) Regulations 1991 and to be substituted, subject to the modifications in regulation'5(2), for paragraph 1 of the Schedule to the Disqualification for Caring for Children Regulations 1991.

Offences in England and Wales

1.  An offence under section 1 of the Sexual Offences Act 1956 (rape)(1)(a).

2.  An offence specified in Schedule 1 to the Children and Young Persons Act 1933(2) except for—

(a)the offence of common assault or battery; or

(b)in a case where the offender was under 20 at the time the offence was committed, an offence contrary to sections 6, 12 or 13 of the Sexual Offences Act 1956 (sexual intercourse with a girl between 13 and 16, buggery or indecency between men).

3.  An offence under section 1(1) of the Indecency with Children Act 1960 (indecent conduct towards young child)(3).

4.  An offence under section 54 of the Criminal Law Act 1977 (inciting a girl under 16 to have incestuous sexual intercourse)(4).

5.  An offence contrary to section 1 of the Protection of the Children Act 1978 (indecent photographs of children)(5).

6.  An offence contrary to section 160 of the Criminal Justice Act 1988 (the possession of indecent photographs of children)(6).

7.  An offence contrary to section 170 of the Customs and Excise Management Act 1979(7) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876(8) (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16.

Offences in Scotland

8.  An offence of rape.

9.  An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995(9) other than, in a case where the offender was under 20 at the time the offence was committed, an offence contrary to section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995(10) (intercourse with a girl between 13 and 16), an offence of shameless indecency between men or an offence of sodomy.

10.  An offence under section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16.

11.  An offence under sections 52 and 52A of the Civic Government (Scotland) Act 1982 (indecent photographs)(11).

Offences in Northern Ireland

12.  An offence of rape.

13.  An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968(12), except for—

(a)the offence of common assault or battery; or

(b)other than, in a case where the offender was under 20 at the time the offence was committed, an offence contrary to sections 5 or 11 of the Criminal Law Amendment Act 1985(13) (unlawful carnal knowledge of a girl under 17 and gross indecency between males), or an offence contrary to section 61 of the Offences against the Person Act 1861(14) (buggery).

14.  An offence specified in the Homosexual Offences (Northern Ireland) Order 1982(15).

15.  An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs)(16).

16.  An offence contrary to Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse)(17).

17.  An offence contrary to Article 15 of the Criminal Justice (Evidence etc) (Northern Ireland) Order 1988 (possession of indecent photographs of children)(18).

18.  An offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions relating to pornography) where the prohibited goods included indecent photographs of children under the age of 16.