The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 2009

Transitional provisions and savings: Care Standards Act 2000

6.—(1) Despite the commencement under article 2 of the repeal of—

(a)provisions of CSA, and

(b)the related provisions of POCA,

those provisions continue to have effect in relation to a person falling within paragraph (4) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (5) applies to P.

(2) The provisions mentioned in paragraph (1) continue to have effect for the purposes of—

(a)keeping the list under section 81 of CSA;

(b)including P in that list;

(c)providing for the effect of P’s inclusion in that list in accordance with section 89 of that Act;

(d)determining whether P is to be removed from that list and providing for P’s removal.

(3) For the purposes of paragraph (2)(d), the reference to determining whether P is to be removed from the list includes consideration of whether P should be removed on an appeal under section 86 of that Act or on an application under section 87.

(4) P is a person—

(a)who immediately before 12th October 2009 is included (provisionally or otherwise) in the list kept under section 81 of CSA, and

(b)in relation to whom none of the matters described in paragraph (5)(b) to (d) has occurred before that date.

(5) The matters referred to in paragraph (1) are—

(a)P is removed from the list kept under section 81 of CSA in accordance with a provision of that Act;

(b)P is included in the adults’ barred list pursuant to article 4(2)(a) of the 2008 Order and either—

(i)IBB is not required under paragraph (2)(b) of article 4 of that Order to give P the opportunity to make representations as to why P should be removed from that list, or

(ii)where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that article not to remove P from that list;

(c)IBB includes P in the adults’ barred list other than in accordance with article 4(2)(a) of the 2008 Order;

(d)in accordance with article 4(4) of the 2008 Order, IBB removes P from the adults’ barred list.

(6) Section 3 of the Act does not apply to P until the provisions referred to in paragraph (1) cease to have effect in relation to P in accordance with this article.

(7) In paragraph (1) “the related provisions of POCA” means sections 2(4) to (7), 2A(3), 2B(1) to (6) and 2D(1) and (2) of that Act, in so far as those provisions apply by virtue of section 92 of CSA to the inclusion of persons in the list kept under section 81 of that Act.