The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009
| Jurisdiction | UK Non-devolved |
| Citation | SI 2009/12 |
| Year | 2009 |
2009 No. 12
Children And Young Persons, England And Wales
Protection Of Vulnerable Adults, England And Wales
The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009
Made 13th January 2009
Coming into force in accordance with article 1
The Secretary of State for Children, Schools and Families makes the following Order in exercise of the powers conferred by section 64(1), (2)(a) and (3) of the Safeguarding Vulnerable Groups Act 20061:
In accordance with section 56(3)(o) of that Act he has consulted the Welsh Ministers:
A draft of this Order was laid before Parliament in accordance with section 61(3) of that Act and approved by resolution of each House of Parliament.
PART 1
Introduction
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 and comes into force seven days after the day on which it is made.
(2) In this Order—
“the Act” means the Safeguarding Vulnerable Groups Act 2006;
“the 1999 Act” means the Protection of Children Act 19992;
“the 2000 Act” means the Care Standards Act 20003;
“the 2002 Act” means the Education Act 20024;
“the relevant period” means the period starting on the day on which this Order comes into force and ending on the day on which section 3 of the Act comes into force for all purposes.
PART 2
Consideration of cases
Consideration of cases arising before the relevant period
2.—(1) The Secretary of State must refer a person (X) to IBB if each of the following conditions is satisfied.
(2) The first condition is that before the start of the relevant period—
(a)
(a) X has been referred to the Secretary of State by virtue of a provision specified in paragraph (5), or
(b)
(b) information relating to X has been provided to the Secretary of State or the Welsh Ministers in accordance with a provision specified in paragraph (6).
(3) The second condition is that X is not provisionally included in the list kept under—
(a)
(a) section 15of the 1999 Act, or
(b)
(b) section 816of the 2000 Act.
(4) The third condition is that before the start of the relevant period the Secretary of State has not sent a notice to X inviting X to make representations as to why X should not be—
(a)
(a) included in the list kept under section 1 of the 1999 Act;
(b)
(b) included in the list kept under section 81 of the 2000 Act;
(c)
(c) made subject to a direction under section 1427of the 2002 Act.
(5) The provisions are—
(a)
(a) section 28, 2A9or 2D10of the 1999 Act;
(b)
(b) section 82, 83 or 8411of the 2000 Act.
(6) The provisions are—
(a)
(a) regulation 4 or 6 of the Education (Supply of Information) (Wales) Regulations 200312;
(b)
(b) regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations 200313.
Consideration of cases arising during the relevant period
3.—(1) This article applies during the relevant period.
(2) Paragraph (3) applies if, by virtue of a provision specified in paragraph (13), a person must or may—
(a)
(a) refer a person to the Secretary of State;
(b)
(b) provide information relating to a person to the Secretary of State.
(3) The referral is to be made, or the information provided, to IBB instead of to the Secretary of State.
(4) Accordingly, a requirement in any enactment or subordinate legislation that the event specified in paragraph (5) be notified to a person also applies to a referral made to IBB in accordance with paragraph (3).
(5) The event is the referral of a person to the Secretary of State by virtue of a provision specified in paragraph (13).
(6) The Welsh Ministers must refer to IBB any information that they receive, in accordance with regulation 4 or 6 of the Education (Supply of Information) (Wales) Regulations 2003, on a ground—
(a)
(a) that a person is considered to be unsuitable to work with children;
(b)
(b) relating to the person’s health where a relevant issue is raised.
(7) In paragraph (6) “relevant issue” has the same meaning as in regulation 3 of those Regulations.
(8) In relation to a person in relation to whom information is provided to IBB in accordance with paragraph (3), Schedule 1 to the Education (Prohibition from Teaching or Working with Children) Regulations 2003 has effect as if—
(a)
(a) in paragraph 7 of Part 1, for “of the Secretary of State’s functions under section 142 of the 2002 Act” there were substituted “by the Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 of its functions under Schedule 3 to that Act”, and
(b)
(b) in paragraph 7 of Part 2, for “of the Secretary of State’s functions under section 142 of the 2002 Act” there were substituted “by the Independent Barring Board established under section 1 of the Safeguarding Vulnerable Groups Act 2006 of its functions under Schedule 3 to that Act”.
(9) Subject to paragraph (12), section 2B14of the 1999 Act and section 8515of the 2000 Act must be ignored.
(10) Paragraph (11) applies if it appears to the Secretary of State that a person who held a relevant inquiry has found a person guilty of relevant misconduct.
(11) The Secretary of State must refer the person to IBB unless the Secretary of State is satisfied that IBB—
(a)
(a) is considering the case of the person, and
(b)
(b) is aware of the relevant misconduct.
(12) In paragraphs (10) and (11) “relevant inquiry” and “relevant misconduct” have the same meaning as in—
(a)
(a) section 2B of the 1999 Act;
(b)
(b) section 85 of the 2000 Act.
(13) The provisions are—
(a)
(a) sections 2, 2A and 2D of the 1999 Act;
(b)
(b) sections 82, 83 and 84 of the 2000 Act;
(c)
(c) regulation 4 of the Education (Prohibition from Teaching or Working with Children) Regulations 2003, as modified by this Order.
Functions under section 142 of the Education Act 2002 during the relevant period
4.—(1) This article applies during the relevant period.
(2) Subject to paragraphs (3) to (5), the following provisions in section 142 of the 2002 Act must be ignored—
(a)
(a) in subsection (2), paragraphs (a) to (c);
(b)
(b) subsection (3);
(c)
(c) in subsection (4), paragraphs (a), (b), (d) and (e).
(3) Paragraph (2) does not apply in relation to a person (X) where, before the start of the relevant period, the Secretary of State or the Welsh Ministers—
(a)
(a) had given X the right to make representations, or
(b)
(b) had otherwise exercised functions under section 142 of the 2002 Act in relation to X.
(4) Paragraph (2) does not apply for the purposes of article 6.
(5) Paragraph (2) does not apply for the purposes of construing a reference in any enactment or subordinate legislation to work to which section 142 of the 2002 Act applies.
(6) The Education (Prohibition from Teaching or Working with Children) Regulations 2003 have effect as if—
(a)
(a) in regulation 4, paragraphs (1)(a)(ii), (2)(a)(ii) and (3) were omitted, and
(b)
(b) in paragraph 12 of Part 116of Schedule 2, for “an offence if he has been”, there were substituted “an offence if he does not satisfy any of the criteria prescribed for the purposes of paragraph 1 or 2 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 and he has been”.
Consideration by IBB
5.—(1) For the purposes of this Order, Schedule 3 to the Act has effect subject to the following modifications.
(2) In paragraph 1, for sub-paragraphs (2) and (3) substitute—
“2 If IBB is satisfied that this paragraph applies to the person it must include the person in the children’s barred list.”.
(3) In paragraph 2, for sub-paragraphs (2) and (3) substitute—
“2 If IBB is satisfied that this paragraph applies to the person it must—
(a) include the person in the children’s barred list;
(b) give the person an opportunity to make representations as to why he should be removed from the children’s barred list.”.
(4) In paragraph 3(4), for the words “, having considered whether to make a disqualification order, decided not to” substitute “considered whether to make a disqualification order”.
(5) In paragraph 7, for sub-paragraphs (2) and (3) substitute—
“2 If IBB is satisfied that this paragraph applies to the person it must include the person in the adults’ barred list.”.
(6) In paragraph 8, for sub-paragraphs (2) and (3) substitute—
“2 If IBB is satisfied that this paragraph applies to the person it must—
(a) include the person in the adults’ barred list;
(b) give the person an opportunity to make representations as to why he should be removed from the adults’ barred list.”.
Effect of listing by IBB: children
6.—(1) This article applies if IBB, in exercise of its functions under this Order, includes a person (X) in the children’s barred list.
(2) Subject to paragraph (4) X must be treated for all purposes as if X—
(a)
(a) is included in the list maintained under section 1 of the 1999 Act;
(b)
(b) is subject to a direction under section 142 of the 2002 Act.
(3) Accordingly, a reference in any enactment or subordinate legislation to a person included in that list or subject to such a direction includes a reference to a person included in the children’s barred list.
(4) Paragraphs (2) and (3) do not apply for the purposes of—
(a)
(a) section 1(3) or 417of the 1999 Act;
(b)
(b) section 14418of the 2002 Act;
(c)
(c) article 2 or 3 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 200819.
Effect of listing by IBB: adults
7.—(1) This article applies if IBB, in exercise of its functions under this Order, includes a person (X) in the adults’ barred list.
(2) Subject to paragraph (4) X must be treated for all purposes as if X was included in the...
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