Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the criteria which are to have effect for the purposes of articles 2(7) and 4(7) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008, S.I. 2008/473 (“the TPO”). Anyone meeting these criteria will not be given the right to make representations as to their inclusion under the TPO in the barred lists (these are the lists maintained by the Independent Barring Board (“IBB”) under section 2 of the Safeguarding Vulnerable Groups Act 2006 (“the Act”)).

The criteria will apply only in the case of people whom IBB are required to include in those lists under the TPO (see regulations 2 and 3). They will be people who, at the point at which they are referred to IBB by the Secretary of State, are included in the lists maintained under section 1 of the Protection of Children Act 1999 or section 81 of the Care Standards Act 2000, who are subject to a disqualification order under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000, or who are subject to a direction made under section 142(1) of the Education Act 2002 on the grounds of unsuitability.

The criteria are that a person has been convicted of, or cautioned in relation to, an offence set out in the Schedule to these Regulations, or a connected offence, which that person committed in any applicable circumstances that are prescribed in the Schedule in relation to the commission of that offence (see regulation 1(3)). Where no circumstances are prescribed in relation to the commission of an offence, the criteria are met in any case where a person is convicted of, or cautioned in relation to, the offence in question. A connected offence is an offence of attempting, conspiring, or incitement to commit, or aiding, abetting, counselling, or procuring the commission of, an offence set out in the Schedule (regulation 1(2)).

The offence must have been committed within the period of 10 years ending on the day that the Secretary of State refers the individual to IBB (regulations 2 and 3). The effect of regulation 1(5) is that, where an offence has been committed over a period of time, it will be treated as having been committed on the last day of that period.