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Safeguarding Vulnerable Groups Act 2006

Sections164

Safeguarding Vulnerable Groups Act 2006

2006 c. 47

An Act to make provision in connection with the protection of children and vulnerable adults.

Enacted[8th November 2006]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C15

Barring

I124I1621 Independent Safeguarding Authority

1 There shall be a body corporate to be known as the Independent Safeguarding Authority (“ISA”).
2 Schedule 1 makes provision relating to ISA.
3 Schedule 2 (transfers to ISA) has effect.

I65I239I1052 Barred lists

1 DBS must F142... maintain—
a the children's barred list;
b the adults' barred list.
I14I2742 Part 1 of Schedule 3 applies for the purpose of determining whether an individual is included in the children's barred list.
I14I2743 Part 2 of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.
I255I274I854 Part 3 of that Schedule contains supplementary provision.
I2315 In respect of an individual who is included in a barred list, DBS must keep other information of such description as is prescribed.

I1763 Barred persons

I571 A reference to a person being barred from regulated activity must be construed in accordance with this section.
2 A person is barred from regulated activity relating to children if he is—
I57a included in the children's barred list;
I82b included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list.
3 A person is barred from regulated activity relating to vulnerable adults if he is—
a included in the adults' barred list;
I82b included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.

C21C1C264 Appeals

I2671 An individual who is included in a barred list may appeal to the Upper Tribunal against—
F57a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b a decision under paragraph 2, 3, 5, 8, 9 or 11 of Schedule 3 to include him in the list;
c a decision under paragraph 17 , 18 or 18A of that Schedule not to remove him from the list.
I2672 An appeal under subsection (1) may be made only on the grounds that DBS has made a mistake—
a on any point of law;
b in any finding of fact which it has made and on which the decision mentioned in that subsection was based.
I2673 For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
I2674 An appeal under subsection (1) may be made only with the permission of the Upper Tribunal.
I2675 Unless the Upper Tribunal finds that DBS has made a mistake of law or fact, it must confirm the decision of DBS .
I2676 If the Upper Tribunal finds that DBS has made such a mistake it must—
a direct DBS to remove the person from the list, or
b remit the matter to DBS for a new decision.
I2677 If the Upper Tribunal remits a matter to DBS under subsection (6)(b)—
a the Upper Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and
b the person must be removed from the list until DBS makes its new decision, unless the Upper Tribunal directs otherwise.
F327I1198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F327I2679 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F327I26710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F327I26711 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulated activity

I445 Regulated activity

I175I2241 A reference to regulated activity relating to children must be construed in accordance with Part 1 of Schedule 4.
I175I2242 A reference to regulated activity relating to vulnerable adults must be construed in accordance with Part 2 of that Schedule.
I1863 The Secretary of State may by order amend that Schedule, or any of the modifications of that Schedule in the provisions mentioned in subsection (4), so as to vary the meaning of—
a regulated activity relating to children;
b regulated activity relating to vulnerable adults.
I1864 The provisions are—
  • section 7(5);
  • section 9(5);
  • F283...
  • section 19(8);
  • F11....

Regulated activity providers

I108I127I1416 Regulated activity providers

1 A reference to a regulated activity provider must be construed in accordance with this section.
2 A person (P) is a regulated activity provider if—
a he is responsible for the management or control of regulated activity,
b if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes, and
c he makes, or authorises the making of, arrangements (whether in connection with a contract of service or for services or otherwise) for another person to engage in that activity.
3 A person (P) is also a regulated activity provider if section 53(4) (fostering) so provides.
4 A person (P) is also a regulated activity provider if he carries on a scheme—
a under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and
b in respect of which a requirement to register arises—
i in relation to England, under section 10 of the Health and Social Care Act 2008, or
ii in relation to Wales, under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
5 P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.
6 Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.
7 Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—
a a member of P's family;
b a friend of P.
8 A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person—
a to a position mentioned in paragraph 1(9) or 7(9) of Schedule 4,
b as a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);
F109c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d to any position mentioned in paragraph 7(3E)(a) or (b) of Schedule 4 or to exercise any function exercisable by virtue of that position.
8CA A person (S) who is authorised as mentioned in subsection (5)(a) of section 50 of the Social Services and Well-being (Wales) Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (5)(b) or (6)(b) of that section.
8C The Secretary of State does not make arrangements for another to engage in a regulated activity by virtue of anything the Secretary of State does under section 12A or 12D, or regulations under section 12B, of the National Health Service Act 2006 (direct payments for health services).
F3008D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8E NHS England or an integrated care board does not make arrangements for another to engage in a regulated activity by virtue of anything NHS England or the integrated care board does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).
9 For the purposes of subsection (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend.
10 If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Act must be taken to be a requirement on or liability of—
a the person responsible for the management and control of the association, or
b if there is more than one such person, all of them jointly and severally.
11 “Family” and “friend” must be construed in accordance with section 58.
I22612 The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.

Restrictions on participating in regulated activity

I937 Barred person not to engage in regulated activity

1 An individual commits an offence if he—
a seeks to engage in regulated activity from which he is barred;
b offers to engage in regulated activity from which he is barred;
c engages in regulated activity from which he is barred.
2 A person guilty of an offence under subsection (1) is liable—
a on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
b on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
3 It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.
4 It is a defence for a person charged with an offence under subsection (1) to prove—
a that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
b that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
c that he engaged in the activity for no longer than was necessary for that purpose.
5 For the purposes of this section, Schedule 4 is modified as follows—
a in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
F7b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.

F1178 Person not to engage in regulated activity unless subject to monitoring

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I1349 Use of barred person for regulated activity

1 A person commits an offence if—
a he permits an individual (B) to engage in regulated activity from which B is barred,
b he knows or has reason to believe that B is barred from that activity, and
c B engages in the activity.
2 A personnel supplier commits an offence if—
a he supplies an individual (B) to another (P),
b he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
c he knows or has reason to believe that B is barred from that activity.
3 A person guilty of an offence under this section is liable—
a on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
b on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
4 It is a defence for a person charged with an offence under this section to prove—
a that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
b that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
c that the barred person engaged in the activity for no longer than was necessary for that purpose.
5 For the purposes of this section, Schedule 4 is modified as follows—
a in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
F119b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F119c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 In relation to an offence committed before 2 May 2022, the reference in subsection (3)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.

F30610 Use of person not subject to monitoring for regulated activity

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F7611 Regulated activity provider: failure to check

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F3412 Personnel suppliers: failure to check

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F6513 Educational establishments: check on members of governing body

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F12214 Office holders: offences

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F10415 Sections 13 and 14: checks

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Exceptions

F15416 Exception to requirement to make monitoring check

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F6817 NHS employment

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Offences: supplementary

I17918 Offences: companies &c.

1 If an offence under section 9 F60... or 38 F185... is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—
a a director, manager, secretary or other similar officer of the body, or
b a person purporting to act in such a capacity,
he (as well as the body) commits the offence.
2 If an offence under section 9 F164... or 38 F140... is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—
a a partner, or
b a person purporting to act as a partner,
he (as well as the partnership) commits the offence.
3 In subsection (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

19 Offences: other persons

F2741 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1402 A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—
a he supplies an individual (B) to another (P),
b he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
c he knows or has reason to believe that B is barred from the activity.
F1393 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1394 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1405 A person guilty of an offence under subsection (2) is liable—
a on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
b on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
F336 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F337 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2898 For the purpose of subsection (2)(b), Schedule 4 is modified as follows—
a in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
F56b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1239 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I14010 In relation to an offence committed 2 May 2022, the reference in subsection (5)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.

20 Section 19: exclusions and defences

I1631 A person does not commit an offence under section 19 if B has not attained the age of 16.
F702 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F703 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F704 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F705 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F706 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F707 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Controlled activity

F16521 Controlled activity relating to children

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F16522 Controlled activity relating to vulnerable adults

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F16523 Controlled activity: regulations

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Monitoring

F28024 Monitoring

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F280 24A Monitoring: power to prescribe additional fees

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F28025 Monitoring: fees

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F28026 Ceasing monitoring

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F280 27  Prohibition of requirement to produce certain records

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I223C18C17C928 Independent monitor

After section 119A of the Police Act 1997 (c. 50) (further sources of information: Scotland) insert—

I1629 Part 5 of the Police Act 1997: code of practice

1 Section 122 of the Police Act 1997 (c. 50) (code of practice) is amended as follows.
2 In subsection (1) after “information provided to” insert “ , or the discharge of any function by, ”.
3 In subsection (3) for the words from “The Secretary of State” to “application” substitute “ Subsection (3A) applies if the Secretary of State thinks that the registered person who countersigned an application for a certificate under section 113A or 113B ”.
4 After subsection (3) insert—

Notices and information

30 Provision of vetting information

1 The Secretary of State must provide a person (A) with the information mentioned in subsection (4) in relation to another (B) if—
a A makes an application for the information,
b the application contains the appropriate declaration, and
c the Secretary of State has no reason to believe that the declaration is false.
2 The appropriate declaration is a declaration by A—
a that he falls within column 1 of a specified entry, and
b that B has consented to the provision of the information to A.
2A The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by section 24A.
3 In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.
4 The information is—
a if column 2 of the specified entry refers to children, relevant information relating to children, and
b if column 2 of the specified entry refers to vulnerable adults, relevant information relating to vulnerable adults.
5 Paragraph (b) of subsection (2) does not apply if the specified entry is 17.
6 If B consents to the provision of information to A in relation to an application under this section, the consent also has effect in relation to any subsequent such application by A.
I2457 The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).
I2458 The Secretary of State may by regulations make provision requiring a local authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under section 17A of the Children Act 1989 (c. 41) or section 57 of the Health and Social Care Act 2001 (c. 15) , F102... in accordance with section 31 or 32 of the Care Act 2014, or in accordance with regulations made under section 49A of, or Schedule A1 to, the Social Services and Well-being (Wales) Act 2014 to inform the person of his right to obtain relevant information under this section.

31 Meaning of relevant information in section 30

1 This section has effect for the purposes of section 30.
2 Relevant information relating to children is—
a whether B is subject to monitoring in relation to regulated activity relating to children, and
b if so, whether he is undergoing assessment.
3 Relevant information relating to vulnerable adults is—
a whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and
b if so, whether he is undergoing assessment.
4 B is undergoing assessment if—
a the Secretary of State is required to notify B as mentioned in section 24(4) in connection with B's monitoring application but has not yet done so;
b B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section;
c in relation to subsection (2)(b), IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3;
d in relation to subsection (3)(b), IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of that Schedule.
5 In subsection (4)(b) “simultaneous application” means an application made simultaneously with B's monitoring application under section 24.
I1136 The Secretary of State may by order amend the preceding provisions of this section for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).

32 Notification of cessation of monitoring

1 The Secretary of State must establish and maintain a register for the purposes of this section.
2 The Secretary of State must register a person (A) in relation to another (B) if—
a A makes an application to be registered in relation to B,
b the application contains the appropriate declaration,
c the Secretary of State has no reason to believe that the declaration is false, and
d B is subject to monitoring in relation to the regulated activity to which the application relates.
3 The appropriate declaration is a declaration by A—
a that he falls within column 1 of a specified entry, and
b that B has consented to the application.
4 In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.
5 A's application and registration relate—
a if column 2 of the specified entry refers to children, to regulated activity relating to children;
b if column 2 of the specified entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.
6 The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates.
7 The requirement under subsection (6) is satisfied if notification is sent to any address recorded against A's name in the register.
8 Paragraph (b) of subsection (3) does not apply if the specified entry is 17.
9 If B consents to the provision of information to A under section 30 the consent also has effect as consent to any application by A to be registered in relation to B under this section.
I15310 The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).

33 Cessation of registration

1 In this section references to registration are to registration in the register maintained for the purposes of section 32.
2 Once a person is notified as mentioned in subsection (6) of that section, his registration ceases.
I1513 DBS may cancel a person's registration in such circumstances as are prescribed.
4 DBS must cancel a person's registration—
a if the person applies for it to be cancelled;
I151b in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled.
5 When a person's registration is cancelled under subsection (3) or (4)(b), DBS must notify him of that fact.
6 The requirement under subsection (5) is satisfied if notification is sent to any address recorded against A's name in the register.

34 Declarations under sections 30 and 32

1 An individual commits an offence if, in an application made for the purposes of section 30 or 32—
a he makes a false declaration, and
b he either knows that it is false or is reckless as to whether it is false.
2 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

35 Regulated activity providers: duty to refer

I195I2161 Subsection (2) applies to—
a a regulated activity provider who holds any prescribed information in relation to a person (P) engaged in regulated activity provided by him;
F73b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2632 A person to whom this subsection applies must provide DBS with the information if—
a he withdraws permission for P to engage in the activity for a reason mentioned in subsection (3), or
b he does not withdraw permission for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity.
I2633 The reasons are that the person to whom subsection (2) applies thinks—
a that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,
b that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or
c that the harm test is satisfied.
I2634 The harm test is that P may—
a harm a child or vulnerable adult,
b cause a child or vulnerable adult to be harmed,
c put a child or vulnerable adult at risk of harm,
d attempt to harm a child or vulnerable adult, or
e incite another to harm a child or vulnerable adult.
I2635 For the purposes of subsection (3)(b), conduct is inappropriate if it appears to the person to whom subsection (2) applies to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
F347I2636 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2637 This section does not apply if the conditions specified in subsection (2) are fulfilled before the section is commenced.

36 Personnel suppliers: duty to refer

I122I2331 A personnel supplier must provide DBS with any prescribed information it holds in relation to a person (P) who has been supplied by it to another person if the supplier knows that P has ceased to be engaged in regulated activity F302... in the circumstances mentioned in subsection (2)(a) or (b) of section 35.
I122I2332 A personnel supplier which is an employment agency or employment business must provide DBS with any prescribed information it holds in relation to a person (P) for whom it acts if—
a the agency or business determines to cease to act for P for a reason mentioned in subsection (4), or
b it does not determine to cease to act for P for such a reason but would or might have done so if its arrangement with, or employment of, him had not otherwise come to an end.
I122I2333 A personnel supplier which is an educational institution must provide DBS with any prescribed information it holds in relation to a student (P) following a course at the institution if—
a the institution determines to cease to supply P to another person for him to engage in regulated F192... activity for a reason mentioned in subsection (4),
b the institution determines that P should cease to follow a course at the institution for a reason mentioned in subsection (4), or
c it does not determine as mentioned in paragraph (a) or (b) for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course.
I2514 The reasons are that the personnel supplier thinks—
a that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,
b that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or
c that the harm test is satisfied.
I2515 The harm test is that P may—
a harm a child or vulnerable adult,
b cause a child or vulnerable adult to be harmed,
c put a child or vulnerable adult at risk of harm,
d attempt to harm a child or vulnerable adult, or
e incite another to harm a child or vulnerable adult.
I2516 For the purposes of subsection (4)(b), conduct is inappropriate if it appears to the personnel supplier to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
I2517 An employment agency acts for a person if it makes arrangements with him with a view to—
a finding him employment with an employer, or
b supplying him to employers for employment by them.
I2518 An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity.
I2519 In this section “employment” has the same meaning as in the Employment Agencies Act 1973 (c. 35).
I25110 This section does not apply if the conditions specified in subsection (1), (2) or (3) are fulfilled before the section is commenced.

I181I17037 Regulated activity providers: duty to provide information on request &c.

1 This section applies if DBS is considering—
a whether to include any person in a barred list;
b whether to remove any person from a barred list.
I1822 DBS may require—
a any regulated activity provider who has made arrangements for that person to engage in regulated activity (whether or not the arrangements are still in place),
F195b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or
d any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated F235... activity,
to provide DBS with any prescribed information he or it holds relating to the person.
3 An employment agency acts for a person if it makes arrangements with him with a view to—
a finding him relevant employment with an employer, or
b supplying him to employers for relevant employment by them.
4 Relevant employment is employment which consists in or involves engaging in regulated F95... activity.
5 An employment business acts for a person if it employs him to engage in regulated F216... activity for and under the control of other persons.
6 In this section “employment” has the same meaning as in the Employment Agencies Act 1973 (c. 35).

I221I101I1838 Duty to provide information: offences

1 A person commits an offence if—
a he is required under section 35 or 36 or in pursuance of section 37 to provide information to DBS , and
b he fails, without reasonable excuse, to provide the information.
2 A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Local authority information and referrals

39 Local authorities: power to refer

I54I2481 A local authority may provide DBS with any F134... information they hold relating to a person if the first and second conditions are satisfied.
I1492 The first condition is that the local authority thinks—
a that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
b that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
c that the harm test is satisfied.
I1493 The harm test is that the person may—
a harm a child or vulnerable adult,
b cause a child or vulnerable adult to be harmed,
c put a child or vulnerable adult at risk of harm,
d attempt to harm a child or vulnerable adult, or
e incite another to harm a child or vulnerable adult.
I1494 The second condition is that the local authority thinks—
a that the person is or has been, or might in future be, engaged in regulated activity F232..., and
b (except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list.
I54I2485 A local authority may provide DBS with any F174... information it holds relating to a person if—
a the local authority think that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
b the condition in subsection (4) is satisfied.
I1496 For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
I1497 “Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39).

I15I21340 Local authorities: duty to provide information on request

1 This section applies if DBS is considering—
a whether to include any person in a barred list;
b whether to remove any person from a barred list.
I962 If DBS thinks that a local authority hold any prescribed information relating to the person, it may require the authority to provide it with the information.
3 The local authority must comply with a requirement under subsection (2).
4 “Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970.

Professional bodies and supervisory authorities

41 Registers: power to refer

I99I41 A keeper of a relevant register may provide DBS with any F323... information he holds relating to a person if the first and second conditions are satisfied.
I412 The first condition is that the keeper thinks—
a that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
b that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
c that the harm test is satisfied.
I413 The harm test is that the person may—
a harm a child or vulnerable adult,
b cause a child or vulnerable adult to be harmed,
c put a child or vulnerable adult at risk of harm,
d attempt to harm a child or vulnerable adult, or
e incite another to harm a child or vulnerable adult.
I414 The second condition is that the keeper thinks—
a that the person is or has been, or might in future be, engaged in regulated activity F210..., and
b (except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list.
I99I45 A keeper of a relevant register may provide DBS with any F194... information he holds relating to a person if—
a he thinks that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
b the condition in subsection (4) is satisfied.
I416 For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
I270I47 In this section—
a a relevant register is a register appearing in column 1 of the following table, and
b in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
Relevant registerKeeper of the register
1. The register of teachers maintained under section 3 of the Teaching and Higher Education Act 1998 (c. 30)The General Teaching Council for Wales
2.The register maintained under article 19 of the Pharmacy Order 2010The registrar appointed under article 18 of that Order.
3.Any of the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54)The registrar of the General Medical Council
4. The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that ActThe registrar appointed under section 14 of that Act
5. The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that ActThe registrar of the General Optical Council
6. The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21)The Registrar of Osteopaths
7. The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17)The Registrar of Chiropractors
8. The register of social workers and social care workers in Wales maintained under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) the registrar appointed under section 81 of that Act
9. The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253)The registrar appointed under Article 4 of that Order
10. The register of members of relevant professions maintained under Article 5 of the Health Professions Order 2001 The registrar appointed under Article 4 of that Order
11. The register of social workers in England kept under section 39(1) of the Children and Social Work Act 2017 The registrar appointed under section 39(3)(a) of the Children and Social Work Act 2017 or, in the absence of such an appointment, Social Work England
12. The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order
I196I48 The Secretary of State may by order amend the table in subsection (7) by inserting an entry or amending or omitting an entry for the time being contained in the table.

I155I2942 Registers: duty to provide information on request

1 This section applies if DBS is considering—
a whether to include in a barred list a person who appears on a relevant register;
b whether to remove such a person from a barred list.
I1712 DBS may require the keeper of the register to provide it with any prescribed information he holds relating to the person.
3 The keeper of the register must comply with a requirement under subsection (2).
4 References to a relevant register and the keeper of a relevant register must be construed in accordance with section 41(7).

43 Registers: provision of barring information to keepers of registers

1 Subsection (2) applies if—
a DBS knows or thinks that a person (A) appears on a relevant register, and
b either—
i A is included in a barred list, or
ii DBS is aware that A is subject to a relevant disqualification.
2 DBS must—
a notify the keeper of the register of the circumstances mentioned in subsection (1)(b)(i) or (as the case may be) (ii), and
b in the case where A is included in a barred list, provide the keeper of the register with such of the information on which DBS relied in including A in the list as DBS considers—
i to be relevant to the exercise of any function of the keeper, and
ii otherwise appropriate to provide.
I213 Subsection (4) applies if the keeper of a relevant register applies to DBS to ascertain in relation to a person (A) whether—
a A is included in a barred list, or
b DBS is aware that A is subject to a relevant disqualification.
I214 DBS must notify the keeper of the register as to whether the circumstances are as mentioned in subsection (3)(a) or (as the case may be) (b).
I215 DBS may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as DBS considers appropriate.
5A Subsection (5B) applies if—
a a keeper of a register has applied to DBS to be notified in relation to a person (A) if—
i A is included in a barred list, or
ii DBS is aware that A is subject to a relevant disqualification, and
b the application has not been withdrawn.
5B DBS must notify the keeper of the register if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii).
5C For the purposes of subsection (5A)(b) an application is withdrawn if—
a the keeper of the register notifies DBS that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii) in relation to A, or
b DBS cancels the application on either of the following grounds—
i that the keeper has not answered, within such reasonable period as was required by DBS, a request from DBS as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii), or
ii that A neither appears in the register nor is being considered for inclusion in the register.
5D A keeper of a relevant register may apply for information under this section, or to be notified under this section, in relation to a person (A) only if—
a A appears in the register, or
b A is being considered for inclusion in the register.
5E The duties in subsections (2), (4) and (5B) do not apply if DBS F110... is satisfied that the keeper of the register already has the information concerned.
5F DBS may determine the form, manner and contents of an application for the purposes of this section.
5G In this section relevant information is information—
a which—
i relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
ii is relevant to the exercise of any function of the keeper of the register, but
b which is not—
i information that the circumstances are as mentioned in subsection (1)(b)(i) or (ii) in relation to a person,
ii any information provided under subsection (2)(b), or
iii information falling within paragraph 19(5) of Schedule 3.
5H The Secretary of State may by order amend subsection (5G).
I1996 In this section—
a a relevant register is a register appearing in column 1 F249... of the table in section 41(7), and
b in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
I264I2047 A person is subject to a relevant disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to a barred list.

F9944 Registers: power to apply for vetting information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45 Supervisory authorities: power to refer

I177I281 A supervisory authority may provide DBS with any F152... information it holds relating to a person if the first and second conditions are satisfied.
I2182 The first condition is that the supervisory authority thinks, on the basis of relevant evidence—
a that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
b that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
c that the harm test is satisfied.
I2183 The harm test is that the person may—
a harm a child or vulnerable adult,
b cause a child or vulnerable adult to be harmed,
c put a child or vulnerable adult at risk of harm,
d attempt to harm a child or vulnerable adult, or
e incite another to harm a child or vulnerable adult.
I2184 The second condition is that the supervisory authority thinks—
a that the person is or has been, or might in future be, engaged in regulated activity F314... , and
b (except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list.
I177I285 The supervisory authority may provide DBS with any F201... information it holds relating to a person if—
a it thinks, on the basis of relevant evidence, that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
b the condition in subsection (4) is satisfied.
F258I2186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I128I287 A supervisory authority is—
a a registration authority within the meaning of section 5 of the Care Standards Act 2000 (c. 14) in respect of its functions under Part 2 of that Act;
aza the Secretary of State in respect of the Secretary of State's functions under sections 141B to 141E of the Education Act 2002;
azb the Secretary of State in respect of the Secretary of State's functions under Chapter 1 of Part 4 of the Education and Skills Act 2008;
aa the Secretary of State in respect of his functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) ;
b the Welsh Ministers in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);
c the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008;
ca the Welsh Ministers in respect of their functions under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
F259d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e the Welsh Ministers in respect of their functions under Chapter 4 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 and Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4);
ea the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989;
f the Public Guardian in the exercise of his functions;
g Her Majesty's Chief Inspector of Schools in England in the exercise of his functions;
h Her Majesty's Chief Inspector of Education and Training in Wales in the exercise of his functions;
i the Charity Commissioners for England and Wales in the exercise of their functions.
I2188 Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in subsection (7).
I92I289 The Secretary of State may by order amend subsection (7) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the subsection.
I21810 For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the supervisory authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.

I20I14346 Supervisory authorities: duty to provide information on request

1 This section applies if DBS is considering—
I107a whether to include in a barred list a person in relation to whom DBS thinks that a supervisory authority may have prescribed information;
b whether to remove such a person from a barred list.
I1072 DBS may require the supervisory authority to provide it with any prescribed information it holds relating to the person.
3 The supervisory authority must comply with a requirement under subsection (2).

47 Supervisory authorities: power to apply for certain barring information

I2501 If a supervisory authority applies to DBS for information within subsection (2) or (3) relating to a person (B), DBS must provide the supervisory authority with that information.
I2502 The information within this subsection is—
a whether B is barred from regulated activity relating to children,
F18b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2503 The information within this subsection is—
a whether B is barred from regulated activity relating to vulnerable adults,
F248b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F248c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F248d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F248e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2504 A supervisory authority may apply for information under this section only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
F3295 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I786 The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2) or (3).
I159I1167 DBS may determine the form, manner and contents of an application for the purposes of this section.

48 Supervisory authorities: notification of barring &c. in respect of children

1 This section applies if—
a a person is F14... included in the children's barred list,
b DBS becomes aware that a person is subject to a relevant children's disqualification, F178...
F178c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1).
3 A supervisory authority is an interested supervisory authority only if—
a it has applied to DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and
b the application has not been withdrawn.
4 A supervisory authority may apply to DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
5 For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.
I2796 A person is subject to a relevant children's disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list.
I1067 The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.
I1068 DBS may determine the form, manner and contents of an application for the purposes of this section.

49 Supervisory authorities: notification of barring &c. in respect of vulnerable adults

1 This section applies if—
a a person is F277... included in the adults' barred list,
b DBS becomes aware that a person is subject to a relevant adults' disqualification, F116...
F116c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a) or (b) (as the case may be) of subsection (1).
3 A supervisory authority is an interested supervisory authority only if—
a it has applied to DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and
b the application has not been withdrawn.
4 A supervisory authority may apply to DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
5 For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.
I76 A person is subject to a relevant adults' disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.
I2417 The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.
I2418 DBS may determine the form, manner and contents of an application for the purposes of this section.

I72I77I115I13950 Provision of information to supervisory authorities

1 This section applies if DBS has information that it thinks is relevant to a supervisory authority.
2 DBS may (whether on an application by the authority or otherwise) provide the supervisory authority with the information.
3 Information is relevant to a supervisory authority if—
a it relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
b is relevant to the exercise of any function of the authority which is mentioned in section 45(7),
but does not include information falling within paragraph 19(5) of Schedule 3 or of any circumstance mentioned in section 48(1) or 49(1) in relation to a person.
4 A supervisory authority may apply to DBS under this section only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in section 45(7).
5 DBS may determine the form, manner and contents of an application for the purposes of this section.

Provision of information to the police etc.

50A  Provision of information to the police etc.

1 DBS may provide any information it has to a chief officer of police for use for any of the following purposes—
a the prevention, detection and investigation of crime;
b the apprehension and prosecution of offenders.
c the appointment of persons who are under the direction and control of the chief officer,
d any prescribed purpose
1A DBS must, for use for any of the purposes mentioned in subsection (1), provide to any chief officer of police who has requested it a barred list or information as to whether a particular person is barred.
1B DBS may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which DBS reasonably believes to be relevant to that authority.
1C DBS must, for use for the purposes of the protection of children or vulnerable adults, provide to any relevant authority who has requested it information as to whether a particular person is barred.
2 The powers conferred by this section do not limit any other power of DBS to provide information for any purpose or to any person.
3 In this section, “a chief officer of police” includes—
a the Chief Constable of the Police Service of Northern Ireland ;
b the chief constable of the Police Service of Scotland ;
c the Chief Constable of the British Transport Police Force;
d the Chief Constable of the Civil Nuclear Constabulary;
e the Chief Constable of the Ministry of Defence Police;
f the Director General of the National Crime Agency;
g the Provost Marshal of the Royal Navy Police;
h the Provost Marshal of the Royal Military Police;
i the Provost Marshal of the Royal Air Force Police;
j the Provost Marshal for serious crime;
k the Chief Constable of the Isle of Man Constabulary;
l the Chief Officer of the States of Jersey Police Force;
m the Chief Officer of the salaried police force of the Island of Guernsey.
4 In this section “relevant authority” means—
a the Secretary of State exercising functions in relation to prisons, or
b a provider of probation services (within the meaning given by section 3(6) of the Offender Management Act 2007).

Crown

I236I9551 Crown application

1 Subject to the provisions of this section, this Act and any regulations or orders made under it bind the Crown.
2 No contravention by the Crown of any provision of this Act or of any regulations or order made under it makes the Crown criminally liable.
3 Despite subsection (2), this Act and any regulations or orders made under it apply to persons in Crown employment (within the meaning of the Employment Rights Act 1996 (c. 18)) as they apply to other persons.
4 Subsection (2) of section 6 does not apply in relation to any activity carried out by the Crown.
5 Each government department and other body performing functions on behalf of the Crown—
a if the department or body engages in regulated activity, is the regulated activity provider in relation to the activity;
F218b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 In subsection (5) “body” includes office-holder.
7 Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity (within the meaning of section 38(3) of the Crown Proceedings Act 1947 (c. 44)).

Miscellaneous

I4252 Referrals: findings of fact immaterial

1 For the purposes of the provisions mentioned in subsection (2), it is immaterial whether there is a finding of fact in any proceedings.
2 The provisions are—
  • section 35(3)(b) and (c);
  • section 36(4)(b) and (c);
  • section 39(2)(b) and (c) and (5)(a);
  • section 41(2)(b) and (c) and (5)(a);
  • section 45(2)(b) and (c) and (5)(a).

I259I13753 Fostering

1 Despite section 58, this Act applies to activity that is regulated activity by virtue of paragraph 1(5) of Schedule 4.
2 Subsection (1) does not affect the operation of this Act in relation to any other activity that is carried out in connection with a foster child.
3 Subsection (4) applies if a person (P)—
a makes arrangements for another person to foster a child as a private foster parent, and
b has power to terminate the arrangements.
4 P is, if he would not otherwise be, a regulated activity provider in relation to fostering carried out by the foster parent in pursuance of the arrangements.
5 The following provisions of this section apply for the purposes of this Act.
6 A person fosters a child if he is a foster parent of the child.
7 A person is a foster parent if—
a the person is a local authority foster parent within the meaning of section 105 of the Children Act 1989;
b he is a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act;
c he is a private foster parent.
8 A person is a private foster parent if he falls within subsection (9) and looks after a child—
a for reward, or
b in pursuance of an arrangement made by someone other than a member of the child's family.
9 A person falls within this subsection if—
a he fosters the child privately within the meaning of section 66(1) of the Children Act 1989,
b he would be so fostering the child but for subsection (2) of that section (minimum period of 28 days), or
c (in the case of a child who has attained the age of 16) he would fall within paragraph (a) or (b) if the child were under the age of 16.
10 A person's family includes—
a the person's foster child;
b the foster child of any member of the person's family;
and references to a family relationship and family member are to be construed accordingly.

54 Devolution: alignment

I219I1931 The Secretary of State may, by order, make such provision (including provision amending any enactment contained in or made under any Act, including this Act) as he thinks necessary or expedient in consequence of or having regard to any relevant Scottish legislation or relevant Northern Ireland legislation.
I219I1932 An order may—
F92a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b confer power to make subordinate legislation (within the meaning given by the Interpretation Act 1978 (c. 30)).
I13 Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks—
a corresponds to provision made by or under this Act,
F137b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
c affects the operation of any provision made by or under this Act.
I14 Relevant Northern Ireland legislation is any provision of such legislation which the Secretary of State thinks—
a corresponds to provision made by or under this Act
F356b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
c affects the operation of any provision made by or under this Act.
F91I15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55 Northern Ireland

An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act—
a is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
b is subject to annulment in pursuance of a resolution of either House of Parliament.

I1956 Devolution: Wales

F1561 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to any function of the Welsh Ministers to which the provision applies, or would apply in consequence of the exercise of the power, the Secretary of State must not exercise the power without the consent of the Welsh Ministers—
a section 45(9);
b section 46(2);
F78c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d section 48(7) F318... ;
e section 49(7) F318... .
3 If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to Wales, the Secretary of State must not exercise the power unless he first consults the Welsh Ministers—
a section 5(3);
F199b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F199c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F199d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F199e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F199f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g section 35(1);
h section 36(1), (2) or (3);
i section 37(2);
F31j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
k section 40(2);
l section 41(8);
m section 42(2);
F17n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
o section 64(2);
p section 65;
q paragraph 1(1), 2(1), 7(1) or 8(1) of Schedule 3;
r paragraph 2(1)(f) or 7(1)(f) or (g) of Schedule 4;
F288s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F288t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 A power to make subordinate legislation is a power to make regulations or an order.
5 In the application of section 61 to the exercise of a power by the Welsh Ministers by virtue of this section—
a the reference in subsection (2) of that section to either House of Parliament must be taken to be a reference to the National Assembly for Wales;
b the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Assembly.

General

I266I5957 Damages

1 No claim for damages lies in respect of any loss or damage suffered by any person in consequence of—
a the fact that an individual is included in a barred list;
b the fact that an individual is not included in a barred list;
c the provision of F243... information in pursuance of any of sections 35, 36, 37, 39, 40, 41, 42, 45 and 46.
2 Subsection (1)(c) does not apply to the provision of information which is untrue by a person who knows the information is untrue and either—
a he is the originator of the information and he knew at the time he originated the information that it was not true, or
b he causes another person to be the originator of the information knowing, at the time the information is originated, that it is untrue.
3 Nothing in this Act affects section 8 of the Human Rights Act 1998 (c. 42) as it relates to the power of a court to award damages in respect of an unlawful act of a public authority (within the meaning of that Act).

I62I3358 Family and personal relationships

1 This Act does not apply to any activity which is carried out in the course of a family relationship.
2 This Act does not apply to any activity which is carried out—
a in the course of a personal relationship, and
b for no commercial consideration.
3 A family relationship includes a relationship between two persons who—
a live in the same household, and
b treat each other as though they were members of the same family.
4 A personal relationship is a relationship between or among friends.
5 A friend of a person (A) includes a person who is a friend of a member of A's family.
I26 The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—
a carried out in the course of a family relationship;
b carried out in the course of a personal relationship.

F26459 Vulnerable adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I268I2560 Interpretation

I288I321 In this Act—
  • “ adult ” means a person who has attained the age of 18;
  • “the adults' barred list” must be construed in accordance with section 2(1)(b);
  • “barred list” means the children's barred list or the adults' barred list;
  • “child” means a person who has not attained the age of 18;
  • “the children's barred list” must be construed in accordance with section 2(1)(a);
  • “DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;
  • “educational institution” includes any training provider (within the meaning of Part 3 of the Education Act 2005 (c. 18)), whether or not the training provider would otherwise be regarded as an institution;
  • “employment agency” and “employment business” must be construed in accordance with the Employment Agencies Act 1973 (c. 35);
  • “personnel supplier” means—
    1. a person carrying on an employment agency or an employment business, or
    2. an educational institution which supplies to another person a student who is following a course at the institution, for the purpose of enabling the student to obtain experience of engaging in regulated F38... activity;
  • “prescribed” means prescribed by regulations made by the Secretary of State;
  • “supervisory authority” must be construed in accordance with section 45(7);
  • “vulnerable adult” means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 4 is provided.
2 A reference (however expressed) to a person being barred must be construed in accordance with section 3.
F2463 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I324 Nothing in this Act affects any power to provide information that exists apart from this Act.

I121I131I20561 Orders and regulations

1 Any power under this Act to make orders or regulations is exercisable by statutory instrument.
2 Subject to subsections (3) and (4), orders or regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament.
3 An instrument containing provision made—
a by order under section 5(3),
F267b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F267c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F267d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F267e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f by order under section 54(1) if it contains provision amending any Act or confers power to make subordinate legislation,
g under section 64(3),
h in regulations prescribing criteria for the purpose of paragraph 1, 2, 7 or 8 of Schedule 3, or
i by order under paragraph 6 or 12 of Schedule 3, F346...
F346j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.
4 Subsection (2) does not apply to an order made under section 65, including such an order which contains provision made under section 64 (except subsection (3) of that section).
5 A power to make an order or regulations may be exercised so as to make different provision for different purposes.

I98I26562 Transitional provision

Schedule 8 has effect.

I87I240C12C19C2363 Amendments and repeals

I203I291I183I191I2221 Schedule 9 contains amendments.
I89I102 Schedule 10 contains repeals.

I12564 Supplementary, incidental, consequential &c. provision

1 Power to make subordinate legislation under this Act includes power to make—
a such supplementary, incidental or consequential provision, or
b such transitory, transitional or saving provision,
as the person making the subordinate legislation thinks necessary or expedient.
2 The Secretary of State may by order may make such further provision as he considers appropriate—
a for the general purposes, or any particular purpose, of this Act;
b in consequence of any provision made by this Act;
c for giving full effect to this Act or any provision made by it.
3 Subordinate legislation under subsection (1) or (2) may amend, repeal, revoke or otherwise modify any enactment (including this Act).
4 References in this section to subordinate legislation are to an order or regulations under this Act.
5 Nothing in this Act affects the generality of the power conferred by this section.

65 Commencement

This Act (except this section and section 55) comes into force on such day as the Secretary of State appoints by order.

I18966 Extent

1 Subject to subsections (2) to (4), the preceding provisions of this Act extend only to England and Wales.
2 Sections 1, 28, 29 and 55 and Schedule 1 and, so far as relating to those provisions, sections 59 to 61 and 65 also extend to Northern Ireland.
3 The amendment of an enactment in Schedule 9 has the same extent as the enactment amended, but the amendments made by paragraph 14 of that Schedule do not extend to Scotland.
4 Her Majesty may by Order in Council direct that this Act extends, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

I22967 Short title

This Act may be cited as the Safeguarding Vulnerable Groups Act 2006.

SCHEDULES

SCHEDULE 1 

Independent Safeguarding Authority

Section 1

Membership

I178I2861
1 ISA shall consist of—
a a chairman;
b such number of other members as the Secretary of State decides.
2 The chairman and other members—
a are to be appointed by the Secretary of State;
b must appear to the Secretary of State to have knowledge or experience of any aspect of child protection or the protection of vulnerable adults.

Tenure of office

I11I1452
1 The chairman and members hold and must vacate office as such in accordance with the terms of their respective appointments.
2 The appointment of a person to hold office is for a term not exceeding five years.
3 A person holding office may at any time resign that office by giving notice in writing to the Secretary of State.
4 The Secretary of State may by notice in writing remove a person from office if satisfied that any of the following applies to him—
a he has, without reasonable excuse, failed, for a continuous period of three months, to carry out his functions;
b he has been convicted (whether before or after his appointment) of a criminal offence;
c he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged;
ca a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
d he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland;
da he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45);
e he has made a composition or arrangement with, or granted a trust deed for, his creditors;
f he has failed to comply with the terms of his appointment;
g he is otherwise unable or unfit to carry out his functions as chairman or member.
5 A person who ceases to be chairman or a member is eligible for re-appointment, except where he is removed from office under sub-paragraph (4).

Remuneration, pension etc. of members

I34I1653
1 ISA must pay to the chairman and each of the other members such remuneration and allowances as may be determined by the Secretary of State.
2 ISA must, if required to do so by the Secretary of State—
a pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or a member, or
b make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
3 If the Secretary of State thinks that there are special circumstances which make it right for a person ceasing to hold office as chairman or a member to receive compensation, ISA must pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.
4 Service as chairman or other member of ISA is included among the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of service are listed) insert at the appropriate place— “ The Independent Safeguarding Authority. ”
5 ISA must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under that Act.

Staff

I185I1264
1 ISA shall have—
a a chief executive;
b such other employees as it may appoint.
2 The chairman may be appointed as chief executive.
3 ISA may make arrangements for persons to be seconded to ISA to serve as members of its staff.
4 A member of a police force on temporary service with ISA shall be under the direction and control of ISA.

Remuneration, pensions etc. of staff

I284I2435
1 ISA must pay to its employees such remuneration and allowances as it may determine.
2 ISA may pay, or make payments in respect of, such pensions, allowances or gratuities to or in respect of its employees or former employees as it may determine.
3 Employment with ISA is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) insert at the appropriate place— “ Employment by the Independent Safeguarding Authority. ”
4 If any person—
a on ceasing to be employed by ISA becomes or continues to be one of its members, and
b was, by reference to his employment, a participant in a scheme under section 1 of that Act,
the Minister for the Civil Service may determine that his service as a member of ISA is to be treated for the purposes of the scheme as if his service as a member were service as an employee of ISA (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3).
5 ISA must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.

Delegation of functions

I103I176
1 ISA may to such extent as it may determine delegate any of its functions to—
a one of its members;
b a member of its staff;
c a committee consisting of some of its members, members of its staff or both members and members of staff.
2 A committee mentioned in sub-paragraph (1)(c) which consists of both members and members of staff must be chaired by a member.
I45I527ISA may to such extent as it may determine delegate any of its functions, other than a core function, to—
a a person who is neither a member nor a member of staff;
b a committee (including a committee which comprises or includes persons who are neither members nor members of staff).
I283I398A core function is—
a determining whether it is appropriate for a person to be included in a barred list;
b determining whether to remove a person from a barred list;
c considering representations made for the purposes of Schedule 3.

Reports

I257I2359
1 As soon as possible after the end of each financial year ISA must issue a report on the exercise of its functions during that year.
2 ISA must arrange for the report to be published in such manner as it considers appropriate.
I6I29210The Secretary of State may direct ISA to submit a report to him on any matter regarding the exercise of ISA's functions as may be specified in the direction.

Funding

I281I21111The Secretary of State may make payments to ISA of such amounts, at such times and on such conditions (if any) as he thinks appropriate.

Accounts

I43I20812
1 ISA must keep its accounts in such form as the Secretary of State determines.
2 ISA must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides.
3 Before the end of the specified period following the end of each financial year to which the annual accounts relate ISA must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General.
4 The Comptroller and Auditor General must—
a examine, certify and report on the annual accounts;
b send a copy of the accounts and of his report to the Secretary of State, who must lay them before each House of Parliament.
5 The financial year is—
a the period starting on the day ISA is established and ending on the next 31st March;
b each succeeding period of 12 months.
6 The specified period is such period as the Secretary of State directs.

Status

I12I6713
1 ISA is not to be regarded—
a as the servant or agent of the Crown, or
b as enjoying any status, immunity or privilege of the Crown.
2 ISA's property is not to be regarded as property of, or property held on behalf of, the Crown.

Payments in connection with maladministration

I136I21514
1 If ISA thinks—
a that action taken by or on behalf of ISA amounts to maladministration, and
b that a person has been adversely affected by the action,
ISA may make such payment (if any) to the person as it thinks appropriate.
2 “Action” includes failure to act.

Incidental powers

I53I17215
1 In connection with the exercise of any of its functions ISA may—
a enter into contracts and other agreements (whether legally binding or not);
b acquire and dispose of property (including land);
c borrow money;
d do such other things as ISA thinks necessary or expedient.
2 The power conferred by sub-paragraph (1)(b) includes accepting—
a gifts of money, and
b gifts or loans of other property,
on such terms as ISA thinks appropriate.
3 But ISA may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the consent of the Secretary of State.
4 Such consent may be given—
a with respect to a particular case or with respect to a class of cases;
b subject to such conditions as the Secretary of State thinks appropriate.

Documents

I111I20116A document purporting to be signed on behalf of ISA shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

SCHEDULE 2 

Transfers to ISA

Section 1

Staff transfer schemes

I1741
1 The Secretary of State may make a scheme (a “staff transfer scheme”) providing—
a for a person employed in the civil service of the state to become an employee of ISA;
b for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with ISA;
c for the transfer to ISA of the rights, powers, duties and liabilities of the Crown under or in connection with his terms of employment;
d for anything done (or having effect as if done) before that transfer by or in relation to the Crown in respect of the terms of employment or the person to be treated as having been done by or in relation to ISA.
2 A staff transfer scheme may provide for a period before a person became an employee of ISA to count as a period during which he was such an employee (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).
3 A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of ISA not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him.
4 A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as having his employment terminated by the operation of the scheme not to be so treated.

Property transfer schemes

I1302
1 The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to ISA of any property, rights or liabilities of the Secretary of State.
2 The things that may be transferred by a property transfer scheme include—
a property, rights and liabilities that could not otherwise be transferred;
b property acquired, and rights and liabilities arising, after the making of the scheme.
3 A property transfer scheme may—
a create interests in, or rights in relation to, anything that is or could be transferred by the scheme;
b impose liabilities in relation to anything that is or could be transferred or created by the scheme;
c apportion property, rights and liabilities;
d provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to ISA;
e make provision about the continuation of legal proceedings.

Schemes: supplementary

I2693A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.

C8SCHEDULE 3 

Barred lists

Section 2

C8Part 1 Children's barred list

Automatic inclusion

I74I75C8C131
I491 This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2 If DBS is satisfied that this paragraph applies to a person, it must include the person in the children’s barred list.

Inclusion subject to consideration of representations

I158I180C8C142
I1841 This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2 Sub-paragraph (4) applies if it appears to DBS that—
a this paragraph applies to a person, and
b the person is or has been, or might in future be, engaged in regulated activity relating to children.
4 DBS must give the person the opportunity to make representations as to why the person should not be included in the children's barred list.
5 Sub-paragraph (6) applies if—
a the person does not make representations before the end of any time prescribed for the purpose, or
b the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
6 If DBS —
a is satisfied that this paragraph applies to the person, and
b has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,
it must include the person in the list.
7 Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
8 If DBS —
a is satisfied that this paragraph applies to the person,
b has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and
c is satisfied that it is appropriate to include the person in the children's barred list,
it must include the person in the list.

Behaviour

I64I282C83
1 This paragraph applies to a person if—
a it appears to DBS that the person —
i has (at any time) engaged in relevant conduct, and
ii is or has been, or might in future be, engaged in regulated activity relating to children, and
b DBS proposes to include him in the children's barred list.
2 DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3 DBS must include the person in the children's barred list if—
a it is satisfied that the person has engaged in relevant conduct,
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 is satisfied that it is appropriate to include the person in the list.
4 This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to.
5 In sub-paragraph (4)—
a the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);
b a disqualification order is an order under section 28, 29 or 29A of that Act.
I514
I471 For the purposes of paragraph 3 relevant conduct is—
a conduct which endangers a child or is likely to endanger a child;
b conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;
c conduct involving sexual material relating to children (including possession of such material);
d conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate;
e conduct of a sexual nature involving a child, if it appears to DBS that the conduct is inappropriate.
I472 A person's conduct endangers a child if he—
a harms a child,
b causes a child to be harmed,
c puts a child at risk of harm,
d attempts to harm a child, or
e incites another to harm a child.
I473 “Sexual material relating to children” means—
a indecent images of children, or
b material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
I474 “Image” means an image produced by any means, whether of a real or imaginary subject.
I555 A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
I476 For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

I24I88C85
1 This paragraph applies to a person if—
a it appears to DBS that the person—
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 DBS proposes to include him in the children's barred list.
2 DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3 DBS must include the person in the children's barred list if—
a it is satisfied that the person falls within sub-paragraph (4),
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 is 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.

Restriction on inclusion

I252I1606
1 DBS must not include a person in the children's barred list—
a only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
I258b if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
I2582 A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of DBS .
I2583 A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.

C8Part 2 Adults' barred list

Automatic inclusion

I132I154C8C47
I1561 This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2 If DBS is satisfied that this paragraph applies to a person, it must include the person in the adults’ barred list.

Inclusion subject to consideration of representations

I280I237C8C78
I1181 This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2 Sub-paragraph (4) applies if it appears to DBS that—
a this paragraph applies to a person, and
b the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.
4 DBS must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list.
5 Sub-paragraph (6) applies if—
a the person does not make representations before the end of any time prescribed for the purpose, or
b the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
6 If DBS —
a is satisfied that this paragraph applies to the person, and
b has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,
it must include the person in the list.
7 Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
8 If DBS —
a is satisfied that this paragraph applies to the person,
b has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
c is satisfied that it is appropriate to include the person in the adults' barred list,
it must include the person in the list.

Behaviour

I135I97C89
1 This paragraph applies to a person if—
a it appears to DBS that the person—
i has (at any time) engaged in relevant conduct, and
ii is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b DBS proposes to include him in the adults' barred list.
2 DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3 DBS must include the person in the adults' barred list if—
a it is satisfied that the person has engaged in relevant conduct,
aa it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b it is satisfied that it is appropriate to include the person in the list.
I28510
I501 For the purposes of paragraph 9 relevant conduct is—
a conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;
b conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;
c conduct involving sexual material relating to children (including possession of such material);
d conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate;
e conduct of a sexual nature involving a vulnerable adult, if it appears to DBS that the conduct is inappropriate.
I502 A person's conduct endangers a vulnerable adult if he—
a harms a vulnerable adult,
b causes a vulnerable adult to be harmed,
c puts a vulnerable adult at risk of harm,
d attempts to harm a vulnerable adult, or
e incites another to harm a vulnerable adult.
I503 “Sexual material relating to children” means—
a indecent images of children, or
b material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
I504 “Image” means an image produced by any means, whether of a real or imaginary subject.
I665 A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
I506 For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

I69I133C811
1 This paragraph applies to a person if—
a it appears to DBS that the person—
i falls within sub-paragraph (4), and
ii is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b DBS proposes to include him in the adults' barred list.
2 DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3 DBS must include the person in the adults' barred list if—
a it is satisfied that the person falls within sub-paragraph (4),
aa it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b it is 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 vulnerable adult,
b cause a vulnerable adult to be harmed,
c put a vulnerable adult at risk of harm,
d attempt to harm a vulnerable adult, or
e incite another to harm a vulnerable adult.

Restriction on inclusion

I207I18712
1 DBS must not include a person in the adults' barred list—
a only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
I200b if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
I2002 A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of DBS .
I2003 A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

C22C16C8Part 3 Supplementary

Procedure

I290I14713
1 DBS must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list.
2 Sub-paragraph (1) does not, without more, require DBS to give an individual the opportunity to make representations as to why he should not be included in a barred list.
I273I152C814When an individual is included in a barred list DBS must take all reasonable steps to notify the individual of that fact.
I21715
I2781 The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision DBS is required or authorised to take under this Schedule.
I2782 Such provision may include provision as to the time within which anything is to be done.

Representations

I84I244C816
1 A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which DBS intends to rely in taking a decision under this Schedule.
2 Any requirement of this Schedule to give a person an opportunity to make representations does not apply if DBS does not know and cannot reasonably ascertain the whereabouts of the person.
3 The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made.
4 Findings of fact made by a competent body are findings of fact made in proceedings before the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before one of the following bodies or any of its committees—
F269a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b the General Teaching Council for Wales;
c the Council of the Pharmaceutical Society of Great Britain;
d the General Medical Council;
e the General Dental Council;
f the General Optical Council;
g the General Osteopathic Council;
h the General Chiropractic Council;
i the Nursing and Midwifery Council;
j the Health and Care Professions Council;
k the General Social Care Council;
l Social Care Wales
m Social Work England.
4A The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”.
I2025 The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.
I275I71C817
1 This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, DBS was unable to ascertain his whereabouts.
2 This paragraph also applies to such a person if—
a he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and
b DBS grants him permission to make such representations out of time.
3 If a person to whom this paragraph applies makes such representations after the prescribed time—
a DBS must consider the representations, and
b if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.
4 For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.

Review

I23418
I1671 A person who is included in a barred list may apply to DBS for a review of his inclusion.
I1672 An application for a review may be made only with the permission of DBS.
3 A person may apply for permission only if—
I167a the application is made after the end of the minimum barred period, and
I144b in the prescribed period ending with the time when he applies for permission, he has made no other such application.
I1674 DBS must not grant permission unless it thinks—
a that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and
b that the change is such that permission should be granted.
I1675 On a review of a person's inclusion, if DBS is satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application.
I1446 The minimum barred period is the prescribed period beginning with such of the following as may be prescribed—
a the date on which the person was first included in the list;
b the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 is first satisfied;
c where the person is included in the list on the grounds that he has been convicted of an offence in respect of which a custodial sentence (within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or section 222 of the Sentencing Code ) was imposed, the date of his release;
d the date on which the person made any representations as to why he should not be included in the list.
18A
1 Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to—
a a review under paragraph 18, or
b an application under that paragraph,
which has not yet been determined.
2 DBS may, at any time, review the person's inclusion in the list.
3 On any such review, DBS may remove the person from the list if, and only if, it is satisfied that, in the light of—
a information which it did not have at the time of the person's inclusion in the list,
b any change of circumstances relating to the person concerned, or
c any error by DBS ,
it is not appropriate for the person to be included in the list.

Information

I247I40C8C3C2C619
1 DBS may require—
a any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies or appears to apply;
I13b any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs applies or appears to apply;
c the relevant chief officer to provide to it any such relevant information;
F133d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records reasonably believes to be relevant in relation to the regulated activity concerned.
3 For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the relevant chief officer reasonably believes to be relevant in relation to the regulated activity concerned.
4 DBS must pay to the appropriate local policing body such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c).
5 For the purpose of deciding under this Schedule whether or not a person is included in a barred list DBS must not take account of relevant police information if the relevant chief officer thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.
6 In sub-paragraph (5) relevant police information is information F189... obtained by DBS in pursuance of sub-paragraph (1)(c) F284....
7 In this paragraph—
  • “caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);
  • “ the relevant chief officer ” means any chief officer of a police force who is identified by DBS for the purposes of this paragraph;
7A Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.
F3018 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I194I190C820
1 The Secretary of State may provide to DBS any information relating to a person which is held by him in connection with his functions under—
a the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal);
b Part 7 of the Care Standards Act 2000 (c. 14);
c sections 142 to 144 of the Education Act 2002 (c. 32).
F2822 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I230I9421 DBS must provide the Secretary of State with the prescribed information relating to a person if—
I76a it includes that person in a barred list;
b it is considering whether to include him in a barred list;
c it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.
I173I146C822 DBS must inform the Scottish Ministers if a person is included in a barred list.
22A DBS may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).
I212I192C823 DBS may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.

Prescribed criteria

I27724
I1101 The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are—
a that a person has been convicted of, or cautioned in relation to, an offence of a specified description;
b that an order of a specified description requiring the person to do or not to do anything has been made against him;
c that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom;
d that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom.
I1102 The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under—
a the law of a country or territory outside England and Wales;
b section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);
c section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
d section 42 of the Naval Discipline Act 1957 (c. 53);
e section 42 of the Armed Forces Act 2006 (c. 52).
I683 The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.
I684 For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—
a any offence committed before he attained the age of 18;
b any order or direction made before that time.
I685 The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of section 2 if the court, having considered whether to make a disqualification order, decided not to.
I686 In sub-paragraph (5)—
a the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);
b a disqualification order is an order under section 28, 29 or 29A of that Act.
I687 For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period.
F1808 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F180I1109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—
a the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and
b the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).
I30I214C825
1 A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 24(1)(a), or which makes an order of a description specified for the purposes of paragraph 24(1)(b), must inform the person at the time he is convicted or the order is made that DBS will or (as the case may be) may include him in the barred list concerned.
2 This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.

SCHEDULE 4 

Regulated Activity

Section 5

C28Part 1 Regulated activity relating to children

Regulated activity: general

I9I102I1141
1 An activity is a regulated activity relating to children if—
a it is mentioned in paragraph 2(1), and
b except in the case of activities falling within sub-paragraph (1A), it is carried out frequently by the same person or the period condition is satisfied.
1A The following activities fall within this sub-paragraph—
a relevant personal care, and
b health care provided by, or under the direction or supervision of, a health care professional.
1B In this Part of this Schedule “ relevant personal care ” means—
a physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition),
b physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with—
i toileting (including in relation to the process of menstruation),
ii washing or bathing, or
iii dressing,
c the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
d the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
e any form of training, instruction, advice or guidance which—
i relates to the performance of the activity of eating or drinking,
ii is given to a child who is in need of it by reason of illness or disability, and
iii does not fall within paragraph (c), or
f any form of training, instruction, advice or guidance which—
i relates to the performance of any of the activities listed in paragraph (b)(i) to (iii),
ii is given to a child who is in need of it by reason of age, illness or disability, and
iii does not fall within paragraph (d).
1C In this Part of this Schedule —
  • “ health care ” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,
  • “ health care professional ” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
1D Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid.
2 An activity is a regulated activity relating to children if—
a it is carried out frequently by the same person or the period condition is satisfied,
b it is carried out in an establishment mentioned in paragraph 3(1),
c it is carried out by a person while engaging in any work falling within sub-paragraph (2A) or (2B),
d it is carried out for or in connection with the purposes of the establishment, and
e it gives that person the opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with children.
2A Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which—
a is undertaken in pursuance of a contract for the provision of occasional or temporary services, and
b is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)).
2B Work falls within this sub-paragraph if it is any form of work which is not for gain, other than—
a any such work which—
i is carried out on a temporary or occasional basis, and
ii is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or
b any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
2C The reference in subsection (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
3 Each of the following, if carried out in England, is a regulated activity relating to children—
a providing early years childminding in respect of which a requirement to register arises by section 33(1) of the Childcare Act 2006 (c. 21) (requirement to register);
b providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register);
c providing early years childminding or later years childminding, if it is provided by a person who is registered by virtue of section 62(1) of that Act (voluntary registration of childminders);
d providing later years childminding for a child who has attained the age of eight, if a requirement to register would arise in respect of that provision by section 52(1) of that Act if the child had not attained that age.
4 Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act.
5 It is a regulated activity relating to children to foster a child (as mentioned in section 53).
6 Each of the following, if carried out in Wales, is a regulated activity relating to children—
a acting as a child minder so as to give rise to a requirement to register under section 21 of the Children and Families (Wales) Measure 2010;
b an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight (or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010).
7 For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with section 19 of the Children and Families (Wales) Measure 2010.
F678 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 The exercise of a function of the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales is a regulated activity relating to children.
9A The exercise of a function so far as the function—
a relates to any of the matters mentioned in sub-paragraph (9B),
b gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, and
c is not a function which falls within sub-paragraph (9C),
is a regulated activity relating to children.
9B The matters in this sub-paragraph are—
F153 a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b the exercise of a power under section 41 or 42 of the Children and Families (Wales) Measure 2010 (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place);
c any step taken in relation to Wales for the purposes of section 87(3) of the Children Act 1989 (welfare of children in boarding schools and colleges);
d an inspection in Wales under section 87(6) of that Act (inspection of boarding school or college);
e any step taken in relation to Wales by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges)—
i for the purposes of an agreement made in accordance with section 87A(2) of that Act, or
ii in order to comply with any requirement imposed on the person under section 87B of that Act;
f an inspection under section F213 ... 18C of the Education Act 1994 (inspection of teacher training);
g an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales);
h an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act);
i an inspection under Part 4 of the Learning and Skills Act 2000 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales);
ia an inspection under section 57, 58, 59, 60 or 63 of the Tertiary Education and Research (Wales) Act 2022 (inspection of further education and training, etc. by Her Majesty’s Chief Inspector of Education and Training in Wales);
j a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);
k a review under section 149B of that Act as applied by section 30 of the Children Act 2004 (review or investigation of the functions of children’s services authorities in Wales);
l an inspection under section 28 of the Education Act 2005 (duty of Her Majesty’s Chief Inspector of Education and Training in Wales to arrange regular inspections of certain schools);
m an inspection under section F335 ... 50 of that Act (inspection of religiousdenominational education);
n an inspection in Wales under section 51 of that Act (power of local education authorities to inspect maintained school for specific purpose);
o an inspection under section 55 of that Act (inspection of careers services in Wales);
F221 p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F221 q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F221 r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F221 s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F221 t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9C The exercise of a function to which sub-paragraph (10) applies so far as the function—
a relates to the inspection of an establishment mentioned in paragraph 3(1), and
b gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,
is a regulated activity relating to children.
10 This sub-paragraph applies to a function of—
F351a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b HM Chief Inspector of Education and Training in Wales;
ba a body approved under section 106 of the Education and Skills Act 2008 (bodies approved to inspect registered independent educational institutions in England);
C5c a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school in Wales ;
F233d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F233e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F118f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g the Welsh Ministers.
11 The exercise of a function of the Welsh Ministers so far as the function—
a relates to the inspection of an establishment, agency , service provider or body falling within sub-paragraph (12), and
b gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,
is a regulated activity relating to children.
12 An establishment, agency , service provider or body falls within this sub-paragraph if it is—
a an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14),
b an agency in relation to which such a requirement arises, F368...
ba a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,
c an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),
and it provides any form of treatment or therapy for children.
F32112A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 In sub-paragraph (12)(c) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).
F22613A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1), (2), (9A), (9C) or (11) is a regulated activity relating to children.
15 Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.

Activities

I117I120I232
1 The activities referred to in paragraph 1(1) are—
a any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children;
b any form of care for or supervision of children, unless the care or supervision is merely incidental to care for or supervision of persons who are not children;
c any form of advice or guidance provided wholly or mainly for children, if the advice or guidance relates to their physical, emotional or educational well-being;
F55d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children;
I112f driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.
2 Sub-paragraph (1)(a), (b) and (c) do not include—
a teaching, training or instruction provided to a child in the course of his employment;
b care for or supervision of a child in the course of his employment;
c advice or guidance provided for a child in the course of his employment;
F202d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Sub-paragraph (2) does not apply if—
a the child has not attained the age of 16, and
b the activity is carried out by a person in respect of whom arrangements exist principally for that purpose.
3A Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
3B Sub-paragraph (1)(b)—
a does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and
b does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
3C The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
3D Sub-paragraph (1)(c) does not include any legal advice.
4 For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting children, he has any function relating to—
a monitoring the content of matter which forms any part of the service,
b removing matter from, or preventing the addition of matter to, the service, or
c controlling access to, or use of, the service.
5 But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—
a access to the content of the matter;
b contact with users of the service.
6 In sub-paragraph (2) employment includes any form of work which is carried out under the supervision or control of another, whether or not the person carrying it out is paid for doing so.

Establishments

I3I260I2323
1 The establishments referred to in paragraph 1(2) and (9C) are—
a an educational institution which is exclusively or mainly for the provision of full-time education to children;
aa a school falling within section 19(2) or (2B) 19(2B) or 19A(2) of the Education Act 1996 (pupil referral units etc ) which does not fall within sub-paragraph (1)(a);
ab an alternative provision Academy which does not fall within paragraph (a);
b an establishment which is exclusively or mainly for the provision of nursery education (within the meaning of section 117 of the School Standards and Framework Act 1998 (c. 31));
F231c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d an institution which is exclusively or mainly for the detention of children;
da premises in Wales at which a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided;
e a children's home in England (within the meaning of section 1 of the Care Standards Act 2000 (c. 14));
ea premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to children;
f a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41);
fa a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);
g relevant childcare premises.
2 Relevant childcare premises are any part of premises on which a person carries on—
a any form of childcare (within the meaning of section 18 of the Childcare Act 2006 (c. 21)) in respect of which he must be registered under that Act;
b any form of such childcare in respect of which he may be registered under that Act, whether or not he is so registered;
c any form of child minding or day care (within the meaning of section 19 of the Children and Families (Wales) Measure 2010) in respect of which he must be registered under that Act.
3 But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided.
4 For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.
5 “Parental responsibility” has the same meaning as in the Children Act 1989.

F293...

F2934. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I287I35I1695A person who is part of a group in relation to which another (P) engages in regulated activity relating to children does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this paragraph, would amount to engaging in regulated activity relating to children.

Guidance

5A
1 The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children.
2 Before giving guidance under this paragraph, the Secretary of State must consult the Welsh Ministers.
3 The Secretary of State must publish guidance given under this paragraph.
4 A regulated activity provider or a personnel supplier must, in exercising any functions under this Act, have regard to guidance for the time being given under this paragraph.

Exceptions

I150I38I249I1886The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.

Part 2 Regulated activity relating to vulnerable adults

I168I90I567
1 Each of the following is a regulated activity relating to vulnerable adults—
a the provision to an adult of health care by, or under the direction or supervision of, a health care professional,
b the provision to an adult of relevant personal care,
c the provision by a social care worker of relevant social work to an adult who is a client or potential client,
d the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability,
e any relevant assistance in the conduct of an adult's own affairs,
f the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability,
g such activities—
i involving, or connected with, the provision of health care or relevant personal care to adults, and
ii not falling within any of the above paragraphs,
as are of a prescribed description.
2 Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
3 A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
3A Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid.
3B Relevant personal care means—
a physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with—
i eating or drinking (including the administration of parenteral nutrition),
ii toileting (including in relation to the process of menstruation),
iii washing or bathing,
iv dressing,
v oral care, or
vi the care of skin, hair or nails,
b the prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the activities listed in paragraph (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or
c any form of training, instruction, advice or guidance which—
i relates to the performance of any of the activities listed in paragraph (a),
ii is given to a person who is in need of it by reason of age, illness or disability, and
iii does not fall within paragraph (b).
3C Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and social care worker means a person who is a social care worker by virtue of section 55(2)(a) of that Act.
3CA In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act.
3D Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person—
a managing the person's cash,
b paying the person's bills,
c shopping.
3E Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of—
a a lasting power of attorney created in respect of the person in accordance with section 9 of the Mental Capacity Act 2005,
b an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the person which is—
i registered in accordance with that Schedule, or
ii the subject of an application to be so registered,
c an order made under section 16 of that Act by the Court of Protection in relation to the making of decisions on the person's behalf,
d the appointment of an independent mental health advocate or (as the case may be) an independent mental capacity advocate in respect of the person in pursuance of arrangements under section 130A of the Mental Health Act 1983 or section 35 of the Mental Capacity Act 2005,
e the provision of independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006) in respect of the person, or
f the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration Act 1992.
3EA Relevant assistance in the conduct of a person’s own affairs is also representing or supporting the person in pursuance of arrangements made under section 67 or 68 of the Care Act 2014 (independent advocacy support).
F2514 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1) F3... is a regulated activity relating to vulnerable adults.
6 The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults.
7 An inspection function is a function relating to the inspection of—
a a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act),
b an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000,
c an agency in relation to which such a requirement arises,
d a person to whom Part 2 of that Act applies in pursuance of regulations under section 42 of that Act,
da a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,
e an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003, or
f any person, other than a local authority, providing F51... Welsh local authority social services within the meaning of that section,
in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.
8 In sub-paragraph (7)(e) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).
F1418A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 The exercise of a function of the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales is a regulated activity relating to vulnerable adults.
10 A person who is part of a group in relation to which another (P) engages in regulated activity relating to vulnerable adults does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this sub-paragraph, would amount to engaging in regulated activity relating to vulnerable adults.
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I271I70I209I809The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.

Part 3 The period condition

I246I206I4810
1 The period condition is satisfied if the person carrying out the activity does so at any time on more than three days in any period of 30 days.
2 In relation to an activity that falls within paragraph 2(1)(a), (b) or (c) F242..., the period condition is also satisfied if—
a the person carrying out the activity does so at any time between 2 a.m. and 6 a.m, and
b the activity gives the person the opportunity to have face-to-face contact with children F309... .

F303SCHEDULE 5 

Appropriate verification

Section 11

F303Part 1 Default position

F3031. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3033. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3034. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F303Part 2 Prescribed verification

F3035. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3036. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3037. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F303Part 3 Prescribed verification

F3038. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3039. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F303Part 4 Definitions and power to amend

.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30312A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135SCHEDULE 6 

Employment businesses: failure to check

Section 12

F135Offences

.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135...

.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135...

.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135Power to amend paragraph 2(1)(c)

F1355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F135......

.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 

Barring Information

Section 30

I2421This is the table referred to in sections 30A and 30B—
Column 1Column 2
1. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to childrenChildren
2. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adultsVulnerable adults
F311. . .F311. . .
F311. . .F311. . .
5. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to childrenChildren
6. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adultsVulnerable adults
F20. . .F20. . .
F20. . .F20. . .
9. Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity providerChildren
10. Parent who is considering whether B should be a private foster parent (within the meaning of section 53) in relation to his childChildren
11. Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fosteredChildren

12. Local authority (within the meaning of the Children Act 1989) in the exercise of functions under section 67 of that Act considering whether B is suitable —
  1.  to foster a child privately (within the meaning of that Act);
  2.  to live in premises in which a child is so fostered

Children
13. Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity providerVulnerable adults
14. Person who carries on an adult placement scheme or provides an adult placement service and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme or service Vulnerable adults
15. Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a childChildren
16. Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adultsVulnerable adults
F22. . .Children
18. Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to section F125... 100 of the Apprenticeships, Skills, Children and Learning Act 2009 , section 14 of the Education Act 2002 or section 88(1) or (2), 89(3), 92(1), 97(1) or (7), 103(1) or (2), 104(1)(a) or 136(1) of the Tertiary Education and Research (Wales) Act 2022, if engaging in the activity gives B the opportunity to have contact with childrenChildren
F35. . .F35. . .
19. The DBS in relation to members and employees and prospective members and employees of the DBS Children and vulnerable adults
I1092The Secretary of State may by order amend this Schedule.
3
1 In entries 1 and 5 in the table the reference to regulated activity must be construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 4 if the activity—
a relates to a child who has not attained the age of 16, or
F94b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In entries 1, 5 and 9 in the table the reference to regulated activity includes a reference to an activity which would be a regulated activity if—
a it were carried out frequently, or
b it were not merely incidental to another activity.
F1203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Parental responsibility has the same meaning as in the Children Act 1989 (c. 41).
5A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.
6An adult placement scheme is a scheme—
a under which an individual agrees with the person carrying on the scheme to provide accommodation, in the home in which the individual ordinarily resides, to an adult who is in need of it, and
b in respect of which a requirement to register arises—
i in relation to England, under section 10 of the Health and Social Care Act 2008, F273...
F52ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7An adult placement service, in relation to Wales, has the meaning given in paragraph 6 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

SCHEDULE 8 

Transitional provisions

Section 62

Advice by DBS

I1421 DBS must provide the Secretary of State with such advice as he requests in connection with—
a any decision in relation to the inclusion of a person in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);
b any decision in relation to the inclusion of a person in the list kept under section 81 of the Care Standards Act 2000 (c. 14);
c any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person.

Existing restrictions relating to children

I157I2612
1 This paragraph applies to a person who is—
a included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (individuals considered unsuitable to work with children);
b disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (c. 43);
c subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching etc).
2 The Secretary of State may, by order, make such provision as he thinks appropriate—
a requiring DBS to include the person in the children's barred list;
b requiring DBS to consider including the person in the children's barred list;
c as to circumstances in which the person may make representations to DBS and the time at which such representations may be made;
d modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
e modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with DBS's consideration of any matter relating to the person.
3 An order under this paragraph may contain provision—
F328a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998;
F328c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b).
4 In sub-paragraph (3)(d) “prescribe” means prescribe by regulations made by statutory instrument.
5 Regulations made by virtue of sub-paragraph (3)(c) are subject to annulment in pursuance of a resolution of either House of Parliament.
6 Regulations made by virtue of sub-paragraph (3)(d) are subject to annulment in pursuance of a resolution of the National Assembly for Wales.
7 Sections 61(5) and 64(1) apply to power to make regulations by virtue of sub-paragraph (3)(d) as they apply to power to make regulations under this Act.

Existing restrictions relating to vulnerable adults

I5I263
1 This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (c. 14) (individuals considered unsuitable to work with certain adults).
2 The Secretary of State may, by order, make such provision as he thinks appropriate—
a requiring DBS to include the person in the adults' barred list;
b requiring DBS to consider including the person in the adults' barred list;
c as to circumstances in which the person may make representations to DBS and the time at which such representations may be made;
d modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
e modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with DBS's consideration of any matter relating to the person.

Existing restrictions: supplementary

I220I2564An order under paragraph 2 or 3 may—
a modify any criminal offence created by this Act;
b create any new criminal offence,
but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.

F83...

F835. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 

Amendments

Section 63

Part 1 Existing lists

Children Act 1989 (c. 41)

I1381In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert—
.

Teaching and Higher Education Act 1998 (c. 30)

I83I73I1002The Teaching and Higher Education Act 1998 is amended as follows.
I2723Section 2(4) (advisory functions of General Teaching Council) is omitted.
I814In section 3(3) (eligibility for registration), after paragraph (a) insert—
.
I225
I161I791 Section 15 (supply of information following dismissal etc) is amended as follows.
I253I2932 In subsection (1)—
a in paragraph (a) for “a person's services on a ground mentioned in section 142 of the Education Act 2002” substitute “ the services of a registered teacher on a ground mentioned in subsection (1A) ”;
b in paragraph (b)—
i for “a person's” substitute “ a registered teacher's ”;
ii for “section” substitute “ subsection ”;
iii for “the person” substitute “ the teacher ”.
I253I2933 After subsection (1) insert—
I37I864 In subsection (2)—
a for “a person” substitute “ a teacher ”;
b for the words from “such of the following” to the end substitute “ the Council ”.
5 In subsection (3)—
a for “a person” substitute “ a teacher ”.
b for the words from “such of the following” to the end substitute “ the General Teaching Council for Wales ”.
I253I2936 Omit subsection (4).
I253I2937 In subsection (5) for the definition of “relevant employer” substitute—
.
I636
I254I2621 Section 15A (supply of information by contractor, agency, etc) is amended as follows.
I36I1972 In subsection (1) for “another person (the “worker”)” substitute “ a registered teacher (the “teacher”) ”.
I36I1973 In subsection (2)—
a in paragraph (a) for “section 142 of the Education Act 2002” substitute “ section 15(1A) ”;
b in paragraph (b) for “section” substitute “ subsection ”;
c in paragraph (c)—
i for “worker” substitute “ teacher ”;
ii for “section” substitute “ subsection ”.
I46I314 In subsection (3)—
a for “worker” substitute “ teacher ”;
b for the words from “such of the following” to the end substitute “ the Council ”.
5 In subsection (4)—
a for “worker” substitute “ teacher ”;
b for the words from “such of the following” to the end substitute “ the General Teaching Council for Wales ”.
I36I1976 In subsection (9)—
a for “Subsections (4) and” substitute “ Subsection ”;
b for “they apply” substitute “ it applies ”.
I8I123I2257In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from “of the powers exercisable” to the end substitute “ of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006 ”.

Protection of Children Act 1999 (c. 14)

I2288
1 The Protection of Children Act 1999 is amended as follows.
2 Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted.
3 In section 9 (the Tribunal)—
a in subsection (1), omit the words from “ which shall exercise ” to the end;
b in subsection (2)—
i omit paragraphs (a) and (b);
ii in paragraph (d), for “68, 86, 87 or 88” substitute “ or 68 ”;
iii omit paragraph (e);
c omit subsection (3A).
4 In section 12 (interpretation)—
a in subsection “ (1) ”, omit all the definitions except the definition of “prescribed”;
b omit subsections “ (2) to (3A) ”.

Care Standards Act 2000 (c. 14)

I2279Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted.

Childcare Act 2006

I6110
1 In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert—
.

Part 2 Other amendments

Police Pensions Act 1976 (c. 35)

I5811
1 The Police Pensions Act 1976 is amended as follows.
2 In section 7(2) (persons eligible for police pensions), after paragraph (cf) insert—
.
3 In section 11—
a in subsection (1) (references to membership of a police force etc.), after paragraph (bf) insert—
b in subsection (2) (meaning of “police authority”), after paragraph (f) insert—
c in subsection (3) (meaning of “police force”), in paragraph (b), after “(bf),” insert “ (bg), ”>.

Children Act 1989 (c. 41)

I19812In section 68 of the Children Act 1989 (persons disqualified from being private foster parents) after subsection (3) insert—

Police Act 1996 (c. 16)

I16413
1 Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.
2 In subsection (1) (meaning of “relevant service”), after paragraph (cg) insert—
.
3 In subsections (6)(a) and (8), after “(cg)” insert “ , (ch) ”>.

Police Act 1997 (c. 50)

I129C25C20C1014
I104I271 The Police Act 1997 is amended as follows.
I2762 In section 113A (criminal record certificates) after subsection (6) insert—
I2763 In section 113B (enhanced criminal record certificates), in subsection (2)(b) after “required” insert “ for the purposes of an exempted question asked ”.
I104I274 After section 113B insert—
F190I2765 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F190I2766 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2767 In section 119 (sources of information)—
a in subsection (1), for the words from “his functions” to the end substitute “ a relevant function ”;
b before subsection (2) insert—
;
F16c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d after subsection (7) insert—

Data Protection Act 1998 (c. 29)

I9115
1 The Data Protection Act 1998 is amended as follows.
2 In section 56 (prohibition of requirement as to production of certain records) in the table in subsection (6)—
a in the second column of the entry relating to the Secretary of State, after paragraph (f) insert—
b after the entry relating to the Department of Health and Social Services in Northern Ireland insert—
3 In section 75 (commencement etc.), after subsection (4) insert—

Care Standards Act 2000 (c. 14)

I14816In section 58 of the Care Standards Act 2000, after subsection (3) insert—

I238I60C24C11C27I166I210SCHEDULE 10 

Repeals

Section 63

Short title and chapterExtent of repeal
Children Act 1989 (c. 41)In Schedule 9A, in paragraph 4(2), paragraphs (a) and (b)
Police Act 1997 (c. 50)Sections 113C to 113F
Teaching and Higher Education Act 1998 (c. 30)

Section 2(4)

In section 3(3), paragraph (a)

Section 15(4)

Protection of Children Act 1999 (c. 14)

Sections 1 to 4C and 7

In section 9(1), the words from “which shall exercise” to the end

In section 9(2), paragraphs (a), (b) and (e)

Section 9(3A)

In section 12, all the definitions in subsection (1) except the definition of “prescribed”, and subsections (2) to (3A)

Section 13

Care Standards Act 2000 (c. 14)

Sections 80 to 89, 91 to 99 and 101

In Schedule 4, in paragraph 26, both of the sub-paragraphs numbered (2) and sub-paragraph (4)

Criminal Justice and Court Services Act 2000 (c. 43)

Sections 24 and 26 to 38

In section 42(1), the definition of “disqualification order”

Schedule 4

In Schedule 7, paragraphs 155, 157 and 158

Education Act 2002 (c. 32)

Sections 142 to 144

In Schedule 21, paragraphs 75, 76(b), 86(2), 121, 122(a), 123 and 128

Adoption and Children Act 2002 (c. 38)In Schedule 3, paragraph 94
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Section 189(1) to (3)

In Schedule 9, paragraph 14

Criminal Justice Act 2003 (c. 44)

Section 299

Schedule 30

Children Act 2004 (c. 31)

Section 39

In Schedule 1, paragraph 11

In Schedule 2, paragraphs 6 and 7

Civil Partnership Act 2004 (c. 33)In Schedule 21, paragraph 49A
Constitutional Reform Act 2005 (c. 4)In Schedule 11, paragraph 35
Inquiries Act 2005 (c. 12)In Schedule 2, paragraphs 18 and 19
Serious Organised Crime and Police Act 2005 (c. 15)Schedule 14, paragraph 2
Childcare Act 2006 (c. 21)In section 75(3), paragraphs (a) and (b)

Footnotes

  1. F1
    Sch. 4 para. 8 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(8), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)
  2. F2
    Words in s. 7(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  3. F3
    Words in Sch. 4 para. 7(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(4), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)
  4. F4
    Word in Sch. 8 para. 3(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(h) (with Pt. 4)
  5. I1
    S. 54(3)-(5) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  6. F5
    Words in Sch. 8 para. 2(7) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(5)(c); S.I. 2012/924, art. 2
  7. F6
    Words in Sch. 3 para. 3(1)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(3)(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))
  8. I2
    S. 58(6) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(n)
  9. F7
    S. 7(5)(b)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 47, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  10. I3
    Sch. 4 para. 3 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  11. F8
    Words in s. 41(7) Table substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 47(l); S.I. 2019/1436, reg. 2(s)
  12. F9
    Word in s. 33(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(c) (with Pt. 4)
  13. F10
    Words in s. 47 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(2)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  14. F11
    Words in s. 5(4) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 45(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  15. I4
    S. 41(1)(5)(7)(8) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  16. F12
    Words in Sch. 4 para. 1(9B)(n) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(ix), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  17. F13
    S. 45(7)(aa) inserted (23.4.2010) by The Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) Order 2010 (S.I. 2010/1073), arts. 1(2), 2
  18. C1
    S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(6)
  19. F14
    Word in s. 48(1)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(3)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  20. F15
    Words in Sch. 4 para. 1(9B)(k) substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 28(c); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
  21. F16
    Sch. 9 para. 14(7)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  22. F17
    S. 56(3)(n) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(4)(e), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iii)
  23. I5
    Sch. 8 para. 3 in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(h)
  24. I6
    Sch. 1 para. 10 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  25. I7
    S. 49(6) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(l)
  26. I8
    Sch. 9 para. 7 in force at 17.12.2008 for specified purposes for E. by S.I. 2008/3204, art. 2(b)(vii)
  27. I9
    Sch. 4 para. 1 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  28. F18
    S. 47(2)(b)-(e) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(2)(c), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  29. I10
    S. 63(2) in force at 17.6.2013 for specified purposes by S.I. 2012/2231, art. 4(a) (see S.I. 2013/1180, art. 2(b))
  30. F19
    Word in s. 41 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(1)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
  31. I11
    Sch. 1 para. 2 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  32. I12
    Sch. 1 para. 13 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  33. F20
    Sch. 7 para. 1 entries 7, 8 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 73(2)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  34. I13
    Sch. 3 para. 19(1)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)
  35. I14
    S. 2(2)(3) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(a)
  36. F21
    Words in Sch. 1 heading substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(ii), 116(5)(a)
  37. I15
    S. 40 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(f)
  38. I16
    S. 29 in force at 20.1.2009 by S.I. 2009/39, art. 2(1)(d)
  39. F22
    Sch. 7 para. 1 entry 17 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 73(2)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  40. I17
    Sch. 1 para. 6 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  41. I18
    S. 38 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  42. I19
    S. 56 in force at 31.12.2007 by S.I. 2007/3545, art. 2(e)
  43. I20
    S. 46 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(i)
  44. F23
    Sch. 4 para. 3(1)(fa) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 200, 269(2)
  45. C2
    Sch. 3 para. 19 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Jersey) Order 2025 (S.I. 2025/825), arts. 1(1), 2, Sch.
  46. F24
    Words in Sch. 3 para. 16(4) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(4)(a); S.I. 2012/924, art. 2
  47. I21
    S. 43(3)-(5) in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(h)
  48. I22
    Sch. 9 para. 5 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  49. I23
    Sch. 4 para. 2 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  50. I24
    Sch. 3 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  51. I25
    S. 60 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  52. I26
    Sch. 8 para. 3 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(q)
  53. F25
    Word in s. 48(8) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(f) (with Pt. 4)
  54. F26
    Word in Sch. 3 para. 22 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(i) (with Pt. 4)
  55. I27
    Sch. 9 para. 14(1)(4) in force at 12.10.2009 for E.W. in so far as not already in force by S.I. 2009/2610, art. 2(a) (with arts. 4-23)
  56. F27
    Sch. 3 para. 7(2) substituted for Sch. 3 para. 7(2)(3) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 58 (with Pt. 4)
  57. F28
    Word in s. 50A substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(e) (with Pt. 4)
  58. I28
    S. 45(1)(5)(7)(9) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  59. F29
    Sch. 4 para. 3(1)(aa) inserted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 4(b)
  60. F30
    Word in s. 4 inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(a)
  61. F31
    S. 56(3)(j) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(4)(c), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iii)
  62. F32
    Word in s. 49(1) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(g) (with Pt. 4)
  63. F33
    S. 19(6)(7) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 59(4), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  64. I29
    S. 42 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(g)
  65. I30
    Sch. 3 para. 25 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  66. F34
    S. 12 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 52, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  67. F35
    Sch. 7 para. 1 entry 19 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 72(4), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(i)(bb)
  68. I31
    Sch. 9 para. 6(4) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(e)
  69. F36
    Words in s. 50(3) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(5)(b)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  70. I32
    S. 60(1)(4) in force at 11.2.2008 for specified purposes for E.W. by S.I. 2007/3545, art. 4(p)
  71. I33
    S. 58 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  72. C3
    Sch. 3 para. 19 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 (S.I. 2025/827), arts. 1(1), 2, Sch.
  73. I34
    Sch. 1 para. 3 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  74. I35
    Sch. 4 para. 5 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  75. F37
    Words in Sch. 4 para. 1(9) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  76. F38
    Words in s. 60(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 70(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  77. I36
    Sch. 9 para. 6(2)(3)(6) in force at 17.12.2008 for specified purposes for E. by S.I. 2008/3204, art. 2(b)(iv)
  78. I37
    Sch. 9 para. 5(4) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(ii)
  79. F39
    Words in s. 7(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  80. F40
    Sch. 3 para. 25(1): Sch. 3 para. 25 renumbered as Sch. 3 para. 25(1) (13.11.2008) by The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008 (S.I. 2008/3050), arts. 1(1), 3(2)
  81. F41
    Words in Sch. 4 para. 1(14) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(h), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  82. I38
    Sch. 4 para. 6 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  83. F42
    Word in s. 48(1) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(f) (with Pt. 4)
  84. I39
    Sch. 1 para. 8 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  85. F43
    Words in s. 6(8)(d) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 46(c)(ii) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  86. F44
    Words in Sch. 3 para. 25(1) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 72(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(iv)
  87. F45
    Sch. 3 para. 16(4)(m) inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 35; S.I. 2019/1436, reg. 2(s)
  88. F46
    Sch. 3 para. 16(4A) inserted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 55(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
  89. F47
    Sch. 1 para. 2(4)(da) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 58(3) (with arts. 5, 6)
  90. I40
    Sch. 3 para. 19 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  91. I41
    S. 41(2)-(4)(6) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  92. F48
    S. 45(7)(aza)(azb) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(3); S.I. 2012/924, art. 2
  93. I42
    S. 52 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  94. F49
    Words in Sch. 2 para. 2 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)
  95. F50
    Sch. 4 para. 2(3A)-(3D) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  96. I43
    Sch. 1 para. 12 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  97. C4
    Sch. 3 para. 7 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(4)
  98. I44
    S. 5 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  99. I45
    Sch. 1 para. 7 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  100. F51
    Words in Sch. 4 para. 7(7)(f) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(5), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)
  101. F52
    Sch. 7 para. 6(b)(ii) omitted (29.4.2019) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 28(b)(ii)
  102. F53
    Sch. 3 para. 5(3)(aa) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) 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))
  103. F54
    Word in Sch. 7 para. 1 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(g) (with Pt. 4)
  104. I46
    Sch. 9 para. 6(4) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(v)
  105. I47
    Sch. 3 para. 4(1)-(4)(6) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  106. F55
    Sch. 4 para. 2(1)(d) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(a), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  107. F56
    S. 19(8)(b)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 59(5)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  108. I48
    Sch. 4 para. 10 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  109. I49
    Sch. 3 para. 1(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)
  110. F57
    S. 4(1)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  111. I50
    Sch. 3 para. 10(1)-(4)(6) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  112. F58
    Sch. 4 para. 1(10)(ba) inserted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 41(3); S.I. 2014/3364, art. 2(z)
  113. F59
    Word in s. 43(5F) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(d) (with Pt. 4)
  114. I51
    Sch. 3 para. 4 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  115. F60
    Words in s. 18(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(2)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  116. I52
    Sch. 1 para. 7 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  117. F61
    Words in Sch. 4 para. 10(2) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(10), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  118. F62
    Words in s. 45(4)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  119. F63
    Words in s. 19(10) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  120. C5
    Sch. 4 para. 1(10)(c) modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 29
  121. F64
    Words in s. 4(1)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(c) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  122. F65
    S. 13 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 53, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  123. F66
    Words in s. 56(3)(r) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(4)(f) (with s. 97); S.I. 2012/2234, art. 2(aa)(iii)
  124. F67
    Sch. 4 para. 1(8) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(b), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  125. I53
    Sch. 1 para. 15 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  126. I54
    S. 39(1)(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(l)
  127. I55
    Sch. 3 para. 4(5) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  128. I56
    Sch. 4 para. 7 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  129. F68
    S. 17 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 57, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  130. I57
    S. 3(1)(2)(a) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  131. I58
    Sch. 9 para. 11 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  132. I59
    S. 57 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(j)
  133. I60
    Sch. 10 in force at 12.10.2009 for specified purposes by S.I. 2009/2610, art. 2(b) (with arts. 4-23)
  134. C6
    Sch. 3 para. 19 extended (Isle of Man) (with modifications) (10.7.2025) by The Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025 (S.I. 2025/824), arts. 1(1), 2, Sch.
  135. I61
    Sch. 9 para. 10 in force at 19.5.2008 by S.I. 2008/1320, art. 2(d)
  136. F69
    Word in Sch. 3 paras. 13-21 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(vii) (with Pt. 4)
  137. F70
    S. 20(2)-(7) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 60, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  138. F71
    Sch. 4 para. 7(1)-(3E) substituted for Sch. 4 para. 7(1)-(3) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(2), 120 (with s. 97); S.I. 2012/2234, art. 2(c) (with art. 4)
  139. F72
    Sch. 3 para. 19(7A) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(6) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)
  140. F73
    S. 35(1)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 61(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  141. I62
    S. 58 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(n)
  142. F74
    Definition in Sch. 3 para. 19(7) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(5) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)
  143. F75
    Words in Sch. 3 para. 16(4)(l) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 55(a); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
  144. I63
    Sch. 9 para. 6 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  145. F76
    S. 11 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 51, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  146. F77
    Sch. 7 para. 1 new entry 19 inserted (10.9.2012) by The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012 (S.I. 2012/2113), arts. 1(2), 8
  147. F78
    S. 56(2)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(3)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iii)
  148. I64
    Sch. 3 para. 3 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  149. F79
    Word in s. 47(7) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(2)(f), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  150. F80
    Sch. 3 para. 24(10) inserted (13.11.2008) by The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008 (S.I. 2008/3050), arts. 1(1), 2(3)
  151. I65
    S. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  152. I66
    Sch. 3 para. 10(5) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  153. F81
    Words in Sch. 4 para. 1(10) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 3(3)
  154. F82
    Sch. 3 para. 9(3)(aa) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(7)(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))
  155. I67
    Sch. 1 para. 13 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  156. F83
    Sch. 8 para. 5 and cross-heading repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 74, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  157. I68
    Sch. 3 para. 24(3)-(7) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  158. I69
    Sch. 3 para. 11 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  159. I70
    Sch. 4 para. 9 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  160. F84
    Words in s. 4(1)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(b)(iii) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  161. I71
    Sch. 3 para. 17 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  162. I72
    S. 50 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(j)
  163. F85
    Words in Sch. 4 para. 7(9) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(7), 120 (with s. 97); S.I. 2012/2234, art. 2(c) (with art. 4)
  164. F86
    Word in s. 50A heading inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 65(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  165. F87
    Words in Sch. 2 para. 1 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)
  166. I73
    Sch. 9 para. 2 in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(l)(3)(h)
  167. F88
    Words in Sch. 7 para. 2 substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 72(5), 120 (with s. 97); S.I. 2012/2234, art. 2(i)
  168. F89
    Word in s. 47(7) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(e) (with Pt. 4)
  169. F90
    Words in s. 56(2)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(3)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(iii)
  170. C7
    Sch. 3 para. 8 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(5)
  171. F91
    S. 54(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 67(5), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  172. F92
    S. 54(2)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 67(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  173. F93
    S. 50(4)(5) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(5)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  174. F94
    Sch. 7 para. 3(1)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 72(6), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(i)(bb)
  175. I74
    Sch. 3 para. 1 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  176. I75
    Sch. 3 para. 1 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  177. I76
    Sch. 3 para. 21(a) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  178. I77
    S. 50 in force at 22.6.2009 for specified purposes by S.I. 2009/1503, art. 3
  179. C8
    Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5
  180. F95
    Words in s. 37(4) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  181. F96
    Word in s. 39 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  182. F97
    Words in Sch. 7 para. 1 inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 28(a)(i)
  183. I78
    S. 47(6) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(j)
  184. F98
    Word in s. 48(8) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(3)(f), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  185. I79
    Sch. 9 para. 5(1) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(l)(3)(c)
  186. I80
    Sch. 4 para. 9 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  187. F99
    S. 44 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(6), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(l)(bb)
  188. I81
    Sch. 9 para. 4 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  189. I82
    S. 3(2)(b)(3)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(a)
  190. F100
    Words in s. 19(8) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 59(5)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  191. I83
    Sch. 9 para. 2 in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(c)
  192. I84
    Sch. 3 para. 16 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  193. F101
    Word in Sch. 3 para. 19(3) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)
  194. I85
    S. 2(4) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)
  195. F102
    Word in s. 30(8) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 254(i)
  196. I86
    Sch. 9 para. 5(4) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(b)
  197. I87
    S. 63 in force at 12.10.2009 for specified purposes by S.I. 2009/2610, art. 2(c) (with arts. 4-23)
  198. I88
    Sch. 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)
  199. F103
    Words in Sch. 4 para. 1(10)(g) substituted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 30(c)
  200. F104
    S. 15 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 55, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  201. F105
    Sch. 3 para. 8(2)-(8) substituted for Sch. 3 para. 8(2)-(4) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(6), 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))
  202. F106
    Word in Sch. 3 para. 25 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(ix) (with Pt. 4)
  203. F107
    Words in s. 6(8E) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 150(a); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  204. F108
    Words in Sch. 3 para. 19(2)(3) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(g)
  205. I89
    S. 63(2) in force at 30.3.2010 for specified purposes by S.I. 2010/1101, art. 5
  206. F109
    S. 6(8)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 46(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  207. F110
    Words in s. 43(5E) omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 54 (with Pt. 4)
  208. I90
    Sch. 4 para. 7 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  209. C9
    S. 28 extended (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 6-8)
  210. F111
    Words in Sch. 3 para. 19(5) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)
  211. F112
    Sch. 3 para. 2(2) substituted for Sch. 3 para 2(2)(3) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 57 (with Pt. 4)
  212. F113
    Words in Sch. 3 para. 9(3)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(7)(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))
  213. I91
    Sch. 9 para. 15 in force at 19.5.2008 by S.I. 2008/1320, art. 3
  214. F114
    Words in Sch. 3 para. 19(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 361; S.I. 2011/3019, art. 3, Sch. 1
  215. I92
    S. 45(9) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(i)
  216. I93
    S. 7 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  217. F115
    Word in Sch. 3 para. 23 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(viii) (with Pt. 4)
  218. I94
    Sch. 3 para. 21 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)
  219. F116
    S. 49(1)(c) and preceding word repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(a)(v), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  220. F117
    S. 8 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 48, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  221. I95
    S. 51 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  222. I96
    S. 40(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(m)
  223. F118
    Sch. 4 para. 1(10)(f) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 92(2)(b), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(bb), 36
  224. F119
    S. 9(5)(b)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 49, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  225. F120
    Sch. 7 para. 3(3) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 73(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  226. I97
    Sch. 3 para. 9 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  227. I98
    S. 62 in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(h)
  228. F121
    Word in s. 48(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(f) (with Pt. 4)
  229. F122
    S. 14 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 54, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  230. C10
    Sch. 9 para. 14 extended (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 1(5), 6-8)
  231. I99
    S. 41(1)(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(n)
  232. I100
    Sch. 9 para. 2 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  233. I101
    S. 38 in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(e)(2)
  234. F123
    S. 19(9) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 59(6), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  235. I102
    Sch. 4 para. 1 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  236. I103
    Sch. 1 para. 6 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  237. I104
    Sch. 9 para. 14(1)(4) in force at 22.6.2009 for specified purposes by S.I. 2009/1503, art. 2(a)
  238. F124
    Word in s. 43(5C) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(d) (with Pt. 4)
  239. I105
    S. 2 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  240. I106
    S. 48(7)(8) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(t)
  241. I107
    S. 46(1)(a)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(r)
  242. I108
    S. 6 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(c)
  243. I109
    Sch. 7 para. 2 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(s)
  244. I110
    Sch. 3 para. 24(1)(2)(9) in force at 31.12.2007 by S.I. 2007/3545, art. 2(k)
  245. F125
    Words in Sch. 7 para. 1 omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 38(a); S.I. 2012/924, art. 2
  246. I111
    Sch. 1 para. 16 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  247. F126
    Sch. 3 para. 1(2) substituted for Sch. 3 para. 1(2)(3) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 56 (with Pt. 4)
  248. I112
    Sch. 4 para. 2(1)(f) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(w)
  249. F127
    Words in s. 50(3)(b) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(5)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  250. F128
    Sch. 4 para. 1(9A)-(9C) inserted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 3(2)
  251. F129
    Words in Sch. 8 para. 2(4) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(5)(b); S.I. 2012/924, art. 2
  252. F130
    Words in s. 50(2) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(5)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  253. F131
    S. 6(8CA) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 253(b)
  254. F132
    Words in s. 30(8) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 86 (with arts. 1(3), 3)
  255. I113
    S. 31(6) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(e)
  256. F133
    Sch. 3 para. 19(1)(d) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(iii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)
  257. F134
    Word in s. 39(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(n)(bb)
  258. I114
    Sch. 4 para. 1 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  259. F135
    Sch. 6 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 52, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  260. F136
    Words in Sch. 3 para. 3(3)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(3)(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))
  261. I115
    S. 50 in force at 22.4.2010 for specified purposes by S.I. 2010/1101, art. 4
  262. I116
    S. 47(7) in force at 10.9.2012 in so far as not already in force by S.I. 2012/2231, art. 2(d)
  263. I117
    Sch. 4 para. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  264. C11
    Sch. 10 extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), art. 4reg. 1(2), Sch. 2, Sch. 3 (with arts. 1(4), 6-8)
  265. I118
    Sch. 3 para. 8(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)
  266. I119
    S. 4(8) in force at 31.12.2007 by S.I. 2007/3545, art. 2(d)
  267. I120
    Sch. 4 para. 2 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  268. I121
    S. 61 in force at 31.12.2007 by S.I. 2007/3545, art. 2(g)
  269. I122
    S. 36(1)(2)(3) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(j)
  270. F137
    S. 54(3)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 67(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  271. I123
    Sch. 9 para. 7 in force at 20.1.2009 for E. so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(g)
  272. I124
    S. 1 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  273. F138
    Word in s. 49(8) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(g) (with Pt. 4)
  274. I125
    S. 64 in force at 31.12.2007 by S.I. 2007/3545, art. 2(i)
  275. I126
    Sch. 1 para. 4 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  276. F139
    S. 19(3)(4) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 59(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  277. F140
    Words in s. 18(2) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(3)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  278. F141
    Sch. 4 para. 7(8A) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(6), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)
  279. I127
    S. 6 in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(e)(2)
  280. F142
    Words in s. 2 omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 4 (with Pt. 4)
  281. I128
    S. 45(7) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(h)
  282. F143
    Words in Sch. 7 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 73(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(iv)
  283. F144
    Words in s. 41(7) Table substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 15(a); S.I. 2010/1621, art. 2(1), Sch.
  284. I129
    Sch. 9 para. 14 in force at 12.10.2009 for N.I. by S.I. 2009/2611, art. 2, Sch.
  285. I130
    Sch. 2 para. 2 in force at 2.1.2008 by S.I. 2007/3545, art. 3
  286. F145
    Word in s. 61(3)(h) inserted (E.W.) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 71(b) (with s. 97); S.I. 2012/2234, art. 2(aa)(iv)
  287. C12
    S. 63 extended (Guernsey) (with modifications) (10.12.2009) by Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), art. 4, Sch. 2, Sch. 3 (with arts. 6-8)
  288. I131
    S. 61 in force at 31.3.2008 for specified purposes for N.I. by S.I. 2008/930, art. 2(b)
  289. F146
    Words in Sch. 3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)
  290. I132
    Sch. 3 para. 7 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  291. I133
    Sch. 3 para. 11 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  292. I134
    S. 9 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  293. F147
    Words in s. 30(8) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 254(ii)
  294. I135
    Sch. 3 para. 9 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  295. F148
    Words in Sch. 3 para. 18(6)(c) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 260 (with Sch. 27); S.I. 2020/1236, reg. 2
  296. I136
    Sch. 1 para. 14 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  297. F149
    Word in s. 50(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(h) (with Pt. 4)
  298. F150
    S. 50A(3)(c)-(m) inserted (20.3.2025) by The Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025 (S.I. 2025/365), arts. 1(1), 2(2)(b)
  299. I137
    S. 53 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(i)
  300. F151
    S. 45(7)(ea) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009 (S.I. 2009/1797), arts. 1(1), 6
  301. I138
    Sch. 9 para. 1 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  302. F152
    Word in s. 45(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(m)(bb)
  303. I139
    S. 50 in force at 10.9.2012 in so far as not already in force by S.I. 2012/2231, art. 2(e)
  304. I140
    S. 19(2)(5)(10) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  305. I141
    S. 6 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  306. F153
    Sch. 4 para. 1(9B)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(i), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  307. I142
    Sch. 8 para. 1 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(q)
  308. F154
    S. 16 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 56, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  309. F155
    S. 50A(3)(a): semicolon substituted for word and comma (20.3.2025) by The Safeguarding Vulnerable Groups Act 2006 (Amendment) (Provision of Information) Order 2025 (S.I. 2025/365), arts. 1(1), 2(2)(a)
  310. I143
    S. 46 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(h)
  311. I144
    Sch. 3 para. 18(3)(b)(6) in force at 31.12.2007 by S.I. 2007/3545, art. 2(k)
  312. I145
    Sch. 1 para. 2 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  313. F156
    S. 56(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iii)
  314. I146
    Sch. 3 para. 22 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  315. F157
    Words in s. 9(3)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  316. F158
    Words in s. 43 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(5), 120 (with s. 97); S.I. 2012/2234, art. 2(l)
  317. F159
    Sch. 3 para. 25(2) inserted (13.11.2008) by The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008 (S.I. 2008/3050), arts. 1(1), 3(3)
  318. I147
    Sch. 3 para. 13 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  319. I148
    Sch. 9 para. 16 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  320. F160
    Sch. 7 para. 7 inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 28(c)
  321. F161
    Sch. 4 para. 7(3CA) inserted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 56(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
  322. I149
    S. 39(2)-(4)(6)(7) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  323. C13
    Sch. 3 para. 1 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(2)
  324. I150
    Sch. 4 para. 6 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  325. F162
    Word in Sch. 3 para. 22A substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(viii) (with Pt. 4)
  326. F163
    Words in Sch. 3 para. 19(1)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(2) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)
  327. I151
    S. 33(3)(4)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(h)
  328. I152
    Sch. 3 para. 14 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  329. C14
    Sch. 3 para. 2 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(3)
  330. I153
    S. 32(10) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(g)
  331. C15
    Act modified by 1997 c. 50, s. 126(3) (as added) () (12.10.2009) by The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351), art. 1(3), Sch. 7 para. 3 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/304, art. 3(a)
  332. I154
    Sch. 3 para. 7 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  333. F164
    Words in s. 18(2) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(3)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  334. F165
    Ss. 21-23 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 68, 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(e)(bb)
  335. I155
    S. 42 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(g)
  336. F166
    Words in Sch. 3 para. 19(1)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(g)
  337. F167
    Words in s. 45(4)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(b)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  338. F168
    S. 53(7)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 255
  339. C16
    Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)
  340. F169
    Word in s. 39(1) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  341. F170
    Words in s. 49(2) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(b), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  342. C17
    S. 28 extended (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 6-8)
  343. I156
    Sch. 3 para. 7(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)
  344. I157
    Sch. 8 para. 2 in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(h)
  345. F171
    Words in Sch. 7 para. 3(2) substituted (10.9.2012) by The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012 (S.I. 2012/2113), arts. 1(2), 9
  346. F172
    Sch. 4 para. 1(9B)(j) substituted (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 28(b); S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
  347. C18
    S. 28 extended (Guernsey) (with modifications) (10.12.2009) by Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), art. 4, Sch. 2, Sch. 3 (with arts. 6-8)
  348. I158
    Sch. 3 para. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  349. F173
    Word in s. 49(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(g) (with Pt. 4)
  350. F174
    Word in s. 39(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(c), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(n)(bb)
  351. F175
    Words in Sch. 4 para. 3(2)(c) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 25(2)
  352. F176
    Words in s. 39(4)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(b)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  353. I159
    S. 47(7) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(s)
  354. F177
    Words in Sch. 4 para. 1(9B)(c) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  355. I160
    Sch. 3 para. 6 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  356. F178
    S. 48(1)(c) and preceding word repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(3)(a)(v), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  357. F179
    Words in Sch. 3 para. 11(3)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(8)(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))
  358. F180
    Sch. 3 para. 24(8)(9) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 72(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  359. F181
    Words in s. 9(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  360. C19
    S. 63 extended (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 6-8)
  361. F182
    Sch. 3 para. 8(2) substituted for Sch. 3 para. 8(2)(3) (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 59 (with Pt. 4)
  362. I161
    Sch. 9 para. 5(1) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(iii)
  363. F183
    Word in s. 49(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(g) (with Pt. 4)
  364. I162
    S. 1 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  365. I163
    S. 20(1) in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch.
  366. F184
    Words in s. 6 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  367. I164
    Sch. 9 para. 13 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  368. I165
    Sch. 1 para. 3 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  369. I166
    Sch. 10 in force at 30.3.2010 for specified purposes by S.I. 2010/1101, art. 5
  370. I167
    Sch. 3 para. 18(1)(2)(3)(a)(4)(5) in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  371. I168
    Sch. 4 para. 7 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  372. F185
    Words in s. 18(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(2)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  373. F186
    Words in Sch. 3 para. 16(4)(j) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(e); S.I. 2012/1319, art. 2(4)
  374. F187
    Words in Sch. 4 para. 1(9B)(d) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(iv), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  375. I169
    Sch. 4 para. 5 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  376. I170
    S. 37 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(e)
  377. I171
    S. 42(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(o)
  378. F188
    Word in s. 48(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(f) (with Pt. 4)
  379. F189
    Words in Sch. 3 para. 19(6) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(c)(i), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)
  380. F190
    Sch. 9 para. 14(5)(6) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 6 (with s. 97); S.I. 2012/2234, art. 2(cc)
  381. F191
    Word in s. 33(4) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(c) (with Pt. 4)
  382. F192
    Words in s. 36(3)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 62(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  383. I172
    Sch. 1 para. 15 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  384. F193
    Word in Sch. 3 paras. 2-5 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(i) (with Pt. 4)
  385. I173
    Sch. 3 para. 22 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  386. C20
    Sch. 9 para. 14 extended (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 1(5), 6-8)
  387. F194
    Word in s. 41(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(1)(c), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(j)(bb)
  388. C21
    S. 4 applied (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(6)
  389. F195
    S. 37(2)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(2)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  390. F196
    Word in Sch. 4 para. 10(1) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 10
  391. F197
    Words in s. 39(4)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  392. F198
    Word in Sch. 8 para. 1 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(h) (with Pt. 4)
  393. F199
    S. 56(3)(b)-(f) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(4)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iii)
  394. I174
    Sch. 2 para. 1 in force at 2.1.2008 by S.I. 2007/3545, art. 3
  395. I175
    S. 5(1)(2) in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  396. F200
    Words in Sch. 7 para. 1 inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 28(a)(ii)
  397. I176
    S. 3 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  398. F201
    Word in s. 45(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(c), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(m)(bb)
  399. I177
    S. 45(1)(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(q)
  400. F202
    Sch. 4 para. 2(2)(d) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(b)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  401. F203
    Words in s. 9(6) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  402. I178
    Sch. 1 para. 1 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  403. I179
    S. 18 in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch.
  404. F204
    Words in Sch. 3 para. 5(1)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) 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))
  405. I180
    Sch. 3 para. 2 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  406. F205
    Word in s. 49(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(g) (with Pt. 4)
  407. I181
    S. 37 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(d)
  408. I182
    S. 37(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(k)
  409. F206
    Words in s. 41(7) Table substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 54(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
  410. I183
    S. 63(1) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(a)
  411. F207
    Sch. 3 para. 22A inserted (1.3.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011 (S.I. 2011/565), arts. 1, 2
  412. F208
    Word in Sch. 3 para. 12 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(vi) (with Pt. 4)
  413. F209
    Word in s. 50 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(e) (with Pt. 4)
  414. F210
    Words in s. 41(4)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(1)(b)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(j)(bb)
  415. F211
    Words in s. 19(5)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  416. F212
    Words in Sch. 4 para. 3(2)(c) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(c); S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)
  417. F213
    Words in Sch. 4 para. 1(9B)(f) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(vi), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  418. I184
    Sch. 3 para. 2(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)
  419. C22
    Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)
  420. F214
    Sch. 4 para. 1(11) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 3(4)
  421. F215
    Definition in s. 60(1) inserted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 5 (with Pt. 4)
  422. F216
    Words in s. 37(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(4), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  423. F217
    Word in s. 45(1) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  424. F218
    S. 51(5)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 66, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  425. I185
    Sch. 1 para. 4 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  426. F219
    Sch. 3 para. 18A inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 71, 120 (with s. 97); S.I. 2012/2234, art. 2(h)
  427. F220
    Words in Sch. 4 para. 7(7) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 7(3)
  428. I186
    S. 5(3)(4) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(b)
  429. F221
    Sch. 4 para. 1(9B)(p)-(t) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(x), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  430. F222
    Sch. 1 para. 2(4)(ca) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 58(2) (with art. 5)
  431. I187
    Sch. 3 para. 12 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  432. F223
    Words in s. 50A(3) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 65(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  433. I188
    Sch. 4 para. 6 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  434. I189
    S. 66 in force at 31.12.2007 by S.I. 2007/3545, art. 2(l)
  435. I190
    Sch. 3 para. 20 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  436. F224
    Words in Sch. 7 para. 6(b) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), art. 19(6)
  437. F225
    S. 1 ceases to have effect (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 112 (with Pt. 4)
  438. F226
    Sch. 4 para. 1(13A) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(g), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  439. F227
    Words in Sch. 4 para. 1(1)(b) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(2), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  440. F228
    Word in Sch. 3 paras. 8-11 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(iv) (with Pt. 4)
  441. I191
    S. 63(1) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(l)
  442. F229
    S. 45(7)(c) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 91(a); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(bb)
  443. F230
    Ss. 50A(1A)-(1C) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(4), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  444. I192
    Sch. 3 para. 23 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  445. C23
    S. 63 extended (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 6-8)
  446. F231
    Sch. 4 para. 3(1)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(8), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  447. F232
    Words in s. 39(4)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(b)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(n)(bb)
  448. I193
    S. 54(1)(2) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  449. I194
    Sch. 3 para. 20 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  450. F233
    Sch. 4 para. 1(10)(d)(e) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(e), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  451. I195
    S. 35(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(i)
  452. I196
    S. 41(8) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(f)
  453. F234
    Words in s. 41(7) Table inserted (13.12.2024) by The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374), art. 1(3), Sch. 5 para. 6
  454. F235
    Words in s. 37(2)(d) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(2)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  455. I197
    Sch. 9 para. 6(2)(3)(6) in force at 20.1.2009 for E. so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(d)
  456. I198
    Sch. 9 para. 12 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  457. F236
    Sch. 3 para. 3(3)(aa) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(3)(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))
  458. I199
    S. 43(6) in force at 10.9.2012 by S.I. 2012/2231, art. 2(a)
  459. F237
    Words in Sch. 3 para. 19(1)(a) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(g)
  460. F238
    Words in s. 41(7) Table substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 54(a); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
  461. F239
    Words in s. 60(1) substituted (E.W.) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 65(2)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(b)
  462. F240
    Word in s. 2 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(a) (with Pt. 4)
  463. I200
    Sch. 3 para. 12(1)(b)(2)(3) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)
  464. I201
    Sch. 1 para. 16 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  465. F241
    Sch. 4 para. 1(2A)-(2C) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(5), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  466. F242
    Words in Sch. 4 para. 10(2) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(9)(a), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)
  467. F243
    Word in s. 57(1)(c) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 69, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  468. F244
    Word in s. 33(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(c) (with Pt. 4)
  469. I202
    Sch. 3 para. 16(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)
  470. F245
    Sch. 4 para. 3(3)-(5) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 25(3)
  471. F246
    S. 60(3) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 70(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  472. I203
    S. 63(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(d)
  473. I204
    S. 43(7) in force at 10.9.2012 in so far as not already in force by S.I. 2012/2231, art. 2(b)
  474. F247
    S. 6(8E) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 144(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  475. I205
    S. 61 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  476. I206
    Sch. 4 para. 10 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  477. I207
    Sch. 3 para. 12 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  478. F248
    S. 47(3)(b)-(e) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(2)(d), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  479. I208
    Sch. 1 para. 12 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  480. I209
    Sch. 4 para. 9 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(p)
  481. I210
    Sch. 10 in force at 17.6.2013 for specified purposes by S.I. 2012/2231, art. 4(b) (with art. 5) (see S.I. 2013/1180, art. 2(b))
  482. I211
    Sch. 1 para. 11 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  483. F249
    Words in s. 43(6)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(4), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(l)(bb)
  484. F250
    Words in Sch. 4 para. 2(2) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  485. I212
    Sch. 3 para. 23 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  486. I213
    S. 40 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(f)
  487. F251
    Sch. 4 para. 7(4) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(3), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)
  488. I214
    Sch. 3 para. 25 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  489. F252
    Words in Sch. 7 para. 1 inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 38(b); S.I. 2012/924, art. 2
  490. F253
    Word in Sch. 3 para. 19(7) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(i) (with Pt. 4)
  491. I215
    Sch. 1 para. 14 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  492. F254
    Words in Sch. 4 para. 1(6)(b) inserted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(b); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2 Sch. 3)
  493. F255
    Sch. 4 para. 5A and cross-heading inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(6), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  494. I216
    S. 35(1) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  495. F256
    Word in s. 48(4) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(f) (with Pt. 4)
  496. F257
    S. 50A(3) inserted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 12
  497. F258
    S. 45(6) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(d), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(m)(bb)
  498. F259
    S. 45(7)(d) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 91(b), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(bb), 36
  499. F260
    Word in s. 4(1)(b) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(b)(ii) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  500. F261
    Word in s. 49(4) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(g) (with Pt. 4)
  501. F262
    Words in s. 50A(3)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 53
  502. C24
    Sch. 10 extended in part (Guernsey) (with modifications) (10.12.2009) by Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), art. 4, Sch. 2, Sch. 3 (with arts. 1(4), 6-8)
  503. F263
    Words in s. 41(7) Table inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 34; S.I. 2019/1436, reg. 2(s)
  504. I217
    Sch. 3 para. 15 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  505. I218
    S. 45(2)-(4)(6)(8)(10) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  506. F264
    S. 59 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 65(1), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(b)(bb)
  507. F265
    Words in s. 6(8E) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 150(b); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  508. I219
    S. 54(1)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(m)
  509. F266
    Sch. 2 ceases to have effect (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 112 (with Pt. 4)
  510. I220
    Sch. 8 para. 4 in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(h)
  511. C25
    Sch. 9 para. 14 extended (Guernsey) (with modifications) (10.12.2009) by Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), art. 4, Sch. 2, Sch. 3 (with arts. 1(5), 6-8)
  512. I221
    S. 38 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(e)
  513. F267
    S. 61(3)(b)-(e) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 71(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  514. F268
    Word in s. 4(1)(b) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 44(b)(i) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  515. F269
    Sch. 3 para. 16(4)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(4)(b); S.I. 2012/924, art. 2
  516. I222
    S. 63(1) in force at 22.6.2009 for specified purposes by S.I. 2009/1503, art. 2(b)
  517. F270
    Words in s. 41(4)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(1)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
  518. F271
    Words in Sch. 4 para. 1(9B)(e) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(v), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  519. F272
    Definition in s. 60(1) inserted (E.W.) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 65(2)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(b)
  520. I223
    S. 28 in force at 20.1.2009 by S.I. 2009/39, art. 2(1)(c)
  521. F273
    Word in Sch. 7 para. 6(b) omitted (29.4.2019) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 28(b)(i)
  522. F274
    S. 19(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 59(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  523. F275
    Sch. 4 para. 1(15) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  524. F276
    Word in Sch. 3 para. 6 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(iii) (with Pt. 4)
  525. F277
    Word in s. 49(1)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  526. I224
    S. 5(1)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(w)
  527. I225
    Sch. 9 para. 7 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  528. F278
    Words in s. 41(4)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(1)(b)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
  529. I226
    S. 6(12) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(c)
  530. F279
    Word in s. 43 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(c) (with Pt. 4)
  531. F280
    Ss. 24-27 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 69, 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(f)(bb)
  532. F281
    Word in ss. 45-47 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(d) (with Pt. 4)
  533. I227
    Sch. 9 para. 9 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  534. I228
    Sch. 9 para. 8 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  535. F282
    Sch. 3 para. 20(2) omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 61 (with Pt. 4)
  536. F283
    Words in s. 5(4) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 45(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  537. F284
    Words in Sch. 3 para. 19(6) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(c)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)
  538. F285
    Words in s. 7(2)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  539. I229
    S. 67 in force at 31.12.2007 by S.I. 2007/3545, art. 2(m)
  540. I230
    Sch. 3 para. 21 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  541. I231
    S. 2(5) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(c)
  542. I232
    Sch. 4 para. 3 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
  543. F286
    Words in Sch. 7 para. 1 substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 71 (with art. 2(3))
  544. I233
    S. 36(1)-(3) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  545. F287
    Sch. 4 para. 7(3EA) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 87 (with arts. 1(3), 3)
  546. F288
    S. 56(3)(s)(t) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(4)(g), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iii)
  547. I234
    Sch. 3 para. 18 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  548. F289
    Words in Sch. 3 para. 9(1)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(7)(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))
  549. I235
    Sch. 1 para. 9 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  550. I236
    S. 51 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(k)
  551. I237
    Sch. 3 para. 8 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  552. F290
    Word in Sch. 4 para. 7(7)(d) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 9
  553. F291
    Words in Sch. 1 para. 1 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(ii), 116(5)(a)
  554. I238
    Sch. 10 in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch. (with arts. 3-7) (as amended (30.3.2010) by S.I. 2010/1101, arts. 6-11)
  555. F292
    Words in Sch. 4 para. 1(9B)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  556. I239
    S. 2 in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(a)
  557. F293
    Sch. 4 para. 4 and cross-heading repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(9), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  558. F294
    Words in s. 41(7) Table substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(2); S.I. 2012/924, art. 2
  559. F295
    S. 30(2A) inserted (29.1.2010 for specified purposes) by Policing and Crime Act 2009 (c. 26), ss. 84(3), 116(1); S.I. 2010/125, art. 3
  560. I240
    S. 63 in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch.
  561. F296
    Words in Sch. 4 para. 1(2)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(4), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  562. F297
    Words in s. 1 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(i), 116(5)(a)
  563. F298
    Words in s. 6(8)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 46(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  564. F299
    Word in s. 48(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(f) (with Pt. 4)
  565. F300
    S. 6(8D) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 144(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
  566. I241
    S. 49(7)(8) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(u)
  567. I242
    Sch. 7 para. 1 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(z)
  568. F301
    Sch. 3 para. 19(8) omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 60 (with Pt. 4)
  569. I243
    Sch. 1 para. 5 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  570. I244
    Sch. 3 para. 16 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  571. I245
    S. 30(7)(8) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(f)
  572. C26
    S. 4 transfer of functions (3.11.2008) by First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 (S.I. 2008/2684), arts. 1, 7(a)(vi)
  573. F302
    Words in s. 36(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 62(2), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  574. I246
    Sch. 4 para. 10 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  575. F303
    Sch. 5 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 51, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  576. F304
    Sch. 4 para. 1(1A)-(1D) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(3), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  577. I247
    Sch. 3 para. 19 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  578. I248
    S. 39(1)(5) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
  579. F305
    Word in s. 45 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(e), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  580. I249
    Sch. 4 para. 6 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(p)
  581. F306
    S. 10 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 50, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  582. F307
    S. 50A(4) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(5), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  583. F308
    Word in s. 43(5A)(5B) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(d) (with Pt. 4)
  584. I250
    S. 47(1)-(4) in force at 10.9.2012 by S.I. 2012/2231, art. 2(c)
  585. F309
    Words in Sch. 4 para. 10(2)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(9)(b), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)
  586. F310
    Words in s. 6(4)(b)(ii) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 27
  587. F311
    Sch. 7 para. 1 entries 3, 4 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 73(2)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  588. I251
    S. 36(4)-(10) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  589. I252
    Sch. 3 para. 6 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  590. I253
    Sch. 9 para. 5(2)(3)(6)(7) in force at 17.12.2008 for specified purposes for E. by S.I. 2008/3204, art. 2(b)(i)
  591. F312
    Words in s. 45(7)(b) substituted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 30(b)
  592. F313
    Sch. 4 para. 7(6) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 7(2)
  593. I254
    Sch. 9 para. 6(1) in force at 17.12.2008 for specified purposes by S.I. 2008/3204, art. 2(b)(vi)
  594. F314
    Words in s. 45(4)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(1)(b)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(m)(bb)
  595. I255
    S. 2(4) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(b)
  596. I256
    Sch. 8 para. 4 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(q)
  597. I257
    Sch. 1 para. 9 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  598. F315
    Sch. 3 para. 24(2)(a) substituted (13.11.2008) by The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008 (S.I. 2008/3050), arts. 1(1), 2(2)
  599. F316
    S. 6(8C)(8D) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 13; S.I. 2010/30, art. 2(b)
  600. I258
    Sch. 3 para. 6(1)(b)(2)(3) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)
  601. F317
    Sch. 4 para. 1(9B)(h) substituted (2.4.2018) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 28(a); S.I. 2017/1326, art. 2(3)(h), Sch. (with art. 6)
  602. I259
    S. 53 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(l)
  603. I260
    Sch. 4 para. 3 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
  604. I261
    Sch. 8 para. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(q)
  605. I262
    Sch. 9 para. 6(1) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(l)(3)(f)
  606. I263
    S. 35(2)-(7) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  607. F318
    Words in s. 56(2)(d)(e) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(3)(c), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iii)
  608. F319
    Word in Sch. 8 para. 2(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(h) (with Pt. 4)
  609. F320
    Words in Sch. 3 para. 11(1)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(8)(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))
  610. I264
    S. 43(7) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(g)
  611. F321
    Sch. 4 para. 1(12A) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(f), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  612. F322
    Word in s. 41(1) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(1)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
  613. F323
    Word in s. 41(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(1)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(j)(bb)
  614. F324
    Words in Sch. 7 para. 1 substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 73(2)(a) (with s. 97); S.I. 2012/2234, art. 2(aa)(iv)
  615. I265
    S. 62 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(q)
  616. F325
    Word in Sch. 4 para. 3(1) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 4(a)
  617. F326
    Words in Sch. 4 para. 1(7) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  618. I266
    S. 57 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(m)
  619. I267
    S. 4(1)-(7)(9)-(11) in force at 19.5.2008 by S.I. 2008/1320, art. 2(b)
  620. F327
    S. 4(8)-(11) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 222(b)
  621. I268
    S. 60 in force at 31.3.2008 for specified purposes for N.I. by S.I. 2008/930, art. 2(b)
  622. F328
    Sch. 8 para. 2(3)(a)(c) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(5)(a); S.I. 2012/924, art. 2
  623. I269
    Sch. 2 para. 3 in force at 2.1.2008 by S.I. 2007/3545, art. 3
  624. F329
    S. 47(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(2)(e), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)
  625. F330
    Words in s. 6(8)(d) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 46(c)(i) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  626. F331
    Sch. 1 ceases to have effect (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 112 (with Pt. 4)
  627. F332
    Sch. 4 para. 3(1)(ab) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 21(a) (with art. 3)
  628. F333
    S. 43(1)-(5H) substituted for s. 43(1)-(5) (10.9.2012 immediately after S.I. 2012/2157 comes into force, but only in so far as it substitutes s. 43(3)-(5) and inserts new s. 43(5D)-(5H) and otherwise prosp.) by Protection of Freedoms Act 2012 (c. 9), ss. 75(3), 120 (with s. 97); S.I. 2012/2234, art. 2(k)
  629. F334
    Words in s. 19(10) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  630. F335
    Words in Sch. 4 para. 1(9B)(m) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(viii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  631. I270
    S. 41(7) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(g)
  632. F336
    Words in Sch. 3 para. 5(3)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) 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))
  633. I271
    Sch. 4 para. 9 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  634. F337
    Words in s. 41(7) Table inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 52(a); S.I. 2012/1319, art. 2(4)
  635. I272
    Sch. 9 para. 3 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
  636. I273
    Sch. 3 para. 14 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  637. F338
    S. 50A and cross-heading inserted (30.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 88, 116(1); S.I. 2009/3096, art. 2(a)
  638. I274
    S. 2(2)-(4) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)
  639. F339
    Words in Sch. 4 para. 1(6)(a) substituted (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), s. 75(3), Sch. 1 para. 28(a); S.I. 2010/2582, art. 2, Sch. 1 (with Sch. 2 Sch. 3)
  640. I275
    Sch. 3 para. 17 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  641. I276
    Sch. 9 para. 14(2)(3)(5)-(7) in force at 12.10.2009 for E.W. by S.I. 2009/2610, art. 2(a) (with arts. 4-23)
  642. F340
    Words in s. 50A(2) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 65(2) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  643. I277
    Sch. 3 para. 24 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  644. I278
    Sch. 3 para. 15(1)(2) in force at 31.12.2007 by S.I. 2007/3545, art. 2(k)
  645. F341
    Sch. 3 para. 2(2)-(8) substituted for Sch. 3 para. 2(2)-(4) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(2), 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))
  646. F342
    Sch. 3 para. 11(3)(aa) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(8)(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))
  647. I279
    S. 48(6) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(k)
  648. I280
    Sch. 3 para. 8 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  649. I281
    Sch. 1 para. 11 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  650. I282
    Sch. 3 para. 3 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
  651. I283
    Sch. 1 para. 8 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  652. F343
    Words in s. 41(7) Table substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 64 (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  653. F344
    S. 50A(1)(c)(d) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(3), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
  654. I284
    Sch. 1 para. 5 in force at 2.1.2008 for E.W. by S.I. 2007/3545, art. 3
  655. F345
    Words in Sch. 4 para. 1(9B)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(d)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
  656. I285
    Sch. 3 para. 10 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  657. F346
    S. 61(3)(j) and preceding word repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 71(c), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
  658. I286
    Sch. 1 para. 1 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  659. F347
    S. 35(6) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 61(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  660. F348
    Word in s. 50A cross-heading inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 65(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
  661. F349
    Words in Sch. 4 para. 1(10)(c) inserted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 41(4); S.I. 2014/3364, art. 2(z)
  662. C27
    Sch. 10 extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 1(4), 6-8)
  663. F350
    Word in ss. 35-42 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(b) (with Pt. 4)
  664. I287
    Sch. 4 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
  665. I288
    S. 60(1) in force at 31.12.2007 for specified purposes for E.W. by S.I. 2007/3545, art. 2(f)
  666. F351
    Sch. 4 para. 1(10)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 64(6)(e), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
  667. I289
    S. 19(8) in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch.
  668. F352
    Words in Sch. 1 paras. 9-16 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(ii), 116(5)(a)
  669. F353
    Word in s. 4 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(a) (with Pt. 4)
  670. I290
    Sch. 3 para. 13 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
  671. I291
    S. 63(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 3
  672. I292
    Sch. 1 para. 10 in force at 31.3.2008 for N.I. by S.I. 2008/930, art. 2(a)
  673. F354
    Word in s. 49(8) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(f), 120 (with s. 97); S.I. 2012/2234, art. 2(m)
  674. F355
    Words in s. 56(3)(l) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 68(4)(d) (with s. 97); S.I. 2012/2234, art. 2(aa)(iii)
  675. I293
    Sch. 9 para. 5(2)(3)(6)(7) in force at 20.1.2009 for E. so far as not already in force by S.I. 2009/39, art. 2(1)(l)(3)(a)
  676. F356
    S. 54(4)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 67(4), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
  677. F357
    Words in Sch. 4 para. 1(12) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(b)(i)
  678. F358
    Word in Sch. 8 para. 1 heading substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(h) (with Pt. 4)
  679. F359
    Words in s. 41(7) Table substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 15(b); S.I. 2010/1621, art. 2(1), Sch.
  680. F360
    Sch. 4 para. 7(7)(da) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 38
  681. F361
    Words in Sch. 4 para. 3(1)(e) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 37(b)
  682. F362
    S. 45(7)(e) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 35(b)
  683. F363
    Sch. 4 para. 1(12)(ba) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(b)(iii)
  684. F364
    Words in Sch. 4 para. 3(1)(aa) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 9(b)
  685. F365
    S. 45(7)(ca) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 35(a)
  686. F366
    Sch. 4 para. 3(1)(da) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 37(a)
  687. F367
    Sch. 4 para. 3(1)(ea) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 37(c)
  688. F368
    Word in Sch. 4 para. 1(12)(b) omitted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(b)(ii)
  689. F369
    Word in Sch. 4 para. 1(9B)(m) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 9(a)
  690. F370
    Words in Sch. 4 para. 1(11)(a) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 36(a)
  691. F371
    Words in s. 30(8) substituted (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 4(3); S.I. 2025/1257, art. 3(2)(f)
  692. F372
    Sch. 4 para. 1(9B)(ia) inserted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 21(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xl)
  693. F373
    Words in Sch. 7 para. 1 table substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 21(3) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xl)
  694. C28
    Sch. 4 Pt. 1 applied (27.4.2026) by 1981 c. 14, s. 29C(1) (as inserted by Bus Services Act 2025 (c. 24), ss. 33, 41(3))