Statutory Instruments
2008 No. 3050
Children And Young Persons, England And Wales
Protection Of Vulnerable Adults, England And Wales
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008
Made
12th November 2008
Coming into force in accordance with article 1
The Secretary of State for Children, Schools and Families makes the following Order in exercise of the powers conferred by section 64(1), (2)(a) and (3) of the Safeguarding Vulnerable Groups Act 2006( 1 ):
In accordance with section 56(3)(o) of that Act, he has consulted the Welsh Ministers:
A draft of this Order was laid before Parliament in accordance with section 61(3) of the Safeguarding Vulnerable Groups Act 2006 and approved by resolution of each House of Parliament.
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Foreign Offences) Order 2008 and comes into force on the day after the day on which it is made.
(2) In this Order the “the Act” means the Safeguarding Vulnerable Groups Act 2006 .
Amendment to paragraph 24 of Schedule 3
2. —(1) Paragraph 24 of Schedule 3 (prescribed criteria) to the Act is amended as follows.
(2) For paragraph (a) of sub-paragraph (2) substitute—
“ (a) the law of a country or territory outside England and Wales; ”
(3) After sub-paragraph (9) insert—
“ (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). ”
Amendment to paragraph 25 of Schedule 3
3. —(1) Paragraph 25 of Schedule 3 to the Act is amended as follows.
(2) The existing words of the paragraph become sub-paragraph (1).
(3) After sub-paragraph (1) insert—
“ (2) This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales. ”
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
12th November 2008