Child Protection (Working with Children) Act 2012
13AEmbargo after refusal of application or cancellation of clearance
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13A Embargo after refusal of application or cancellation of clearance
13A Embargo after refusal of application or cancellation of clearance
(1) A person who is refused a working with children check clearance, or whose clearance is cancelled under section 23, is not entitled to make a further application for a clearance—
(a) until 5 years after the date notice of the refusal or cancellation was given to the person, or
(b) unless a further early application is permitted under this section.
(2) A further early application is permitted if, after the date of the refusal or cancellation—
(a) relevant proceedings pending at the date of the refusal or cancellation are withdrawn or dealt with without the person being found guilty of the offence, or
(b) a relevant finding of guilt is quashed or set aside, or
(c) a relevant finding the subject of an assessment requirement—
(i) is quashed or set aside, or
(ii) otherwise expressly or impliedly ceases to have effect.
(2A) To avoid doubt, this section does not apply to a person to whom section 25A applies.
(3) In this section—
relevant, in relation to proceedings or a finding, means relevant to the refusal or cancellation.
s 13A: Ins 2015 No 29, Sch 2 [15]. Am 2022 No 34, Sch 1[3] [4]; 2025 No 56, Sch 1[4].