OpenLegislation

Paragraph 18 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

I2(1)

A person who is included in a barred list may apply to F1DBS for a review of his inclusion.

(2)

An application for a review may be made only with the permission of DBS.

(3)

A person may apply for permission only if—

(a)

the application is made after the end of the minimum barred period, and

I3(b)

in the prescribed period ending with the time when he applies for permission, he has made no other such application.

(4)

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.

(5)

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.

(6)

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) F2or 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.

Annotations

Textual amendments

F1

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)

F2

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

Commencement

I1

Sch. 3 para. 18 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2

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)

I3

Sch. 3 para. 18(3)(b)(6) in force at 31.12.2007 by S.I. 2007/3545, art. 2(k)

Notes on Schedule 3

Modifications

C1

Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5

Notes on Part 3

Modifications

C1

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)

C2

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)

C3

Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5