OpenLegislation

Paragraph 3 I1I2C1

England and Wales

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

(1)

This paragraph applies to a person if—

(a)

it appears to F1DBS that the person F2—

(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,

F3(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 F4is 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.

Annotations

Textual amendments

F1

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)

F2

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))

F3

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))

F4

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))

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

Commencement

I1

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

I2

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)