OpenLegislation

Paragraph 5 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 personF2—

(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),

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)

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.

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. 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))

F3

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))

F4

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))

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

I2

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)