OpenLegislation

Paragraph 8 I1I2C1C2

England and Wales

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

I3(1)

This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

(F1F22)

Sub-paragraph (4) applies if it appears to DBS that—

(a)

this paragraph applies to a person, and

(b)

the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.

(4)

F3DBS must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list.

(5)

Sub-paragraph (6) applies if—

(a)

the person does not make representations before the end of any time prescribed for the purpose, or

(b)

the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).

(6)

If DBS —

(a)

is satisfied that this paragraph applies to the person, and

(b)

has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

it must include the person in the list.

(7)

Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.

(8)

If DBS —

(a)

is satisfied that this paragraph applies to the person,

(b)

has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(c)

is satisfied that it is appropriate to include the person in the adults' barred list,

it must include the person in the list.

Annotations

Textual amendments

F1

Sch. 3 para. 8(2)-(8) substituted for Sch. 3 para. 8(2)-(4) (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 67(6), 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))

F2

Sch. 3 para. 8(2) substituted for Sch. 3 para. 8(2)(3) (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), 59 (with Pt. 4)

F3

Word in Sch. 3 paras. 8-11 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)(iv) (with Pt. 4)

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

C2

Sch. 3 para. 8 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(5)

Commencement

I1

Sch. 3 para. 8 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2

Sch. 3 para. 8 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. 8(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)