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Regulation 3 RepresentationsI1C1C2

Northern Ireland

(1)

This paragraph applies to any person to whom F1DBS must, in accordance with any provision of Schedule 1 to the Order, give the opportunity to make representations as to hisF2... inclusion in, a barred list.

(2)

DBS must give any person falling within paragraph (1) notice in writing that he may make such representations.

(3)

DBS shall give any notice under paragraph (2) to the person in question by sending it to him by post.

(4)

A notice sent in accordance with paragraph (3) shall be treated as having been received by the person in question 48 hours after and including the date on which it was sent unless the contrary is proved.

(5)

A person to whom notice is given in accordance with paragraph (3) may make representations as to hisF3... inclusion in, a barred listf1 within the period of 8 weeks starting on the day on which he is treated as having received the notice.

(6)

Where—

(i)

a person has not completed making his representations within the period provided for under paragraph (5), and

(ii)

DBS is satisfied that the person has good reason for not doing so,

DBS may allow that person such further period to make his representations as DBS considers reasonable.

Annotations

Textual amendments

F1

Words in regs. 3-12 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), 13(1)(3)(e) (with Pt. 4)

F2

Words in reg. 3(1) omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(3), 9(a)

F3

Words in reg. 3(5) omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(3), 9(b)

Modifications

C1

Reg. 3 applied (16.6.2008) by The Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), arts. 1, 3(3)

C2

Reg. 3 applied (16.6.2008) by The Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), arts. 1, 5(3)

Commencement

I1

Reg. 3 in operation at 16.6.2008, see reg. 1

Footnotes

f1

The barred lists are the children’s barred list and the adults’ barred list which IBB is required to establish and maintain under Article 6 of the 2007 Order.