OpenLegislation

Article 8 AppealsI1C1C2

Northern Ireland

(1)

An individual who is included in a barred list may appeal to the Care Tribunal against—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a decision under paragraph F22, 3, 5, F38, 9 or 11 of F4Schedule 1 to include him in the list;

(c)

a decision under paragraph 17 F5, 18 or 18A of that Schedule not to remove him from the list.

(2)

An appeal under paragraph (1) may be made only on the grounds that F6DBS has made a mistake—

(a)

on any point of law;

(b)

in any finding of fact which it has made and on which the decision mentioned in that paragraph was based.

(3)

For the purposes of paragraph (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

(4)

An appeal under paragraph (1) may be made only with the leave of the Care Tribunal.

(5)

Unless the Care Tribunal finds that DBS has made a mistake of law or fact, it must confirm the decision of DBS .

(6)

If the Care Tribunal finds that DBS has made such a mistake it must—

(a)

direct DBS to remove the person from the list, or

(b)

remit the matter to DBS for a new decision.

(7)

If the Care Tribunal remits a matter to DBS under paragraph (6)(b)—

(a)

the Care Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and

(b)

the person must be removed from the list until DBS makes its new decision, unless the Care Tribunal directs otherwise.

(8)

In this Article “the Care Tribunal” means the Tribunal established under Article 44 of the 2003 Order.

Annotations

Textual amendments

F1

Art. 8(1)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(a), Sch. 10 Pt. 5 ; S.I. 2012/2234, art. 2(aa)(v)(bb)

F2

Word in art. 8(1)(b) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(b)(i) ; S.I. 2012/2234, art. 2(aa)(v)

F3

Word in art. 8(1)(b) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(b)(ii) ; S.I. 2012/2234, art. 2(aa)(v)

F4

Words in art. 8(1)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(b)(iii) ; S.I. 2012/2234, art. 2(aa)(v)

F5

Words in art. 8(1)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(c) ; S.I. 2012/2234, art. 2(aa)(v)

F6

Word in art. 8 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), 6(a) (with Pt. 4)

Modifications

C1

Art. 8 applied (16.6.2008) by Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), art. 3(6)

C2

Art. 8 applied (16.6.2008) by Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), art. 5(6)

Commencement

I1

Art. 8 wholly in operation at 29.5.2008; art. 8 not in operation at date of making see art. 1(3); art. 8 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(b); art. 8 in operation at 29.5.2008 insofar as not already in operation by S.R. 2008/233, art. 3(a)