OpenLegislation

Paragraph 16 I1

Northern Ireland

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

(1)

A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which F1DBS intends to rely in taking a decision under this Schedule.

(2)

Any requirement of this Schedule to give a person an opportunity to make representations does not apply if DBS does not know and cannot reasonably ascertain the whereabouts of the person.

(3)

The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made.

(4)

Findings of fact made by a competent body are findings of fact made in proceedings before one of the following bodies or any of its committees—

(a)

the General Teaching Council for Northern Ireland

(b)

the Council of the Pharmaceutical Society of Northern Ireland;

(c)

the General Medical Council;

(d)

the General Dental Council;

(e)

the General Optical Council;

(f)

the General Osteopathic Council;

(g)

the General Chiropractic Council;

(h)

the Nursing and Midwifery Council;

(i)

the Health Professions Council;

(j)

the Northern Ireland Social Care Council.

(5)

The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.

Annotations

Textual amendments

F1

Word in Sch. 1 paras. 13-21 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(f)(vii) (with Pt. 4)

Commencement

I1

Sch. 1 para. 16 wholly in operation; Sch. 1 para. 16 not in operation at date of making see art. 1(3); Sch. 1 para. 16 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 16(5) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(n); Sch. 1 para. 16 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(i)

Notes on Schedule 1

Modifications

C1

Sch. 1 modified (12.10.2009) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 10 (with art. 5)

C2

Sch. 1 modified (13.3.2009) by Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009 (S.R. 2009/38), art. 6

C3

Sch. 1 revocation of earlier affecting provision S.R. 2009/304, arts. 5, 10 (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 4

Notes on Part III

Modifications

C1

Sch. 1 Pt. III modified (16.6.2008) by Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), art. 3(5)

C2

Sch. 1 Pt. III modified (16.6.2008) by Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), art. 5(5)