Paragraph 17 I1

Northern Ireland

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

Sch. 1 para. 5A inserted by Protection of Freedoms Act 2012 Sch. 7 para. 11(1)
Sch. 1 para. 6(1)(a) words inserted by Protection of Freedoms Act 2012 Sch. 7 para. 11(2)(a)
Sch. 1 para. 6(1)(a) words inserted by Protection of Freedoms Act 2012 Sch. 7 para. 11(2)(b)
Sch. 1 para. 6(1)(a) words substituted by Protection of Freedoms Act 2012 Sch. 7 para. 11(2)(c)
Sch. 1 para. 11A inserted by Protection of Freedoms Act 2012 Sch. 7 para. 11(3)
Sch. 1 para. 12(1)(a) words inserted by Protection of Freedoms Act 2012 Sch. 7 para. 11(4)(a)
Sch. 1 para. 12(1)(a) words inserted by Protection of Freedoms Act 2012 Sch. 7 para. 11(4)(b)
Sch. 1 para. 12(1)(a) words substituted by Protection of Freedoms Act 2012 Sch. 7 para. 11(4)(c)

(1)

This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, F1DBS was unable to ascertain his whereabouts.

(2)

This paragraph also applies to such a person if—

(a)

he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and

(b)

DBS grants him permission to make such representations out of time.

(3)

If a person to whom this paragraph applies makes such representations after the prescribed time—

(a)

DBS must consider the representations, and

(b)

if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.

(4)

For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.

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. 17 wholly in operation; Sch. 1 para. 17 not in operation at date of making see art. 1(3); Sch. 1 para. 17 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 17 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)