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Paragraph 18 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 included in a barred list may apply to F1DBS for a review of his inclusion.

(2)

An application for a review may be made only with the permission of DBS.

(3)

A person may apply for permission only if—

(a)

the application is made after the end of the minimum barred period, and

(b)

in the prescribed period ending with the time when he applies for permission, he has made no other such application.

(4)

DBSmust not grant permission unless it thinks—

(a)

that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and

(b)

that the change is such that permission should be granted.

(5)

On a review of a person's inclusion, if DBSis satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application.

(6)

The minimum barred period is the prescribed period beginning with such of the following as may be prescribed—

(a)

the date on which the person was first included in the list;

(b)

the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 is first satisfied;

(c)

where the person is included in the list on the grounds that he has been convicted of an offence in respect of which a sentence of imprisonment or detention was imposed, the date of his release;

(d)

the date on which the person made any representations as to why he should not be included in the list.

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. 18 wholly in operation; Sch. 1 para. 18 not in operation at date of making see art. 1(3); Sch. 1 para. 18(3)(b)(6) in operation at 14.3.2008 by S.R. 2008/127, art. 3(f); Sch. 1 para. 18 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 18 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)