The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

This adran has no associated Memorandwm Esboniadol

18.—(1) A person who is included in a barred list may apply to [F1ISA] for a review of his inclusion.N.I.

(2) An application for a review may be made only with the permission of [F1ISA].

(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) [F1ISA] must 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 [F1ISA] is 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.

Textual Amendments

F1Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(ii), 116(5)(a)

Commencement Information

I1Sch. 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)