The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Review N.I.

18.—(1) A person who is included in a barred list may apply to [F1 DBS] for a review of his inclusion. N.I.

(2) An application for a review may be made only with the permission of [F1 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) [F1 DBS]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 [F1 DBS]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

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 Information

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)

[F2 18A— (1) Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to— N.I.

(a) a review under paragraph 18, or

(b) an application under that paragraph,

which has not yet been determined.

(2) [F1 DBS] may, at any time, review the person's inclusion in the list.

(3) On any such review, [F1 DBS] may remove the person from the list if, and only if, it is satisfied that, in the light of—

(a) information which it did not have at the time of the person's inclusion in the list,

(b) any change of circumstances relating to the person concerned, or

(c) any error by [F1 DBS] ,

it is not appropriate for the person to be included in the list.]

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)

F2 Sch. 1 para. 18A inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 8; S.I. 2012/2234, art. 2(z)(i)