3(1)This paragraph applies to a person if—
(a)it appears to IBB that the person has (at any time) engaged in relevant conduct, and
(b)IBB proposes to include him in the children’s barred list.
(2)IBB must give the person the opportunity to make representations as to why he should not be included in the children’s barred list.
(3)IBB must include the person in the children’s barred list if—
(a)it is satisfied that the person has engaged in relevant conduct, and
(b)it appears to IBB that it is appropriate to include the person in the list.
(4)This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to.
(5)In sub-paragraph (4)—
(a)the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);
(b)a disqualification order is an order under section 28, 29 or 29A of that Act.