Decision to Include on List

5.—(1) Where it appears to the Department that a person has been dismissed from employment on the grounds of misconduct, or has resigned, retired or been made redundant in circumstances such that his employer would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned retired or been made redundant, the Department shall decide if he should be prohibited from teaching or working with children.

(2) Where the Department decides under paragraph (1) to prohibit a person from teaching or working with children, it shall include him on the list mentioned in regulation 4.

(3) The Department shall notify the person concerned of the outcome of the decision made under paragraph (1).