Modifications etc. (not altering text)
C1Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5
Modifications etc. (not altering text)
C2Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)
C3Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)
17(1)This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, [F1DBS] was unable to ascertain his whereabouts.E+W
(2)This paragraph also applies to such a person if—
(a)he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and
(b)[F1DBS] grants him permission to make such representations out of time.
(3)If a person to whom this paragraph applies makes such representations after the prescribed time—
(a)[F1DBS] must consider the representations, and
(b)if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.
(4)For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.
Textual Amendments
F1Word in Sch. 3 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), 3(f)(vii) (with Pt. 4)
Commencement Information
I1Sch. 3 para. 17 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I2Sch. 3 para. 17 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)