Protection of Freedoms Act 2012 (c. 9)

Part 5 Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1 Safeguarding of vulnerable groups

Main amendments relating to new arrangements: England and Wales

71 Review of barring decisions

After paragraph 18 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (power to apply for review of a person’s inclusion in a barred list) insert—

“18A (1) Sub-paragraph (2) applies if a person’s inclusion in a barred list is not subject to—

(a) a review under paragraph 18, or

(b) an application under that paragraph,

which has not yet been determined.

(2) ISA may, at any time, review the person’s inclusion in the list.

(3) On any such review, ISA 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 ISA,

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