PART IIPROTECTION OF CHILDREN
F1F1CHAPTER IPERSONS UNSUITABLE TO WORK WITH CHILDREN
Appeals and applications to Social Care Tribunal
Restoration to list14
1
If it appears to the Chief Constable or a director of F2social care that the conditions set out in paragraph (2) are satisfied in the case of an individual, the Chief Constable or (as the case may be) the director may apply to the High Court for an order under this Article to be made in respect of the individual.
2
The conditions are that—
a
the individual is no longer included in the list kept by the Department under Article 3, and
b
the individual has acted in such a way (whether before or after he ceased to be included in the list) as to give reasonable cause to believe that an order under this Article is necessary to protect children in general, or any children in particular, from serious harm from him.
3
An application under this Article may be made at any time after the individual ceased to be included in the list.
4
If the High Court is satisfied that the conditions set out in paragraph (2) are satisfied, it must order the restoration of the individual's inclusion in the list; otherwise it must dismiss the application.
5
Where an order is made under this Article, Article 13 has effect with the following modifications—
a
in paragraph (3), the reference to the individual being a child when he was included in the list is to be read as a reference to his being a child when the order under this Article was made,
b
paragraphs (3)(a) and (4)(a) are to have effect as if after “years” there were inserted “beginning with the making of the order under Article 14”,
c
in paragraph (5)(a), the reference to the individual's circumstances changing since he was included in the list is to be read as a reference to his circumstances changing since the order under this Article was made.
6
For the purposes of this Article an individual is no longer included in the list if a direction under Article 12(3) has been given in respect of him and his inclusion in the list is not restored by virtue of an order under this Article.
Pt. II Ch. I (arts. 3-21) repealed (12.10.2009) by Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)), arts. 1(3), 60(2), Sch. 8 (with arts. 2(4), 53, 57(3), 61(4)); S.R. 2009/346, art. 3, Sch. (with arts. 5, 6, 7 (as amended by S.R. 2010/145, arts. 6, 7, 8))