Modifications etc. (not altering text)
C1Sch. 1 modified (12.10.2009) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 10 (with art. 5)
C2Sch. 1 modified (13.3.2009) by Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009 (S.R. 2009/38), art. 6
C3Sch. 1 revocation of earlier affecting provision S.R. 2009/304, arts. 5, 10 (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order (Northern Ireland) 2012 (S.R. 2012/320), arts. 1, 4
8.—(1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.N.I.
[F1(2) [F2Sub-paragraph (4) applies if it appears to DBS that—
(a)this paragraph applies to a person, and
(b)the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.]
(4) [F3DBS] must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list.
(5) Sub-paragraph (6) applies if—
(a)the person does not make representations before the end of any time prescribed for the purpose, or
(b)the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
(6) If [F3DBS] —
(a)is satisfied that this paragraph applies to the person, and
(b)has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,
it must include the person in the list.
(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
(8) If [F3DBS] —
(a)is satisfied that this paragraph applies to the person,
(b)has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
(c)is satisfied that it is appropriate to include the person in the adults' barred list,
it must include the person in the list.]
Textual Amendments
F1Sch. 1 para. 8(2)-(8) substituted for Sch. 1 para. 8(2)-(4) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 4(6); S.I. 2012/2234, art. 2(z)(i) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))
F2Sch. 1 para. 8(2) substituted for Sch. 1 para. 8(2)(3) (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), 67 (with Pt. 4)
F3Word in Sch. 1 paras. 8-11 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), 6(f)(iv) (with Pt. 4)
Commencement Information
I1Sch. 1 para. 8 wholly in operation; Sch. 1 para. 8 not in operation at date of making see art. 1(3); Sch. 1 para. 8(1) in operation for certain purposes at 14.3.2008 by S.R. 2008/127, art. 3(e); Sch. 1 para. 8 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 8 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(i)