(a)who immediately before 12th October 2009 is included in the list kept under Article 35 of POCVA, [F1and—

(i)there is no outstanding appeal relating to P’s removal from the list, and

(ii)the period of time in which any appeal relating to the removal of P from the list may be made has expired;] and

(b)in relation to whom none of the matters described in paragraph (5)(b) to (e) has occurred before that date.

(5) The matters referred to in paragraph (1) are—

(a)P is removed from the list kept under Article 35 of POCVA in accordance with a provision of that Order;

[F2(b)P is included in the adults’ barred list pursuant to Article 5(2)(a) of the 2008 Order and

(i)[F3DBS] is not required under Article 5(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or

(ii)where [F3DBS] is required under that Article to give P the opportunity to make such representations, it decides under that Article not to remove P from that list, and

(iii)where paragraph (i) or (ii) applies—

(aa)there is no outstanding review of P’s inclusion in the list kept under Article 35 of POCVA,

(bb)there is no outstanding appeal relating to P’s inclusion in that list, and

(cc)the period of time in which any appeal relating to P’s inclusion in that list may be made has expired;]

(c)[F3DBS] includes P in the adults’ barred list other than in accordance with Article 5(2)(a) of the 2008 Order;

(d)in accordance with Article 5(4) of the 2008 Order, [F3DBS] removes P from the adults’ barred list;

(e)where P is referred to [F3DBS] in accordance with Article 6 of the 2008 Order, [F3DBS] makes a decision not to include P in the adults’ barred list.

[F4(5A) Where P has been included in the adults’ barred list in accordance with Article 5(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, [F3DBS] must remove P from the list unless it is satisfied that paragraph 7 or 8 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the adult’s barred list) applies to P.]

(6) Article 7 of the Order does not apply to P until the relevant provisions of POCVA cease to have effect in relation to P in accordance with this Article.

[F5(7) For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Department of Health, Social Services and Public Safety for the purposes of determining whether P should be removed from the list pursuant to Article 35(3) of POCVA.]