3.—(1) The Department of Health, Social Services and Public Safety and the Department of Education must refer a person (X) to IBB if each of the following conditions is satisfied.
(2) The first condition is that before the start of the relevant period—
(a)X has been referred to the Department of Health, Social Services and Public Safety under Article 4, 5, 6, 9 36, 37 or 38 of the 2003 Order, or
(b)information relating to X has been provided to the Department of Education and as a result of that information that Department is considering making a decision in respect of X under regulation 4 of the 2007 Regulations.
(3) The second condition is that X is not provisionally included in the list kept under Article 3 or 35 of the 2003 Order.
(4) The third condition is that before the start of the relevant period the Department of Health, Social Services and Public Safety or the Department of Education has not sent a notice to X inviting X to make representations as to why X should not be—
(a)included in the list kept under Article 3 or 35 of the 2003 Order;
(b)included in the list kept under regulation 8 of the 2007 Regulations.