Risk of harmE+W
5(1)This paragraph applies to a person if—E+W
(a)it appears to [F1DBS] that the person[F2—
(i)falls within sub-paragraph (4), and
(ii)is or has been, or might in future be, engaged in regulated activity relating to children] and
(b)[F1DBS] proposes to include him in the children's barred list.
(2)[F1DBS] must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
(3)[F1DBS] must include the person in the children's barred list if—
(a)it is satisfied that the person falls within sub-paragraph (4),
[F3(aa)it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,] and
(b)it [F4is satisfied] that it is appropriate to include the person in the list.
(4)A person falls within this sub-paragraph if he may—
(a)harm a child,
(b)cause a child to be harmed,
(c)put a child at risk of harm,
(d)attempt to harm a child, or
(e)incite another to harm a child.
Textual Amendments
F1Word in Sch. 3 paras. 2-5 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), 3(f)(i) (with Pt. 4)
F2Words in Sch. 3 para. 5(1)(a) substituted (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), ss. 67(4)(a), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))
F3Sch. 3 para. 5(3)(aa) inserted (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), ss. 67(4)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))
F4Words in Sch. 3 para. 5(3)(b) substituted (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), ss. 67(4)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))
Modifications etc. (not altering text)
C1Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5
Commencement Information
I1Sch. 3 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I2Sch. 3 para. 5 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)