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SCHEDULES

SCHEDULE 1N.I.BARRED LISTS

PART I N.I.CHILDREN'S BARRED LIST

Risk of harmN.I.

5.—(1) This paragraph applies to a person if—N.I.

(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

F2Words in Sch. 1 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), s. 120, Sch. 7 para. 4(4)(a); 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))

F3Sch. 1 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), s. 120, Sch. 7 para. 4(4)(b); 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))

F4Words in Sch. 1 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), s. 120, Sch. 7 para. 4(4)(c); 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))

Commencement Information

I1Sch. 1 para. 5 wholly in operation; Sch. 1 para. 5 not in operation at date of making see art. 1(3); Sch. 1 para. 5 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 5 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(i)