This Article applies to a person, other than a person to whom Article 4(1) applies, (“X”)—
who is—
included (otherwise than provisionally) in the list kept under Article 3 of the 2003 Order (persons unsuitable to work with children);
subject to a disqualification order; or
included in the list kept for the purposes of the 2007 Regulations
who does not meet any of the criteria prescribed for the purposes of paragraph 1 or 2 of Schedule 1 to the Order under the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;
who has no appeal or review outstanding under the 2003 Order
who is referred by the Department of Health, Social Services and Public Safety or the Department of Education to
include X in the children’s barred list
subject to paragraphs (5) and (7), give X the opportunity to make representations as to why X should be removed from the children’s barred list.
Regulation 3 (representations) of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations (Northern Ireland) 2008
Part 3 of Schedule 1 to the Order in its application to the functions of
in paragraph 16(1)—
for “any provision of this Schedule” substitute “Article 3 of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”; and
for “this Schedule” substitute “that Article”;
after paragraph 16(1) insert—
A person to whom Article 3(2)(b) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 applies may make representations as to why he should be removed from the children’s barred list in accordance with that provision only in relation to his engaging in regulated activity relating to children which does not constitute work in a regulated position within the meaning of Article 31 of the 2003 Order.
in paragraph 16(2), for “Schedule” substitute “Article 3 of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”;
in paragraph 18(4), for the words “he was included” to “(as the case may be)” substitute “the date of the most recent disqualification decision made in respect of him”;
after paragraph 18(4), insert—
In sub-paragraph (4), “disqualification decision” means— a decision of the Department of Health, Social Services and Public Safety— to include the person (otherwise than provisionally) in the list kept under Article 3 of the 2003 Order, or not to remove him from that list; a decision of the Care Tribunal not to direct the person’s removal from the list referred to in sub-paragraph (4A)(a); a decision of the court to make a disqualification order (within the meaning of paragraph 24(6)(b)) in respect of the person; a decision of the Care Tribunal that the person should continue to remain subject to that disqualification order; a decision of the Department of Education— to include the person in the list kept for the purposes of the 2007 Regulations, or not to revoke a prohibition a decision of the Care Tribunal not to order the Department of Education to revoke the decision referred to in sub-paragraph (4A)(e).
in paragraph 19(1)(a) and (d) for “any of paragraphs 1 to 5 or 7 to 11”, substitute “Article 3(1) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”.
X may appeal to the Care Tribunal against a decision under this Article not to remove him from the children’s barred list and Article 8 of the Order applies in relation to an appeal under this paragraph as it applies in relation to an appeal under paragraph (1) of that Article.
Paragraph (2)(b) does not apply to a person if any of the criteria prescribed for the purposes of paragraph 1 of Schedule 1 to the Order as it has effect for the purposes of this paragraph is satisfied in relation to that person.