Textual Amendments
F1Sch. 8A inserted (N.I.) (1.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 4; S.R. 2015/418, art. 3(b)
5(1)The independent reviewer, on receiving an application under paragraph 4 in relation to a certificate, must review the inclusion in that certificate of—NI
(a)the details of any spent conviction; and
(b)the details of any other disposal.
(2)If, following that review, the independent reviewer determines that the details of any spent conviction or other disposal included in the certificate should be removed—
(a)the independent reviewer must inform the Department of that fact; and
(b)on being so informed the Department must issue a new certificate.
(3)In issuing such a certificate the Department must give effect to the determination of the independent reviewer and must (in the case of an enhanced certificate) again comply with section 113B(4).
(4)If, following that review, the independent reviewer determines that the details of any spent convictions or other disposals included in the certificate should not be removed—
(a)the independent reviewer must inform the Department of that fact; and
(b)the Department must inform the applicant that the application is refused.
(5)The independent reviewer must not determine that details of a spent conviction or other disposal should be removed from a certificate unless the independent reviewer is satisfied that the removal of those details would not undermine the safeguarding or protection of children and vulnerable adults or pose a risk of harm to the public.]