Safeguarding Vulnerable Groups Act 2006

Representations E+W

16 (1) A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which [F1 DBS] intends to rely in taking a decision under this Schedule. E+W

(2) Any requirement of this Schedule to give a person an opportunity to make representations does not apply if [F1 DBS] does not know and cannot reasonably ascertain the whereabouts of the person.

(3) The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made.

(4) Findings of fact made by a competent body are findings of fact made in proceedings before [F2 the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before] one of the following bodies or any of its committees—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the General Teaching Council for Wales;

(c) the Council of the Pharmaceutical Society of Great Britain;

(d) the General Medical Council;

(e) the General Dental Council;

(f) the General Optical Council;

(g) the General Osteopathic Council;

(h) the General Chiropractic Council;

(i) the Nursing and Midwifery Council;

(j) [F4 the Health and Care Professions Council];

(k) the General Social Care Council;

[F5 (l) Social Care Wales]

[F6 (4A) The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”.]

(5) The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.

Textual Amendments

F1 Word in Sch. 3 paras. 13-21 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)(vii) (with Pt. 4)

F2 Words in Sch. 3 para. 16(4) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(4)(a); S.I. 2012/924, art. 2

F3 Sch. 3 para. 16(4)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(4)(b); S.I. 2012/924, art. 2

F4 Words in Sch. 3 para. 16(4)(j) substituted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 56(e); S.I. 2012/1319, art. 2(4)

F5 Words in Sch. 3 para. 16(4)(l) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 55(a); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

F6 Sch. 3 para. 16(4A) inserted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 55(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)

Modifications etc. (not altering text)

C1 Sch. 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

I1 Sch. 3 para. 16 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2 Sch. 3 para. 16 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I3 Sch. 3 para. 16(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(o)

17 (1) This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, [F1 DBS] was unable to ascertain his whereabouts. E+W

(2) This paragraph also applies to such a person if—

(a) he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and

(b) [F1 DBS] grants him permission to make such representations out of time.

(3) If a person to whom this paragraph applies makes such representations after the prescribed time—

(a) [F1 DBS] must consider the representations, and

(b) if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.

(4) For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.

Textual Amendments

F1 Word in Sch. 3 paras. 13-21 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)(vii) (with Pt. 4)

Commencement Information

I4 Sch. 3 para. 17 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I5 Sch. 3 para. 17 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)