SCHEDULES

C3SCHEDULE 3Barred lists

Annotations:
Modifications etc. (not altering text)

C2C1C3Part 3Supplementary

Annotations:
Modifications etc. (not altering text)

Representations

I1I4C316

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 F4DBS intends to rely in taking a decision under this Schedule.

2

Any requirement of this Schedule to give a person an opportunity to make representations does not apply if F4DBS 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 F1the 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—

F2a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F3the Health and Care Professions Council;

k

the General Social Care Council;

F6l

Social Care Wales

F7m

Social Work England.

F54A

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”.

I35

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.

I2I5C317

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, F4DBS was unable to ascertain his whereabouts.

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

F4DBS 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

F4DBS 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.