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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Paragraph 2 is up to date with all changes known to be in force on or before 26 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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2.—(1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.N.I.
[F1F2[(2) Sub-paragraph (4) applies if it appears to DBS that—
(a)this paragraph applies to a person, and
(b)the person is or has been, or might in future be, engaged in regulated activity relating to children.]
(4) [F3DBS] must give the person the opportunity to make representations as to why the person should not be included in the children's barred list.
(5) Sub-paragraph (6) applies if—
(a)the person does not make representations before the end of any time prescribed for the purpose, or
(b)the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
(6) If [F3DBS] —
(a)is satisfied that this paragraph applies to the person, and
(b)has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,
it must include the person in the list.
(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
(8) If [F3DBS] —
(a)is satisfied that this paragraph applies to the person,
(b)has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and
(c)is satisfied that it is appropriate to include the person in the children's barred list,
it must include the person in the list.]
Textual Amendments
F1Sch. 1 para. 2(2) substituted for Sch. 1 para. 2(2)(3) (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), 65 (with Pt. 4)
F2Sch. 1 para. 2(2)-(8) substituted for Sch. 1 para. 2(2)-(4) (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(2); 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))
F3Word in Sch. 1 paras. 2-5 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), 6(f)(i) (with Pt. 4)
Commencement Information
I1Sch. 1 para. 2 wholly in operation; Sch. 1 para. 2 not in operation at date of making see art. 1(3); Sch. 1 para. 2(1) in operation for certain purposes at 14.3.2008 by S.R. 2008/127, art. 3(e); Sch. 1 para. 2 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 2 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(i)
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