5.—(1) In relation to any person mentioned in regulation 4 who, at the point at which he is included in the children’s barred list, is included (otherwise than provisionally) in the list kept by the Department of Health, Social Services and Public Safety under Article 3 of the 2003 Order—
(a)where the person was under the age of 18 at the date of the most recent restriction decision, subtract from the period of 5 years the period starting on and including the date of that restriction decision and ending on the date on which he is included by [F1DBS] in the children’s barred list;
(b)where the person had reached the age of 18 at the date of the most recent restriction decision, subtract from the period of 10 years the period starting on and including the date of that restriction decision and ending on the date on which he is included by [F1DBS] in the children’s barred list.
(2) In paragraph (1), restriction decision means a decision of—
(a)the Department of Health, Social Services and Public Safety—
(i)to include the person in the list kept under Article 3 of the 2003 Order, or
(ii)not to remove the person from that list;
(b)the Care Tribunal not to direct the person’s removal from that list.
Textual Amendments
F1Words in regs. 3-12 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), 13(1)(3)(e) (with Pt. 4)
Commencement Information