Safeguarding Vulnerable Groups Act 2006 (c. 47)

SCHEDULES

SCHEDULE 3 E+W Barred lists

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

Part 3 E+W Supplementary

Modifications etc. (not altering text)

C2 Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)

C3 Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)

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;

(l) the Care Council for Wales.

(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)

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)