Modifications etc. (not altering text)
C1Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5
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.E+W
[F1(2)If the Secretary of State has reason to believe that—
(a)this paragraph might apply to a person, and
(b)the person is or has been, or might in future be, engaged in regulated activity relating to children,
the Secretary of State must refer the matter to ISA.
(3)Sub-paragraph (4) applies if (whether or not on a reference under sub-paragraph (2)) it appears to ISA 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)ISA 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 ISA—
(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 ISA—
(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
F1 Sch. 3 para. 2(2)-(8) substituted for Sch. 3 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), ss. 67(2), 120 (with s. 97); S.I. 2012/2234, art. 2(d) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))
Modifications etc. (not altering text)
C2Sch. 3 para. 2 modified (temp.) (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610), arts. 1(1), 9(3)
Commencement Information
I1Sch. 3 para. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I2Sch. 3 para. 2 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
I3Sch. 3 para. 2(1) in force at 31.12.2007 for specified purposes by S.I. 2007/3545, art. 2(j)