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Safeguarding Vulnerable Groups Act 2006 - Fair Play For Children

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<strong>Safeguarding</strong> <strong>Vulnerable</strong> <strong>Groups</strong> <strong>Act</strong> <strong>2006</strong> (c. 47)Schedule 3 — Barred listsPart 2 — Adults’ barred list57(b)if, in accordance with such criteria as the Secretary of State specifiesby order, it is more appropriate for the person’s case to be consideredby the relevant Scottish authority.(2) A relevant Scottish authority is such authority as the Secretary of Statespecifies by order as exercising for the purposes of the law of Scotlandfunctions which correspond to those of IBB.(3) A corresponding list is a list maintained for the purposes of the law ofScotland which the Secretary of State specifies by order as corresponding tothe adults’ barred list.PART 3ProcedureSUPPLEMENTARY13 (1) IBB must ensure that in respect of any information it receives in relation toan individual from whatever source or of whatever nature it considerswhether the information is relevant to its consideration as to whether theindividual should be included in each barred list.(2) Sub-paragraph (1) does not, without more, require IBB to give an individualthe opportunity to make representations as to why he should not beincluded in a barred list.14 When an individual is included in a barred list IBB must take all reasonablesteps to notify the individual of that fact.15 (1) The Secretary of State may, by regulations, make provision as to theprocedure to be followed for the purposes of any decision IBB is required orauthorised to take under this Schedule.(2) Such provision may include provision as to the time within which anythingis to be done.Representations16 (1) A person who is, by virtue of any provision of this Schedule, given anopportunity to make representations must have the opportunity to makerepresentations in relation to all of the information on which IBB intends torely in taking a decision under this Schedule.(2) Any requirement of this Schedule to give a person an opportunity to makerepresentations does not apply if IBB does not know and cannot reasonablyascertain the whereabouts of the person.(3) The opportunity to make representations does not include the opportunityto make representations that findings of fact made by a competent bodywere wrongly made.(4) Findings of fact made by a competent body are findings of fact made inproceedings before one of the following bodies or any of its committees—(a) the General Teaching Council for England;(b) the General Teaching Council for Wales;(c) the Council of the Pharmaceutical Society of Great Britain;

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