PART 5 continued CHAPTER 1 continued
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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)
30the 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) 35Sub-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) 40If 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,
45it must include the person in the list.