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.