The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010

Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to children

5.—(1) If—

(a) the Secretary of State would, apart from this regulation, be required to issue to an individual an enhanced criminal record certificate within the meaning of section 113B(1) of the Police Act 1997, and

(b) paragraph (2) applies,

the Secretary of State must issue to the individual a notification instead of a certificate.

(2) This paragraph applies if—

(a) the only prescribed purpose for which the registered person(1) states that the certificate is required is the assessment of the suitability of a person for any work which is a controlled activity relating to children; and

(b) the individual is—

(i) not barred from regulated activity relating to children,

(ii) not included in the list kept under section 1 of the Protection of Children Act 1999, and

(iii) not subject to a direction made under section 142 of the Education Act 2002.

(3) But paragraph (2) does not apply if the controlled activity is work in a further education institution within the meaning of section 140(3) of the Education Act 2002 where the normal duties of that work involve regular contact with persons aged under 18.

(4) The notification must state that the individual is—

(a) not barred from regulated activity relating to children,

(b) not included in the list kept under section 1 of the Protection of Children Act 1999, and

(c) not subject to a direction made under section 142 of the Education Act 2002.

(5) The Secretary of State must send a copy of the notification to whoever acted as the registered person(2) in relation to the application for the certificate.

(1)

Section 120 of the Police Act 1997 provides that, for the purposes of Part V of that Act, a registered person is a person who is listed in a register to be maintained by the Secretary of State for the purposes of that Part.

(2)

Section 113B(12) of the Police Act 1997 provides that, for the purposes of that Act, a person acts as the registered person in relation to an application for an enhanced criminal record certificate if the person countersigns the application or transmits the application to the Secretary of State under subsection (2A).