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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

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This is the original version (as it was originally made).

Prohibition of requirement to produce certain records

This section has no associated Explanatory Memorandum

31.—(1) A person (P) must not, in connection with—

(a)the recruitment of another person as an employee, or

(b)the continued employment of another person,

require that other person or a third party to supply him with a relevant record.

(2) A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record.

(3) Paragraph (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 7(1) of Schedule 2 and the activity is for, or for the benefit, of—

(a)P himself;

(b)a child, or vulnerable adult, who is a member of P’s family;

(c)a child, or vulnerable adult, who is a friend of P.

(4) “Family” and “friend” must be construed in accordance with Article 4.

(5) A person who contravenes paragraph (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) A relevant record is the record of information provided by the Secretary of State under Article 28(4).

(7) An employee is an individual who—

(a)works under a contract of employment, as defined by Article 3(2) of the Employment Rights (Northern Ireland) Order 1996 (NI 16),

(b)provides any service under a contract for services, or

(c)holds any office,

whether or not he is entitled to remuneration; and “employment” must be construed accordingly.

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