- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: