Education and Library Boards and [F1HSC Bodies]: [F2power] to referN.I.
41.—(1) An education and library board (“a board”) and an [F3HSC body] [F4may] provide [F5DBS] with any F6... information it holds relating to a person if the first and second conditions are satisfied.
(2) The first condition is that the board or [F7HSC body] thinks—
(a)that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,
(b)that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, or
(c)that the harm test is satisfied.
(3) The harm test is that the person may—
(a)harm a child or vulnerable adult,
(b)cause a child or vulnerable adult to be harmed,
(c)put a child or vulnerable adult at risk of harm,
(d)attempt to harm a child or vulnerable adult,
(e)incite another to harm a child or vulnerable adult.
(4) The second condition is that the board or [F8HSC body] thinks—
(a)that the person is [F9or has been, or might in future be, engaged] in regulated activity F10..., and
(b)(except in a case where paragraph 1 [F11or 7] of Schedule 1 applies) that [F5DBS] may consider it appropriate for the person to be included in a barred list.
(5) A board or an [F12HSC body] may provide [F5DBS] with any F13... information it holds relating to a person if—
(a)the board or [F14HSC body] thinks that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and
(b)the condition in paragraph (4) is satisfied.
(6) For the purposes of paragraphs (2)(b) or (5)(a), conduct is inappropriate if it appears to the board or [F15HSC body] to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.
Textual Amendments
F1Words in Order substituted (12.10.2009) by virtue of Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F2Word in art. 41 heading substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(d); S.I. 2012/2234, art. 2(z)(vii)
F3Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F4Word in art. 41(1) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(a)(i); S.I. 2012/2234, art. 2(z)(vii)
F5Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)
F6Word in art. 41(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)
F7Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F8Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F9Words in art. 41(4)(a) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(b)(i); S.I. 2012/2234, art. 2(z)(vii)
F10Words in art. 41(4)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(b)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)
F11Words in art. 41(4)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(b)(iii); S.I. 2012/2234, art. 2(z)(vii)
F12Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F13Word in art. 41(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)
F14Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F15Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
Commencement Information
I1Art. 41 wholly in operation; art. 41 not in operation at date of making see art. 1(3); art. 41(1)(5) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(l); art. 41 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.