Education and Library Boards and F8HSC Bodies

Annotations:
Amendments (Textual)

F17The Education Authority and F1HSC Bodies: F9power to referI141

1

F18The Education Authority and an F2HSC bodyF10may provide F16DBS with any F11... information it holds relating to a person if the first and second conditions are satisfied.

2

The first condition is that F19the Education Authority or the F3HSC 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 F20the Education Authority or the F4HSC body thinks—

a

that the person is F12or has been, or might in future be, engaged in regulated activity F13..., and

b

(except in a case where paragraph 1 F14or 7 of Schedule 1 applies) that F16DBS may consider it appropriate for the person to be included in a barred list.

5

F23The Education Authority or an F5HSC body may provide F16DBS with any F15... information it holds relating to a person if—

a

F21the Education Authority or theF6HSC 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 F22the Education Authority or theF7HSC 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.