Search Legislation

The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009

 Help about what version

What Version

  • Draft legislation
 Help about opening options

Opening Options

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 No. 2610

Information provided by IBB

This section has no associated Explanatory Memorandum

21.—(1) IBB may provide to either of the persons specified in paragraph (2) any information specified in paragraph (3).

(2) The persons are—

(a)the Secretary of State for the purposes of his functions under the Teachers’ Pensions Regulations 1997, Part 5 of the Police Act 1997 and article 22;

(b)the Scottish Ministers for the purposes of their functions under Part 5(1) of the Police Act 1997.

(3) The information is—

(a)information provided to IBB under paragraph 20 of Schedule 3 to the Act;

(b)the fact that a person is included in a barred list;

(c)the fact that IBB is considering including a person in a barred list;

(d)the personal details of any person referred to in sub-paragraph (b) or (c);

(4) In paragraph (3) “personal details” includes the name (including any former name or alias), address, gender and date of birth of a person together with such further details as IBB considers are necessary to identify the person in question.

(5) IBB may, at the request of a person (X) who meets the requirement specified in paragraph (7), inform that person whether a person (Y) falls within paragraph (6).

(6) Y falls within this paragraph if Y is—

(a)included in the list kept under section 1 of the 1999 Act;

(b)included in the list kept under section 81 of the 2000 Act;

(c)subject to a direction under section 142 of the 2002 Act;

(d)included in a barred list.

(7) The requirement is that X satisfies IBB that X has a legitimate interest in knowing whether Y falls within paragraph (6).

(8) If IBB—

(a)knows or thinks that a person appears in the register of teachers maintained under section 3(2) of the Teaching and Higher Education Act 1998(3), and

(b)becomes aware of relevant information relating to that person,

it must provide that information to the General Teaching Council for England(4) or General Teaching Council for Wales(5), as the case may be.

(9) In paragraph (8) “relevant information” is information which—

(a)relates to the protection of children or vulnerable adults in general, or

(b)is relevant to the exercise of any function of the General Teaching Council for England or the General Teaching Council for Wales,

and includes information specified in paragraph (3).

(1)

By virtue of section 53 of the Scotland Act 1998 (c. 46), the functions of the Secretary of State under Part 5 of the Police Act 1997 (c. 50) are exercised by the Scottish Ministers.

(2)

Section 3 was amended by paragraphs 1 and 3(1) to (6) of Part 1 of Schedule 12 to the Education Act 2002 (“the 2002 Act”) and by paragraph 76(b) of Schedule 21to that Act. It was repealed in part by paragraph 76(a) of Schedule 21 and by Part 3 of Schedule 22 to the 2002 Act. It is to be further amended by paragraphs 2 and 4 of Part 1 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 and repealed in part by Schedule 10 to that Act.

(4)

The General Teaching Council for England is established under section 1 of the Teaching and Higher Education Act 1998 (c. 30).

(5)

The General Teaching Council for Wales is established under S.I. 1998/2911.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Draft Explanatory Memorandum

Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources