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Safeguarding Vulnerable Groups Act 2006

Section 35: Regulated activity providers: duty to refer

126.This section relates to referrals of information from employers to the IBB. It sets out the circumstances in which a regulated activity provider and a responsible person (within the meaning of section 23) must provide the IBB with prescribed information about an individual. These are that:

a.

the provider or other person withdraws permission for the individual to engage in a regulated or controlled activity (for example an employer dismisses an employee); and

b.

the permission is withdrawn for one of the specified reasons e.g. that the provider or other person thinks that any of the criteria specified in Schedule 3 for inclusion in a barred list applies.

127.The duty also applies if the provider or other person would or might have withdrawn permission if the individual had not otherwise stopped being engaged in the regulated activity (for example because the employee resigned before he could be dismissed). The duty does not apply to a person who is permitting an individual to engage in activity mentioned in section 16 that is regulated activity relating to vulnerable adults.

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