Safeguarding Vulnerable Groups Act 2006

InformationE+W

19(1)[F1ISA] may require—E+W

(a)any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies [F2or appears to apply];

(b)any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs [F3applies or appears to apply];

(c)the [F4relevant chief officer] to provide to it any such relevant information;

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records [F6reasonably believes to] be relevant in relation to the regulated activity concerned.

(3)For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the [F7relevant] chief officer [F6reasonably believes to] be relevant in relation to the regulated activity concerned.

(4)[F1ISA] must pay to the appropriate [F8local policing body] such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c).

(5)For the purpose of deciding under this Schedule whether or not a person is included in a barred list [F1ISA] must not take account of relevant police information if the [F9relevant chief officer] thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.

(6)In sub-paragraph (5) relevant police information is information F10... obtained by [F1ISA] in pursuance of sub-paragraph (1)(c) F11....

(7)In this paragraph—

  • “caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);

  • [F12 “ the relevant chief officer ” means any chief officer of a police force who is identified by the Secretary of State for the purposes of this paragraph; ]

[F13(7A)Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.]

(8)If [F1ISA] so requests, the Secretary of State must inform [F1ISA] [F14who is the relevant chief officer] in relation to a person.

Textual Amendments

F1Words in Sch. 3 paras. 8-21 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)

F2Words in Sch. 3 para. 19(1)(a) inserted (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), ss. 70(1)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F3Words in Sch. 3 para. 19(1)(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), ss. 70(1)(a)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F4Words in Sch. 3 para. 19(1)(c) 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. 9 para. 129(2) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F5Sch. 3 para. 19(1)(d) 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), ss. 70(1)(a)(iii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F6Words in Sch. 3 para. 19(2)(3) 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), ss. 70(1)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F7Word in Sch. 3 para. 19(3) inserted (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. 9 para. 129(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F9Words in Sch. 3 para. 19(5) 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. 9 para. 129(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F10Words in Sch. 3 para. 19(6) 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), ss. 70(1)(c)(i), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F11Words in Sch. 3 para. 19(6) 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), ss. 70(1)(c)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F12Definition in Sch. 3 para. 19(7) 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. 9 para. 129(5) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F13Sch. 3 para. 19(7A) inserted (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. 9 para. 129(6) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F14Words in Sch. 3 para. 19(8) 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. 9 para. 129(7) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 para. 19 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2Sch. 3 para. 19 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I3Sch. 3 para. 19(1)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)

20(1)The Secretary of State may provide to [F1ISA] any information relating to a person which is held by him in connection with his functions under—E+W

(a)the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal);

(b)Part 7 of the Care Standards Act 2000 (c. 14);

(c)sections 142 to 144 of the Education Act 2002 (c. 32).

[F15(2)Where the Secretary of State is under a duty under paragraph 1, 2, 7 or 8 to refer a matter to ISA, the Secretary of State must provide to ISA any prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997) of a prescribed description which has been made available to the Secretary of State for the purposes of Part 5 of that Act.]

Textual Amendments

F1Words in Sch. 3 paras. 8-21 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)

F15Sch. 3 para. 20(2) 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), ss. 70(2), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

Commencement Information

I4Sch. 3 para. 20 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I5Sch. 3 para. 20 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

21E+W[F1ISA] must provide the Secretary of State with the prescribed information relating to a person if—

(a)it includes that person in a barred list;

(b)it is considering whether to include him in a barred list;

(c)it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.

Textual Amendments

F1Words in Sch. 3 paras. 8-21 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)

Commencement Information

I6Sch. 3 para. 21 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I7Sch. 3 para. 21 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)

I8Sch. 3 para. 21(a) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

22E+WThe Secretary of State must inform the Scottish Ministers if a person is included in a barred list.

Commencement Information

I9Sch. 3 para. 22 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I10Sch. 3 para. 22 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

[F1622A.E+WISA may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).]

Textual Amendments

23E+W[F17ISA] may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.

Textual Amendments

F17Words in Sch. 3 para. 23 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)

Commencement Information

I11Sch. 3 para. 23 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I12Sch. 3 para. 23 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)