Safeguarding Vulnerable Groups Act 2006

Section 11

SCHEDULE 5 E+W Appropriate verification

Part 1 E+W Default position

1 (1) A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period— E+W

(a) he obtains relevant information relating to B in pursuance of an application under section 30, or

(b) he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.

(2) “Relevant information” means—

(a) in relation to regulated activity relating to children, relevant information relating to children (within the meaning of section 31);

(b) in relation to regulated activity relating to vulnerable adults, relevant information relating to vulnerable adults (within the meaning of section 31).

Commencement Information

I1 Sch. 5 para. 1(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

2 (1) A regulated activity provider obtains an appropriate verification in accordance with this Part if— E+W

(a) an enhanced criminal record certificate relating to B is issued during the prescribed period,

[F1 (b) the person who acted as the registered person in relation to the application for the certificate did so on behalf of the regulated activity provider,]

(c) the regulated activity provider obtains from the registered person the information mentioned in sub-paragraph (2) derived from the certificate.

(2) The information is—

(a) whether B is subject to monitoring, and

(b) whether the [F2 ISA] is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 9 or 11 of Schedule 3.

Textual Amendments

F1 Sch. 5 para. 2(1)(b) substituted (2.3.2009) by Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 14(2)

F2 Words in Sch. 5 para. 2 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(vi), 116(5)(a)

Commencement Information

I2 Sch. 5 para. 2(1)(a) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

3 (1) This paragraph applies if— E+W

(a) a regulated activity provider permits B to engage in an activity that is regulated activity,

(b) B engages in the activity with the permission of that and another regulated activity provider (C), and

(c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from C—

(a) that C is appropriately registered in relation to B,

(b) that C has no reason to believe that B is barred from the activity, and

(c) that C has no reason to believe that B is not subject to monitoring in relation to the activity.

Commencement Information

I3 Sch. 5 para. 3(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

4 (1) This paragraph applies if— E+W

(a) a regulated activity provider permits B to engage in regulated activity,

(b) B is supplied by a personnel supplier, and

(c) the permission does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from the personnel supplier—

(a) that the personnel supplier is appropriately registered in relation to B,

(b) that the personnel supplier has no reason to believe that B is barred from the activity, and

(c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity.

Commencement Information

I4 Sch. 5 para. 4(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

Part 2 E+W Prescribed verification

5 E+W A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—

(a) he ascertains in the prescribed manner whether B is subject to monitoring in relation to the activity, and

(b) he takes prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to him.

Commencement Information

I5 Sch. 5 para. 5 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

6 (1) This paragraph applies if— E+W

(a) a regulated activity provider permits B to engage in an activity that is regulated activity,

(b) B engages in the activity with the permission of that and another regulated activity provider (C), and

(c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—

(a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and

(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

(3) The confirmation is written confirmation—

(a) that C is appropriately registered in relation to B,

(b) that C has no reason to believe that B is barred from the activity,

(c) that C has no reason to believe that B is not subject to monitoring in relation to the activity, and

(d) that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

Commencement Information

I6 Sch. 5 para. 6(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

7 (1) This paragraph applies if— E+W

(a) a regulated activity provider permits B to engage in regulated activity,

(b) B is supplied by a personnel supplier, and

(c) the permission does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—

(a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and

(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

(3) The confirmation is written confirmation—

(a) that the personnel supplier is appropriately registered in relation to B,

(b) that the personnel supplier has no reason to believe that B is barred from the activity,

(c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and

(d) that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

Commencement Information

I7 Sch. 5 para. 7(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

Part 3 E+W Prescribed verification

8 E+W A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.

Commencement Information

I8 Sch. 5 para. 8 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

9 (1) This paragraph applies if— E+W

(a) a regulated activity provider permits B to engage in an activity that is regulated activity,

(b) B engages in the activity with the permission of that and another regulated activity provider (C), and

(c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—

(a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and

(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

(3) The confirmation is written confirmation—

(a) that C is appropriately registered in relation to B,

(b) that C has no reason to believe that B is barred from the activity,

(c) that C has no reason to believe that B is not subject to monitoring in relation to the activity, and

(d) that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 in connection with the enhanced criminal record certificate.

Commencement Information

I9 Sch. 5 para. 9(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

10 (1) This paragraph applies if— E+W

(a) a regulated activity provider permits B to engage in regulated activity,

(b) B is supplied by a personnel supplier, and

(c) the permission does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—

(a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and

(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

(3) The confirmation is written confirmation—

(a) that the personnel supplier is appropriately registered in relation to B,

(b) that the personnel supplier has no reason to believe that B is barred from the activity,

(c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and

(d) that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

Commencement Information

I10 Sch. 5 para. 10(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)

Part 4 E+W Definitions and power to amend

Prospective

... E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

... E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 12A. E+W References in this Schedule to a person acting as the registered person in relation to an application for an enhanced criminal record certificate must be construed in accordance with section 113B(12) of the Police Act 1997.]

Textual Amendments

F3 Sch. 5 para. 12A inserted (2.3.2009) by Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 14(4)

Prospective

... E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 E+W The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.

Commencement Information

I11 Sch. 5 para. 14 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(q)