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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)A regulated activity provider commits an offence if—
(a)he permits an individual (B) to engage in regulated activity in relation to which B is not subject to monitoring,
(b)he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and
(c)B engages in the activity.
(2)A personnel supplier commits an offence if—
(a)he supplies an individual (B) to another (P),
(b)he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and
(c)he knows or has reason to believe that B is not subject to monitoring in relation to that activity.
(3)For the purposes of subsection (2)(b), Schedule 4 is modified as follows—
(a)in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
(b)in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c)in paragraph 7(4), paragraph (a) must be disregarded.
(4)A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5)A person does not commit an offence under subsection (1) or (2) if B has not attained the age of 16.
(6)A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
(a)the permission is first given before the commencement of this section, and
(b)it continues to have effect after such commencement.
(7)A person does not commit an offence under subsection (1) if—
(a)he falls within section 17,
(b)the permission mentioned in subsection (1) commences at a time when B is engaged in relevant NHS employment mentioned in section 17(1)(b) in circumstances mentioned in subsection (6), and
(c)for the duration of the permission mentioned in subsection (1), B continues to be engaged in that relevant NHS employment.
(8)Subsection (6) or (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(9)A person does not commit an offence under subsection (1) or (2) if the regulated activity—
(a)is regulated activity relating to vulnerable adults, and
(b)falls within section 16.
(10)In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
(11)A person is not guilty of an offence by virtue of subsection (2) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of this section.
(12)Subsection (11) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
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