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Safeguarding Vulnerable Groups Act 2006
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- 2006 c. 47
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- Section 27
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- Act modified by 1997 c. 50 s. 126(3) (as added) by S.I. 2007/1351 (N.I.) Sch. 7 para. 3
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2007/3545 art. 2-4 commences (2006 c. 47)
- S.I. 2008/930 art. 2 commences (2006 c. 47)
- S.I. 2008/1320 art. 2-5 commences (2006 c. 47)
- S.I. 2008/3204 art. 2 commences (2006 c. 47)
- S.I. 2009/39 art. 2 commences (2006 c. 47)
- S.I. 2009/1503 art. 2 3 commences (2006 c. 47)
- S.I. 2009/2610 art. 2 commences (2006 c. 47)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/3077 art. 2-5 commences (2008 c. 25)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/1513 art. 2 commences (2008 c. 25)
- S.I. 2009/3096 art. 2-4 commences (2009 c. 26)
- S.I. 2010/30 art. 2-4 commences (2009 c. 21)
- S.I. 2010/125 art. 2-4 commences (2009 c. 26)
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2010/2981 art. 2-4 commences (2008 c. 23)
- S.R. 2009/304 art. 2 commences (S.I. 2007/304)
Prospective
27Prohibition of requirement to produce certain recordsE+W
This section has no associated Explanatory Notes
(1)A person (P) must not, in connection with—
(a)the recruitment of another person as an employee, or
(b)the continued employment of another person,
require that other person or a third party to supply him with a relevant record.
(2)A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record.
(3)Subsection (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 7(1) of Schedule 4 and the activity is for, or for the benefit, of—
(a)P himself;
(b)a child, or vulnerable adult, who is a member of P's family;
(c)a child, or vulnerable adult, who is a friend of P.
(4)“Family” and “friend” must be construed in accordance with section 58.
(5)A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6)A relevant record is the record of information provided by the Secretary of State under section 24(4).
(7)An employee is an individual who—
(a)works under a contract of employment, as defined by section 230(2) of the Employment Rights Act 1996 (c. 18),
(b)provides any service under a contract for services, or
(c)holds any office,
whether or not he is entitled to remuneration; and “employment” must be construed accordingly.
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