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Safeguarding Vulnerable Groups Act 2006

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This is the original version (as it was originally enacted).

27Prohibition of requirement to produce certain records

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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