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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:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)The Secretary of State must establish and maintain a register for the purposes of this section.
(2)The Secretary of State must register a person (A) in relation to another (B) if—
(a)A makes an application to be registered in relation to B,
(b)the application contains the appropriate declaration,
(c)the Secretary of State has no reason to believe that the declaration is false, and
(d)B is subject to monitoring in relation to the regulated activity to which the application relates.
(3)The appropriate declaration is a declaration by A—
(a)that he falls within column 1 of a specified entry, and
(b)that B has consented to the application.
(4)In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.
(5)A's application and registration relate—
(a)if column 2 of the specified entry refers to children, to regulated activity relating to children;
(b)if column 2 of the specified entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.
(6)The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates.
(7)The requirement under subsection (6) is satisfied if notification is sent to any address recorded against A's name in the register.
(8)Paragraph (b) of subsection (3) does not apply if the specified entry is 17.
(9)If B consents to the provision of information to A under section 30 the consent also has effect as consent to any application by A to be registered in relation to B under this section.
(10)The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).
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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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