41Registers: duty to refer
(1)A keeper of a relevant register must provide IBB with any prescribed information he holds relating to a person if the first and second conditions are satisfied.
(2)The first condition is that the keeper thinks—
(a)that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
(b)that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
(c)that the harm test is satisfied.
(3)The harm test is that the person may—
(a)harm a child or vulnerable adult,
(b)cause a child or vulnerable adult to be harmed,
(c)put a child or vulnerable adult at risk of harm,
(d)attempt to harm a child or vulnerable adult, or
(e)incite another to harm a child or vulnerable adult.
(4)The second condition is that the keeper thinks—
(a)that the person is engaged or may engage in regulated activity or controlled activity, and
(b)(except in a case where paragraph 1, 2, 7 or 8 of Schedule 3 applies) that IBB may consider it appropriate for the person to be included in a barred list.
(5)A keeper of a relevant register may provide IBB with any prescribed information he holds relating to a person if—
(a)he thinks that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
(b)the condition in subsection (4) is satisfied.
(6)For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
(7)In this section—
(a)a relevant register is a register appearing in column 1 of the following table, and
(b)in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
| Relevant register | Keeper of the register |
|---|---|
| 1. The register of teachers maintained under section 3 of the Teaching and Higher Education Act 1998 (c. 30) | The General Teaching Council for England or the General Teaching Council for Wales, as the case may be |
| 2. The register of pharmaceutical chemists maintained under section 2 of the Pharmacy Act 1954 (c. 61) | The registrar appointed under section 1 of that Act |
| 3. Either of the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54) | The registrar of the General Medical Council |
| 4. The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that Act | The registrar appointed under section 14 of that Act |
| 5. The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that Act | The registrar of the General Optical Council |
| 6. The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21) | The Registrar of Osteopaths |
| 7. The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17) | The Registrar of Chiropractors |
| 8. The register of social workers and social care workers maintained under section 56 of the Care Standards Act 2000 (c. 14) | The General Social Care Council or the Care Council for Wales, as the case may be |
| 9. The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253) | The registrar appointed under Article 4 of that Order |
| 10. The register of members of relevant professions maintained under Article 5 of the Health Professions Order 2001 (S.I. 2002/254) | The registrar appointed under Article 4 of that Order |
(8)The Secretary of State may by order amend the table in subsection (7) by inserting an entry or amending or omitting an entry for the time being contained in the table.