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Policing and Crime Act 2009

Section 86 Notification of cessation of monitoring

527.Section 86 amends section 32 of the 2006 Act, changing the requirements arising from the declaration to be made by persons eligible to receive information about the cessation of monitoring under section 32. Section 32 requires the Secretary of State to establish a register of persons entitled to be notified when an individual ceases to be monitored in accordance with provisions in section 24 of the 2006 Act, that is, persons who are “registered” with the Vetting and Barring Scheme established by that Act.

528.The previous provisions required the Secretary of State to provide such persons with information when an individual in whom they have registered an interest ceases to be monitored under the 2006 Act. Persons entitled to this information are those registered under section 32, who must also fall within the categories of person set out in Schedule 7. This includes employers, personnel suppliers, local authorities and certain other bodies set out in Schedule 7.

529.Section 32(3) previously required a declaration to be made indicating within which of the “specified entries” in Schedule 7 the applicant for registration falls. Section 32(5) provided that the application and registration apply to those specified entries.

530.The effect of subsections (1) to (4) is that the relevant declaration need not specify which particular entry of the table in Schedule 7 the applicant falls within; all that is needed is for the declaration to state that the applicant falls within the table.

531.Subsection (5) relates specifically to members of the governing body of an educational institution. Previously section 32(8) aimed to ensure that the appropriate officer can register in relation to any appointed governor without the need to obtain the consent of the governor. This provision is no longer effective as under section 82 a governor must consent to a check under section 30 of the 2006 Act before he or she can legally act as a governor. Under section 32(9), consent given for the purposes of section 30 has effect as consent to an application by the appropriate officer to register in relation to the governor under section 32.

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