Professional bodies and supervisory authorities
41Registers: F11power to refer
I5I231
I242
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.
I243
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.
I244
The second condition is that the keeper thinks—
a
I5I235
A keeper of a relevant register may provide F47DBS with any F21... 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.
I246
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.
I18I237
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) | F7The General Teaching Council for Wales |
2.F6The register maintained under article 19 of the Pharmacy Order 2010 | F8The registrar appointed under article 18 of that Order. |
3.F15Any 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 F10 in Wales maintained F69under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) | F70the registrar appointed under section 81 of that Act |
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 F74the Health Professions Order 2001 | The registrar appointed under Article 4 of that Order |
F7311 The register of social workers in England kept under section 39(1) of the Children and Social Work Act 2017 | The registrar appointed under section 39(3)(a) of the Children and Social Work Act 2017 or, in the absence of such an appointment, Social Work England |
I6I238
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.
I1I1942Registers: duty to provide information on request
1
This section applies if F47DBS is considering—
a
whether to include in a barred list a person who appears on a relevant register;
b
whether to remove such a person from a barred list.
I72
F47DBS may require the keeper of the register to provide it with any prescribed information he holds relating to the person.
3
The keeper of the register must comply with a requirement under subsection (2).
4
References to a relevant register and the keeper of a relevant register must be construed in accordance with section 41(7).
43Registers: F12provision of barring information to keepers of registers
F221
Subsection (2) applies if—
a
F49DBS knows or thinks that a person (A) appears on a relevant register, and
b
either—
i
A is included in a barred list, or
ii
F49DBS is aware that A is subject to a relevant disqualification.
2
F49DBS must—
a
notify the keeper of the register of the circumstances mentioned in subsection (1)(b)(i) or (as the case may be) (ii), and
I2 3
Subsection (4) applies if the keeper of a relevant register applies to F49DBS to ascertain in relation to a person (A) whether—
a
A is included in a barred list, or
b
F49DBS is aware that A is subject to a relevant disqualification.
I2 4
F49DBS must notify the keeper of the register as to whether the circumstances are as mentioned in subsection (3)(a) or (as the case may be) (b).
I2 5
5A
Subsection (5B) applies if—
a
a keeper of a register has applied to F50DBS to be notified in relation to a person (A) if—
i
A is included in a barred list, or
ii
F50DBS is aware that A is subject to a relevant disqualification, and
b
the application has not been withdrawn.
5B
F50DBS must notify the keeper of the register if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii).
5C
For the purposes of subsection (5A)(b) an application is withdrawn if—
a
the keeper of the register notifies F51DBS that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii) in relation to A, or
b
F51DBS cancels the application on either of the following grounds—
i
ii
that A neither appears in the register nor is being considered for inclusion in the register.
5D
A keeper of a relevant register may apply for information under this section, or to be notified under this section, in relation to a person (A) only if—
a
A appears in the register, or
b
A is being considered for inclusion in the register.
5E
5F
F52DBS may determine the form, manner and contents of an application for the purposes of this section.
5G
In this section relevant information is information—
a
which—
i
relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
ii
is relevant to the exercise of any function of the keeper of the register, but
b
which is not—
i
information that the circumstances are as mentioned in subsection (1)(b)(i) or (ii) in relation to a person,
ii
any information provided under subsection (2)(b), or
iii
information falling within paragraph 19(5) of Schedule 3.
5H
The Secretary of State may by order amend subsection (5G).
I28 6
In this section—
a
a relevant register is a register appearing in column 1 F23 ... of the table in section 41(7), and
b
in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
I8I29 7
A person is subject to a relevant disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to a barred list.
F2444Registers: power to apply for vetting information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45Supervisory authorities: F13power to refer
I9I251
I262
The first condition is that the supervisory authority thinks, on the basis of relevant evidence—
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.
I263
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.
I264
The second condition is that the supervisory authority thinks—
a
I9I255
The supervisory authority may provide F48DBS with any F30... information it holds relating to a person if—
a
it thinks, on the basis of relevant evidence, 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.
F31I266
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20I257
A supervisory authority is—
a
a registration authority within the meaning of section 5 of the Care Standards Act 2000 (c. 14) in respect of its functions under Part 2 of that Act;
F9aza
the Secretary of State in respect of the Secretary of State's functions under sections 141B to 141E of the Education Act 2002;
azb
the Secretary of State in respect of the Secretary of State's functions under Chapter 1 of Part 4 of the Education and Skills Act 2008;
F5aa
the Secretary of State in respect of his functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) ;
b
the F3Welsh Ministers in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);
F1c
the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008;
F71ca
the Welsh Ministers in respect of their functions under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
F2d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F72e
the Welsh Ministers in respect of their functions under Chapter 4 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 and Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4);
F4ea
the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989;
f
the Public Guardian in the exercise of his functions;
g
Her Majesty's Chief Inspector of Schools in England in the exercise of his functions;
h
Her Majesty's Chief Inspector of Education and Training in Wales in the exercise of his functions;
i
the Charity Commissioners for England and Wales in the exercise of their functions.
I268
Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in subsection (7).
I10I259
The Secretary of State may by order amend subsection (7) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the subsection.
I2610
For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the supervisory authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
I3I2146Supervisory authorities: duty to provide information on request
1
This section applies if F48DBS is considering—
I11a
whether to include in a barred list a person in relation to whom F48DBS thinks that a supervisory authority may have prescribed information;
b
whether to remove such a person from a barred list.
I112
F48DBS may require the supervisory authority to provide it with any prescribed information it holds relating to the person.
3
The supervisory authority must comply with a requirement under subsection (2).
47Supervisory authorities: power to apply for F14certain barring information
I301
I302
The information within this subsection is—
a
whether B is barred from regulated activity relating to children,
F34b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I303
The information within this subsection is—
a
whether B is barred from regulated activity relating to vulnerable adults,
F35b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I304
A supervisory authority may apply for information under this section only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
F325
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I126
The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2) or (3).
I13I317
48Supervisory authorities: notification of barring &c. in respect of children
1
This section applies if—
a
a person is F38... included in the children's barred list,
F36c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F56DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1).
3
A supervisory authority is an interested supervisory authority only if—
a
it has applied to F57DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and
b
the application has not been withdrawn.
4
A supervisory authority may apply to F60DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
5
For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies F58DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.
I146
A person is subject to a relevant children's disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list.
I157
The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.
I158
49Supervisory authorities: notification of barring &c. in respect of vulnerable adults
1
This section applies if—
a
a person is F39... included in the adults' barred list,
F40c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
3
A supervisory authority is an interested supervisory authority only if—
a
it has applied to F63DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and
b
the application has not been withdrawn.
4
A supervisory authority may apply to F66DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
5
For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies F64DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.
I166
A person is subject to a relevant adults' disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.
I177
The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.
I178
I4I22I27I3250Provision of information to supervisory authorities
1
This section applies if F67DBS has information that it thinks is relevant to a supervisory authority.
2
3
Information is relevant to a supervisory authority if—
a
it relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
b
is relevant to the exercise of any function of the authority F45which is mentioned in section 45(7),
but does not include information falling within paragraph 19(5) of Schedule 3 F46or of any circumstance mentioned in section 48(1) or 49(1) in relation to a person.
F434
A supervisory authority may apply to F67DBS under this section only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in section 45(7).
5
F68DBS may determine the form, manner and contents of an application for the purposes of this section.