Professional bodies and supervisory authorities

41Registers: F11power to refer

I5I231

A keeper of a relevant register F16may provide F47DBS with any F17... information he holds relating to a person if the first and second conditions are satisfied.

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

that the person is F18or has been, or might in future be, engaged in regulated activity F19..., and

b

(except in a case where paragraph 1 F20or 7 of Schedule 3 applies) that F47DBS may consider it appropriate for the person to be included in a barred list.

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

b

in the case where A is included in a barred list, provide the keeper of the register with such of the information on which F49DBS relied in including A in the list as F49DBS considers—

i

to be relevant to the exercise of any function of the keeper, and

ii

otherwise appropriate to provide.

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

F49DBS may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as F49DBS considers appropriate.

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

that the keeper has not answered, within such reasonable period as was required by F51DBS , a request from F50DBS as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii), or

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

The duties in subsections (2), (4) and (5B) do not apply if F49DBSF53... is satisfied that the keeper of the register already has the information concerned.

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

A supervisory authority F25may provide F48DBS with any F26... information it holds relating to a person if the first and second conditions are satisfied.

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

that the person is F27or has been, or might in future be, engaged in regulated activity F28... , and

b

(except in a case where paragraph 1 F29or 7 of Schedule 3 applies) that F48DBS may consider it appropriate for the person to be included in a barred list.

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

If a supervisory authority applies to F48DBS for information within subsection (2) or (3) relating to a person (B), F48DBS must provide the supervisory authority with that information.

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

F54DBS may F33determine the form, manner and contents of an application for the purposes of this section.

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,

b

F55DBS becomes aware that a person is subject to a relevant children's disqualification, F36...

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

F59DBS may F37determine the form, manner and contents of an application for the purposes of this section.

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,

b

F61DBS becomes aware that a person is subject to a relevant adults' disqualification, F40...

F40c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

F62DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a) F42or (b) (as the case may be) of subsection (1).

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

F65DBS may F41determine the form, manner and contents of an application for the purposes of this section.

I4I22I27I3250Provision of information to supervisory authorities

1

This section applies if F67DBS has information that it thinks is relevant to a supervisory authority.

2

F67DBSF44may (whether on an application by the authority or otherwise) provide the supervisory authority with the information.

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.