Section 41: Registers: duty to refer
133.This section sets out circumstances in which a professional body whose register is specified in section 41(7) is under a duty to provide prescribed information to the IBB. Broadly, these circumstances are that the professional body thinks that:
an individual who appears on its register or list satisfies any of the criteria under which he could be barred or considered for barring under Schedule 3,
the individual is engaged or may engage in a regulated or controlled activity, and
the IBB may consider it appropriate for the individual to be included in a barred list.
134.This section also provides professional bodies with a power to refer information to the IBB. This power applies where the professional body thinks that a person has engaged in relevant conduct before commencement of the section, that the information may lead to the person’s inclusion in a barred list and that the person is engaged or may engage in regulated or controlled activity.