Section 45: Supervisory authorities: duty to refer
138.This section relates to the authorities that are set out in subsection (7). The section provides for the circumstances when such a supervisory authority is under a duty to provide prescribed information to the IBB. Broadly, these circumstances are that the supervisory authority thinks that:
the individual 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.
139.This section allows for the list of supervisory authorities to be amended in the future.
140.This section also provides a supervisory authority with a power to refer prescribed information to the IBB. This power applies where supervisory authority 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.