Safeguarding Vulnerable Groups Act 2006

This section has no associated Explanatory Notes

19(1)[F1DBS] may require—E+W

(a)any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies [F2or appears to apply];

(b)any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs [F3applies or appears to apply];

(c)the [F4relevant chief officer] to provide to it any such relevant information;

F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records [F6reasonably believes to] be relevant in relation to the regulated activity concerned.

(3)For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the [F7relevant] chief officer [F6reasonably believes to] be relevant in relation to the regulated activity concerned.

(4)[F1DBS] must pay to the appropriate [F8local policing body] such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c).

(5)For the purpose of deciding under this Schedule whether or not a person is included in a barred list [F1DBS] must not take account of relevant police information if the [F9relevant chief officer] thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.

(6)In sub-paragraph (5) relevant police information is information F10... obtained by [F1DBS] in pursuance of sub-paragraph (1)(c) F11....

(7)In this paragraph—

  • “caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);

  • [F12 “ the relevant chief officer ” means any chief officer of a police force who is identified by [F13DBS] for the purposes of this paragraph; ]

[F14(7A)Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.]

F15(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Words in Sch. 3 para. 19(1)(a) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F3Words in Sch. 3 para. 19(1)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F4Words in Sch. 3 para. 19(1)(c) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(2) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F5Sch. 3 para. 19(1)(d) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(iii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F6Words in Sch. 3 para. 19(2)(3) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F7Word in Sch. 3 para. 19(3) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F9Words in Sch. 3 para. 19(5) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F10Words in Sch. 3 para. 19(6) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(c)(i), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F11Words in Sch. 3 para. 19(6) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(c)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F12Definition in Sch. 3 para. 19(7) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(5) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F14Sch. 3 para. 19(7A) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(6) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 para. 19 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2Sch. 3 para. 19 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I3Sch. 3 para. 19(1)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)