41Registers: [F1power] to referE+W
(1)A keeper of a relevant register [F2may] provide [F3DBS] with any F4... information he holds relating to a person if the first and second conditions are satisfied.
(2)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.
(3)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.
(4)The second condition is that the keeper thinks—
(a)that the person is [F5or has been, or might in future be, engaged] in regulated activity F6..., and
(b)(except in a case where paragraph 1 [F7or 7] of Schedule 3 applies) that [F3DBS] may consider it appropriate for the person to be included in a barred list.
(5)A keeper of a relevant register may provide [F3DBS] with any F8... 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.
(6)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.
(7)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) | [F9The General Teaching Council for Wales] |
| 2.[F10The register maintained under article 19 of the Pharmacy Order 2010] | [F11The registrar appointed under article 18 of that Order.] |
| 3.[F12Any 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 [F13 in Wales] maintained [F14under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)] | [F15the 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 [F16the Health Professions Order 2001] | The registrar appointed under Article 4 of that Order |
| [F1711 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] |
(8)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.
Textual Amendments
F1Word in s. 41 heading 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. 75(1)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
F2Word in s. 41(1) 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. 75(1)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
F3Word in ss. 35-42 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(b) (with Pt. 4)
F4Word in s. 41(1) 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. 75(1)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(j)(bb)
F5Words in s. 41(4)(a) 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. 75(1)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
F6Words in s. 41(4)(a) 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. 75(1)(b)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(j)(bb)
F7Words in s. 41(4)(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. 75(1)(b)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(j)
F8Word in s. 41(5) 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. 75(1)(c), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(j)(bb)
F9Words in s. 41(7) Table substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(2); S.I. 2012/924, art. 2
F10Words in s. 41(7) Table substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 15(a); S.I. 2010/1621, art. 2(1), Sch.
F11Words in s. 41(7) Table substituted (27.9.2010) by The Pharmacy Order 2010 (S.I. 2010/231), art. 1(5), Sch. 4 para. 15(b); S.I. 2010/1621, art. 2(1), Sch.
F12Words in s. 41(7) Table 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. 64 (with s. 97); S.I. 2012/2234, art. 2(aa)(ii)
F13Words in s. 41(7) Table inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 15 para. 52(a); S.I. 2012/1319, art. 2(4)
F14Words in s. 41(7) Table substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 54(a); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
F15Words in s. 41(7) Table substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 54(b); S.I. 2017/309, art. 2(j) (with arts. 3, 4, Sch.)
F16Words in s. 41(7) Table substituted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 47(l); S.I. 2019/1436, reg. 2(s)
F17Words in s. 41(7) Table inserted (2.12.2019) by Children and Social Work Act 2017 (c. 16), s. 70(2), Sch. 5 para. 34; S.I. 2019/1436, reg. 2(s)
Commencement Information
I1S. 41(1)(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(n)
I2S. 41(1)(5)(7)(8) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
I3S. 41(2)-(4)(6) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.
I4S. 41(7) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(g)
I5S. 41(8) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(f)