Supervisory authorities: power to apply for vetting information
49.—(1) If a supervisory authority applies to the Secretary of State for information within paragraph (2) or (3) relating to a person (B), the Secretary of State must provide the supervisory authority with that information.
(2) The information within this paragraph is—
(a)whether B is barred from regulated activity relating to children,
(b)whether IBB is considering whether to include B in the children’s barred list in pursuance of paragraph 3 or 5 of Schedule 1,
(c)whether B is subject to monitoring in relation to regulated activity relating to children,
(d)if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with his monitoring application, whether the Secretary of State has yet done so, and
(e)if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.
(3) The information within this paragraph is—
(a)whether B is barred from regulated activity relating to vulnerable adults,
(b)whether IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 1,
(c)whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults,
(d)if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with his monitoring application, whether the Secretary of State has yet done so, and
(e)if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.
(4) A supervisory authority may apply for information under this Article only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).
(5) In paragraphs (2)(e) and (3)(e), “simultaneous application” means an application made simultaneously with B’s monitoring application under Article 28.
(6) The Secretary of State may by order amend this Article for the purpose of altering the information within paragraph (2) or (3).
(7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article.