Modifications etc. (not altering text)
C1Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5
Modifications etc. (not altering text)
C2Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)
C3Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)
19(1)[F1ISA] 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;
(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 apply;
(c)the chief officer of a relevant police force to provide to it any such relevant information;
(d)any person who holds information prescribed for the purposes of section 24(8)(c) to provide to it any such information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies.
(2)For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records thinks might 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 chief officer thinks might be relevant in relation to the regulated activity concerned.
(4)[F1ISA] must pay to the appropriate [F2local 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 [F1ISA] must not take account of relevant police information if the chief officer of the relevant police force 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 which falls within sub-paragraph (3), whether it is obtained by [F1ISA] in pursuance of sub-paragraph (1)(c) or paragraph 20(2).
(7)In this paragraph—
“caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);
“relevant police force” must be construed in accordance with subsection (9) of section 113B of that Act as if the person had made an application for the purposes of that section.
(8)If [F1ISA] so requests, the Secretary of State must inform [F1ISA] which police forces are relevant police forces in relation to a person.
Textual Amendments
F1Words in Sch. 3 paras. 8-21 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)
F2Words in Sch. 3 para. 19(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 361; S.I. 2011/3019, art. 3, Sch. 1
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)
20(1)The Secretary of State may provide to [F1ISA] any information relating to a person which is held by him in connection with his functions under—E+W
(a)the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal);
(b)Part 7 of the Care Standards Act 2000 (c. 14);
(c)sections 142 to 144 of the Education Act 2002 (c. 32).
(2)The Secretary of State must provide to [F1ISA] any information relating to a person which is held by him in connection with his functions under this Act (except information he holds relating to an offence prescribed for the purposes of paragraph 4(5) or 10(5) of this Schedule).
Textual Amendments
F1Words in Sch. 3 paras. 8-21 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)
Commencement Information
I4Sch. 3 para. 20 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I5Sch. 3 para. 20 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
21E+W[F1ISA] must provide the Secretary of State with the prescribed information relating to a person if—
(a)it includes that person in a barred list;
(b)it is considering whether to include him in a barred list;
(c)it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.
Textual Amendments
F1Words in Sch. 3 paras. 8-21 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)
Commencement Information
I6Sch. 3 para. 21 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I7Sch. 3 para. 21 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)
I8Sch. 3 para. 21(a) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
22E+WThe Secretary of State must inform the Scottish Ministers if a person is included in a barred list.
Commencement Information
I9Sch. 3 para. 22 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I10Sch. 3 para. 22 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
[F322A.E+WISA may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).]
Textual Amendments
23E+W[F4ISA] may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.
Textual Amendments
F4Words in Sch. 3 para. 23 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)
Commencement Information
I11Sch. 3 para. 23 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I12Sch. 3 para. 23 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)