- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
Section 11
1(1)A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—
(a)he obtains relevant information relating to B in pursuance of an application under section 30, or
(b)he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.
(2)“Relevant information” means—
(a)in relation to regulated activity relating to children, relevant information relating to children (within the meaning of section 31);
(b)in relation to regulated activity relating to vulnerable adults, relevant information relating to vulnerable adults (within the meaning of section 31).
2(1)A regulated activity provider obtains an appropriate verification in accordance with this Part if—
(a)an enhanced criminal record certificate relating to B is issued during the prescribed period,
(b)the application for the certificate is countersigned on behalf of the regulated activity provider by a registered person (within the meaning of Part 5 of the Police Act 1997 (c. 50)), and
(c)the regulated activity provider obtains from the registered person the information mentioned in sub-paragraph (2) derived from the certificate.
(2)The information is—
(a)whether B is subject to monitoring, and
(b)whether the IBB is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 9 or 11 of Schedule 3.
3(1)This paragraph applies if—
(a)a regulated activity provider permits B to engage in an activity that is regulated activity,
(b)B engages in the activity with the permission of that and another regulated activity provider (C), and
(c)the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
(2)The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from C—
(a)that C is appropriately registered in relation to B,
(b)that C has no reason to believe that B is barred from the activity, and
(c)that C has no reason to believe that B is not subject to monitoring in relation to the activity.
4(1)This paragraph applies if—
(a)a regulated activity provider permits B to engage in regulated activity,
(b)B is supplied by a personnel supplier, and
(c)the permission does not have continuous effect for a period exceeding the prescribed period.
(2)The regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from the personnel supplier—
(a)that the personnel supplier is appropriately registered in relation to B,
(b)that the personnel supplier has no reason to believe that B is barred from the activity, and
(c)that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity.
5A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—
(a)he ascertains in the prescribed manner whether B is subject to monitoring in relation to the activity, and
(b)he takes prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to him.
6(1)This paragraph applies if—
(a)a regulated activity provider permits B to engage in an activity that is regulated activity,
(b)B engages in the activity with the permission of that and another regulated activity provider (C), and
(c)the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
(2)The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—
(a)a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and
(b)the confirmation mentioned in sub-paragraph (3) during the prescribed period.
(3)The confirmation is written confirmation—
(a)that C is appropriately registered in relation to B,
(b)that C has no reason to believe that B is barred from the activity,
(c)that C has no reason to believe that B is not subject to monitoring in relation to the activity, and
(d)that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.
7(1)This paragraph applies if—
(a)a regulated activity provider permits B to engage in regulated activity,
(b)B is supplied by a personnel supplier, and
(c)the permission does not have continuous effect for a period exceeding the prescribed period.
(2)The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—
(a)a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and
(b)the confirmation mentioned in sub-paragraph (3) during the prescribed period.
(3)The confirmation is written confirmation—
(a)that the personnel supplier is appropriately registered in relation to B,
(b)that the personnel supplier has no reason to believe that B is barred from the activity,
(c)that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and
(d)that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.
8A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.
9(1)This paragraph applies if—
(a)a regulated activity provider permits B to engage in an activity that is regulated activity,
(b)B engages in the activity with the permission of that and another regulated activity provider (C), and
(c)the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
(2)The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—
(a)a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and
(b)the confirmation mentioned in sub-paragraph (3) during the prescribed period.
(3)The confirmation is written confirmation—
(a)that C is appropriately registered in relation to B,
(b)that C has no reason to believe that B is barred from the activity,
(c)that C has no reason to believe that B is not subject to monitoring in relation to the activity, and
(d)that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 in connection with the enhanced criminal record certificate.
10(1)This paragraph applies if—
(a)a regulated activity provider permits B to engage in regulated activity,
(b)B is supplied by a personnel supplier, and
(c)the permission does not have continuous effect for a period exceeding the prescribed period.
(2)The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—
(a)a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and
(b)the confirmation mentioned in sub-paragraph (3) during the prescribed period.
(3)The confirmation is written confirmation—
(a)that the personnel supplier is appropriately registered in relation to B,
(b)that the personnel supplier has no reason to believe that B is barred from the activity,
(c)that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and
(d)that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.
11In this Schedule “enhanced criminal record certificate” means—
(a)in relation to regulated activity relating to children, an enhanced criminal record certificate issued under the Police Act 1997 containing suitability information relating to children (within the meaning of section 113BA of that Act);
(b)in relation to regulated activity relating to vulnerable adults, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).
12For the purposes of this Schedule an enhanced criminal record certificate is issued in relation to a regulated activity provider, or personnel supplier, only if—
(a)he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997, or
(b)the application was countersigned on his behalf by such a person.
13For the purposes of this Schedule a regulated activity provider, or personnel supplier, is “appropriately registered” in relation to B if—
(a)he is registered in relation to B under section 32,
(b)his registration relates to monitoring in relation to the activity that he has permitted or supplied B to engage in, and
(c)he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.
14The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys