32.—(1) The Secretary of State must provide a person (A) with the information mentioned in paragraph (4) in relation to another (B) if—
(a)A makes an application for the information,
(b)the application contains the appropriate declaration, and
(c)the Secretary of State has no reason to believe that the declaration is false.
(2) The appropriate declaration is a declaration by A—
(a)that he falls within column 1 of [F1the table in Schedule 5],
[F2(aa)that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,
(ab)whether the information is sought by A with a view to permitting or supplying B to carry out paid activity or with a view to making a check in accordance with Article 19(2)(a) in relation to the appointment of B to a position in which B will carry out paid activity,] and
(b)that B has consented to the provision of the information to A.
[F3(2A) The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by Article 28A.]
(3) F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The information is—
(a)if [F5A's declaration states that column 2 of the relevant entry] refers to children, relevant information relating to children, and
(b)if [F5A's declaration states that column 2 of the relevant entry] refers to vulnerable adults, relevant information relating to vulnerable adults.
(5) F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If B consents to the provision of information to A in relation to an application under this Article, the consent also has effect in relation to any subsequent such application by A.
[F7(6A) “Paid activity” means an activity carried out for financial gain.
(6B) The Secretary of State may by regulations provide for an activity to be treated as, or not to be treated as, an activity carried out for financial gain.]
(7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).
(8) The Secretary of State may by regulations make provision requiring an authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under Article 18C of the Children Order or section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6) to inform the person of his right to obtain relevant information under this Article.
Textual Amendments
F1Words in art. 32(2)(a) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(a)
F2Art. 32(2)(aa)(ab) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(b)
F3Art. 32(2A) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(c)
F4Art. 32(3) omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(d)
F5Words in art. 32(4)(a)(b) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(e)
F6Art. 32(5) omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(f)
F7Art. 32(6A)(6B) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(g)
Commencement Information
I1Art. 32 partly in operation; art. 32 not in operation at date of making see art. 1(3); art. 32(7)(8) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(f)