[F1The Education Authority] and [F2HSC Bodies]: [F3power] to referN.I.
41.—(1) [F4The Education Authority] and an [F5HSC body] [F6may] provide [F7DBS] with any F8... information it holds relating to a person if the first and second conditions are satisfied.
(2) The first condition is that [F9the Education Authority or the ] [F10HSC body] thinks—
(a)that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,
(b)that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, 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,
(e)incite another to harm a child or vulnerable adult.
(4) The second condition is that [F11the Education Authority or the ] [F12HSC body] thinks—
(a)that the person is [F13or has been, or might in future be, engaged] in regulated activity F14..., and
(b)(except in a case where paragraph 1 [F15or 7] of Schedule 1 applies) that [F7DBS] may consider it appropriate for the person to be included in a barred list.
(5) [F16The Education Authority] or an [F17HSC body] may provide [F7DBS] with any F18... information it holds relating to a person if—
(a)[F19the Education Authority or the] [F20HSC body] thinks that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and
(b)the condition in paragraph (4) is satisfied.
(6) For the purposes of paragraphs (2)(b) or (5)(a), conduct is inappropriate if it appears to [F21the Education Authority or the] [F22HSC body] to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.
Textual Amendments
F1Words in art. 41 heading substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 26(1)(a) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F2Words in Order substituted (12.10.2009) by virtue of Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F3Word in art. 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), s. 120, Sch. 7 para. 14(3)(d); S.I. 2012/2234, art. 2(z)(vii)
F4Words in art. 41(1) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 26(1)(b) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F5Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F6Word in art. 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), s. 120, Sch. 7 para. 14(3)(a)(i); S.I. 2012/2234, art. 2(z)(vii)
F7Word in arts. 37-44 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), 6(b) (with Pt. 4)
F8Word in art. 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), s. 120, Sch. 7 para. 14(3)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)
F9Words in art. 41(2) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 26(1)(c) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F10Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F11Words in art. 41(4) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 26(1)(c) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F12Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F13Words in art. 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), s. 120, Sch. 7 para. 14(3)(b)(i); S.I. 2012/2234, art. 2(z)(vii)
F14Words in art. 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), s. 120, Sch. 7 para. 14(3)(b)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)
F15Words in art. 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), s. 120, Sch. 7 para. 14(3)(b)(iii); S.I. 2012/2234, art. 2(z)(vii)
F16Words in art. 41(5) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 26(1)(d) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F17Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F18Word in art. 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), s. 120, Sch. 7 para. 14(3)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)
F19Words in art. 41(5)(a) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 26(1)(c) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F20Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
F21Words in art. 41(6) substituted (1.4.2015) by Education Act (Northern Ireland) 2014 (c. 12), Sch. 3 para. 26(1)(c) (with Sch. 2 para. 4(3)); S.R. 2015/35, art. 2(b)
F22Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
Commencement Information
I1Art. 41 wholly in operation; art. 41 not in operation at date of making see art. 1(3); art. 41(1)(5) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(l); art. 41 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.