Registers: [F1power ] to referN.I.
43.—(1) A keeper of a relevant register [F2may ] provide [F3DBS] with any F4... information he holds relating to a person if the first and second conditions are satisfied.
(2) The first condition is that the keeper 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, or
(e)incite another to harm a child or vulnerable adult.
(4) The second condition is that the keeper thinks—
(a)that the person is [F5or has been, or might in future be, engaged] in regulated activity F6..., and
(b)(except in a case where paragraph 1 [F7or 7 ] of Schedule 1 applies) that [F3DBS] may consider it appropriate for the person to be included in a barred list.
F8[F9(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(4C)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A keeper of a relevant register may provide [F3DBS] with any F10... information he holds relating to a person if—
(a)he thinks that the 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 paragraph (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.
(7) In this Article—
(a)a relevant register is a register appearing in column 1 of the following table, and
(b)in relation a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
| Relevant register | Keeper of the register |
|---|---|
1. The register of teachers maintained under Article 35 of the Education (Northern Ireland) Order 1998 (NI 13) | The General Teaching Council for Northern Ireland |
2. The register of pharmaceutical chemists maintained under Article 6 of the Pharmacy (Northern Ireland) Order 1976 (NI 22) | The registrar appointed under Article 9(1) of that Order |
3. [F11Any of] the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54) | The registrar of the General Medical Council |
4. The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that Act | The registrar appointed under section 14 of that Act |
5. The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that Act | The registrar of the General Optical Council |
6. The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21) | The Registrar of Osteopaths |
7. The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17) | The Registrar of Chiropractors |
8. The register of social workers and social care workers maintained under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) | The Northern Ireland Social Care Council |
9. The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253) | The registrar appointed under Article 4 of that Order |
10. The register of members of relevant professions maintained under Article 5 of the [F12Health Professions Order 2001] (S.I. 2002/254) | The registrar appointed under Article 4 of that Order |
(8) The Secretary of State may by order amend the table in paragraph (7) by inserting an entry or amending or omitting an entry for the time being contained in the Table.
Textual Amendments
F1Word in art. 43 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. 12(1)(e); S.I. 2012/2234, art. 2(z)(iii)
F2Word in art. 43(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. 12(1)(a)(i); S.I. 2012/2234, art. 2(z)(iii)
F3Word 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)
F4Word in art. 43(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. 12(1)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)
F5Words in art. 43(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. 12(1)(b)(i); S.I. 2012/2234, art. 2(z)(iii)
F6Words in art. 43(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. 12(1)(b)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)
F7Words in art. 43(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. 12(1)(b)(iii); S.I. 2012/2234, art. 2(z)(iii)
F8Art. 43(4A)-(4C) 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. 12(1)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)
F9Art. 43(4A)-(4C) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 22(a)
F10Word in art. 43(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. 12(1)(d), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)
F11Words in art. 43(7) Table substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 22(b)
F12Words in art. 43(7) table substituted (coming into force in accordance with reg. 1 of the amending S.I.) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 2 para. 23
Commencement Information
I1Art. 43 wholly in operation; art. 43 not in operation at date of making see art. 1(3); art. 43(1)(5)(8) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(n), art. 5(f); art. 43(7) in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(1)(e); art. 43 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.