45.—(1) Paragraph (2) applies if the Secretary of State knows or thinks that a person (A) appears on a relevant register and either—
(a)A is newly included in a barred list or the Secretary of State becomes aware that A is subject to a relevant disqualification, or
(b)having been subject to monitoring, A ceases to be so subject by virtue of Article 30.
(2) The Secretary of State must—
(a)notify the keeper of the register of the circumstances mentioned in sub-paragraph (a) or (b) (as the case may be) of paragraph (1), and
(b)in a case where A is newly included in a barred list, require IBB to provide the keeper with all the information on which IBB relied in deciding to include A in the list.
(3) If IBB—
(a)knows or thinks that a person appears on a relevant register; and
(b)becomes aware of relevant information relating to that person,
it must provide the keeper of the register with that information.
(4) In paragraph (3), relevant information is information which—
(a)relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
(b)is relevant to the exercise of any function of the keeper of the register.
(5) But, in that paragraph, relevant information does not include—
(a)information that any of the events mentioned in paragraph (1)(a) and (b) has occurred in relation to the person;
(b)the information mentioned in paragraph (2)(b);
(c)information falling within paragraph 19(5) of Schedule 1.
(6) In this Article—
(a)a relevant register is a register appearing in column 1 of entry 1 or 8 of the table in Article 43(7), and
(b)in relation a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the Table.
(7) A person is subject to a relevant disqualification if he is included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to a barred list.
Commencement Information
I1Art. 45 partly in operation; art. 45 not in operation at date of making see art. 1(3); art. 45(3)-(5) in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(i); art. 45(7) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(g)