Professional bodies and supervisory authorities

Supervisory authorities: power to apply for vetting informationI149

1

If a supervisory authority applies to the Secretary of State for information within paragraph (2) or (3) relating to a person (B), the Secretary of State must provide the supervisory authority with that information.

2

The information within this paragraph is—

a

whether B is barred from regulated activity relating to children,

b

whether IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 1,

c

whether B is subject to monitoring in relation to regulated activity relating to children,

d

if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with his monitoring application, whether the Secretary of State has yet done so, and

e

if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.

3

The information within this paragraph is—

a

whether B is barred from regulated activity relating to vulnerable adults,

b

whether IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 1,

c

whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults,

d

if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with his monitoring application, whether the Secretary of State has yet done so, and

e

if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.

4

A supervisory authority may apply for information under this Article only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

5

In paragraphs (2)(e) and (3)(e), “simultaneous application” means an application made simultaneously with B's monitoring application under Article 28.

6

The Secretary of State may by order amend this Article for the purpose of altering the information within paragraph (2) or (3).

7

The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article.