Personnel suppliers: duty to refer
4.—(1) The following information is prescribed for the purposes of Article 38(1) and (2) of the Order—
(a)the information specified in the Schedule; and
(b)where the personnel supplier is an employment business or employment agency(1), any other information held by a personnel supplier under Schedule 4 to the Conduct of Employment Agencies and Employment Business Regulations (Northern Ireland) 2005(2) (particulars relating to work-seekers) except the information specified in paragraph 10 of that Schedule.
(2) The following information is prescribed for the purposes of Article 38(3) of the Order—
(a)the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;
(b)details of the course that P is following at the educational institution including the name and duration of the course and the qualification or other accreditation to which the course leads;
(c)a copy of P’s application for a place on the course;
(d)the date on which P began the course;
(e)details of any regulated activity or controlled activity in which P has engaged as a result of P having been supplied to another person by the educational institution for the purposes of engaging in such activity including—
(i)the date on which any placement began and the duration of the placement;
(ii)the name and address of the person to whom P was supplied;
(iii)the setting and location of the placement;
(iv)whether the activity was one relating to children or to vulnerable adults;
(v)a description of the position held and the duties undertaken by P;
(f)the date on which and the reasons why the educational institution determined—
(i)to cease to supply P to another person for P to engage in regulated or controlled activity;
(ii)that P should cease to follow a course at the institution;
(g)where an educational institution does not make a determination as mentioned in sub-paragraph (f) but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course, the reasons why the institution would or might have made any such determination;
(h)details of any comments or reports made by persons to whom P was supplied for the purposes of engaging in the regulated or controlled activity;
(i)an assessment of P’s progress on the course (including P’s placements with persons for the purposes of engaging in regulated or controlled activity).
Pursuant to Article 2(2) of the Order, employment agency and employment business is to be construed in accordance with Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (N.I 20).