Modifications etc. (not altering text)
C1Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5
Modifications etc. (not altering text)
C2Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)
C3Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)
19(1)[F1ISA] may require—E+W
(a)any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies;
(b)any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs apply;
(c)the chief officer of a relevant police force to provide to it any such relevant information;
(d)any person who holds information prescribed for the purposes of section 24(8)(c) to provide to it any such information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies.
(2)For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records thinks might be relevant in relation to the regulated activity concerned.
(3)For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the chief officer thinks might be relevant in relation to the regulated activity concerned.
(4)[F1ISA] must pay to the appropriate police authority such fee as the Secretary of State thinks appropriate for information provided to [F1ISA] in accordance with sub-paragraph (1)(c).
(5)For the purpose of deciding under this Schedule whether or not a person is included in a barred list [F1ISA] must not take account of relevant police information if the chief officer of the relevant police force thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.
(6)In sub-paragraph (5) relevant police information is information which falls within sub-paragraph (3), whether it is obtained by [F1ISA] in pursuance of sub-paragraph (1)(c) or paragraph 20(2).
(7)In this paragraph—
“caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);
“relevant police force” must be construed in accordance with subsection (9) of section 113B of that Act as if the person had made an application for the purposes of that section.
(8)If [F1ISA] so requests, the Secretary of State must inform [F1ISA] which police forces are relevant police forces in relation to a person.
Textual Amendments
F1Words in Sch. 3 paras. 8-21 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iv), 116(5)(a)
Commencement Information
I1Sch. 3 para. 19 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)
I2Sch. 3 para. 19 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)
I3Sch. 3 para. 19(1)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)