SCHEDULES
SCHEDULE 5Appropriate verification
Part 1Default position
1
I11
A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—
a
he obtains relevant information relating to B in pursuance of an application under section 30, or
b
he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.
2
“Relevant information” means—
a
in relation to regulated activity relating to children, relevant information relating to children (within the meaning of section 31);
b
in relation to regulated activity relating to vulnerable adults, relevant information relating to vulnerable adults (within the meaning of section 31).
2
1
A regulated activity provider obtains an appropriate verification in accordance with this Part if—
I2a
an enhanced criminal record certificate relating to B is issued during the prescribed period,
F2b
the person who acted as the registered person in relation to the application for the certificate did so on behalf of the regulated activity provider,
c
the regulated activity provider obtains from the registered person the information mentioned in sub-paragraph (2) derived from the certificate.
2
The information is—
a
whether B is subject to monitoring, and
b
whether the F3ISA is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 9 or 11 of Schedule 3.
3
1
This paragraph applies if—
a
a regulated activity provider permits B to engage in an activity that is regulated activity,
b
B engages in the activity with the permission of that and another regulated activity provider (C), and
I3c
the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
I32
The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from C—
a
that C is appropriately registered in relation to B,
b
that C has no reason to believe that B is barred from the activity, and
c
that C has no reason to believe that B is not subject to monitoring in relation to the activity.
4
1
This paragraph applies if—
a
a regulated activity provider permits B to engage in regulated activity,
b
B is supplied by a personnel supplier, and
I4c
the permission does not have continuous effect for a period exceeding the prescribed period.
I42
The regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from the personnel supplier—
a
that the personnel supplier is appropriately registered in relation to B,
b
that the personnel supplier has no reason to believe that B is barred from the activity, and
c
that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity.
Part 2Prescribed verification
I55
A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—
a
he ascertains in the prescribed manner whether B is subject to monitoring in relation to the activity, and
b
he takes prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to him.
6
1
This paragraph applies if—
a
a regulated activity provider permits B to engage in an activity that is regulated activity,
b
B engages in the activity with the permission of that and another regulated activity provider (C), and
I6c
the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
I62
The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—
a
a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and
b
the confirmation mentioned in sub-paragraph (3) during the prescribed period.
3
The confirmation is written confirmation—
a
that C is appropriately registered in relation to B,
b
that C has no reason to believe that B is barred from the activity,
c
that C has no reason to believe that B is not subject to monitoring in relation to the activity, and
d
that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.
7
1
This paragraph applies if—
a
a regulated activity provider permits B to engage in regulated activity,
b
B is supplied by a personnel supplier, and
I7c
the permission does not have continuous effect for a period exceeding the prescribed period.
I72
The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—
a
a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and
b
the confirmation mentioned in sub-paragraph (3) during the prescribed period.
3
The confirmation is written confirmation—
a
that the personnel supplier is appropriately registered in relation to B,
b
that the personnel supplier has no reason to believe that B is barred from the activity,
c
that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and
d
that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.
Part 3Prescribed verification
I88
A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.
9
1
This paragraph applies if—
a
a regulated activity provider permits B to engage in an activity that is regulated activity,
b
B engages in the activity with the permission of that and another regulated activity provider (C), and
I9c
the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
I92
The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—
a
a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and
b
the confirmation mentioned in sub-paragraph (3) during the prescribed period.
3
The confirmation is written confirmation—
a
that C is appropriately registered in relation to B,
b
that C has no reason to believe that B is barred from the activity,
c
that C has no reason to believe that B is not subject to monitoring in relation to the activity, and
d
that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 in connection with the enhanced criminal record certificate.
10
1
This paragraph applies if—
a
a regulated activity provider permits B to engage in regulated activity,
b
B is supplied by a personnel supplier, and
I10c
the permission does not have continuous effect for a period exceeding the prescribed period.
I102
The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—
a
a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and
b
the confirmation mentioned in sub-paragraph (3) during the prescribed period.
3
The confirmation is written confirmation—
a
that the personnel supplier is appropriately registered in relation to B,
b
that the personnel supplier has no reason to believe that B is barred from the activity,
c
that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and
d
that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.
Part 4Definitions and power to amend
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F112A
References in this Schedule to a person acting as the registered person in relation to an application for an enhanced criminal record certificate must be construed in accordance with section 113B(12) of the Police Act 1997.
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I1114
The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.