- Latest available (Revised)
- Point in Time (05/05/2010)
- Original (As enacted)
Point in time view as at 05/05/2010. This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Safeguarding Vulnerable Groups Act 2006, SCHEDULE 5 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Section 11
1(1)A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—E+W
(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).
Commencement Information
I1Sch. 5 para. 1(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
2(1)A regulated activity provider obtains an appropriate verification in accordance with this Part if—E+W
(a)an enhanced criminal record certificate relating to B is issued during the prescribed period,
[F1(b)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 [F2ISA] 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.
Textual Amendments
F1Sch. 5 para. 2(1)(b) substituted (2.3.2009) by Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 14(2)
F2Words in Sch. 5 para. 2 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(vi), 116(5)(a)
Commencement Information
I2Sch. 5 para. 2(1)(a) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
3(1)This paragraph applies if—E+W
(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
(c)the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
(2)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.
Commencement Information
I3Sch. 5 para. 3(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
4(1)This paragraph applies if—E+W
(a)a regulated activity provider permits B to engage in regulated activity,
(b)B is supplied by a personnel supplier, and
(c)the permission does not have continuous effect for a period exceeding the prescribed period.
(2)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.
Commencement Information
I4Sch. 5 para. 4(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
5E+WA 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.
Commencement Information
I5Sch. 5 para. 5 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
6(1)This paragraph applies if—E+W
(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
(c)the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
(2)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.
Commencement Information
I6Sch. 5 para. 6(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
7(1)This paragraph applies if—E+W
(a)a regulated activity provider permits B to engage in regulated activity,
(b)B is supplied by a personnel supplier, and
(c)the permission does not have continuous effect for a period exceeding the prescribed period.
(2)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.
Commencement Information
I7Sch. 5 para. 7(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
8E+WA 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.
Commencement Information
I8Sch. 5 para. 8 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
9(1)This paragraph applies if—E+W
(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
(c)the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
(2)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.
Commencement Information
I9Sch. 5 para. 9(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
10(1)This paragraph applies if—E+W
(a)a regulated activity provider permits B to engage in regulated activity,
(b)B is supplied by a personnel supplier, and
(c)the permission does not have continuous effect for a period exceeding the prescribed period.
(2)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.
Commencement Information
I10Sch. 5 para. 10(1)(c)(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(x)
Prospective
...E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prospective
...E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F312A.E+WReferences 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.]
Textual Amendments
Prospective
...E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14E+WThe Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.
Commencement Information
I11Sch. 5 para. 14 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(q)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: