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,

F1b

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.

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.