2(1)In such circumstances as are prescribed, a person (P) who carries on an employment business commits an offence if—E+W
(a)he supplies an individual (B) to another person in the course of that business,
(b)he knows or has reason to believe that the other person will permit B to engage in regulated activity, and
(c)he fails to obtain a copy of an enhanced criminal record certificate relating to B issued in relation to P during the prescribed period.
(2)For these purposes “enhanced criminal record certificate” means—
(a)in relation to regulated activity relating to children, an enhanced criminal record certificate issued under the Police Act 1997 (c. 50) containing suitability information relating to children (within the meaning of section 113BA of that Act);
(b)in relation to regulated activity relating to vulnerable adults, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).
(3)An enhanced criminal record certificate is issued in relation to P only if —
[F1(a)P acted as the registered person in relation to the application for the certificate, or
(b)the person who acted as the registered person in relation to the application did so on behalf of P.]
[F2(3A)References in sub-paragraph (3) 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.]
(4)A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F1Sch. 6 para. 2(3)(a)(b) substituted (2.3.2009) by Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 15(2)
F2Sch. 6 para. 2(3A) inserted (2.3.2009) by Police Act 1997 (Criminal Records) (Electronic Communications) Order 2009 (S.I. 2009/203), arts. 1(1), 15(3)
Commencement Information
I1Sch. 6 para. 2(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(y)