Local authority information and referrals

39Local authorities: F1power to refer

(1)

A local authority F2may provide F3DBS with any F4... information they hold relating to a person if the first and second conditions are satisfied.

(2)

The first condition is that the local authority thinks—

(a)

that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,

(b)

that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or

(c)

that the harm test is satisfied.

(3)

The harm test is that the person may—

(a)

harm a child or vulnerable adult,

(b)

cause a child or vulnerable adult to be harmed,

(c)

put a child or vulnerable adult at risk of harm,

(d)

attempt to harm a child or vulnerable adult, or

(e)

incite another to harm a child or vulnerable adult.

(4)

The second condition is that the local authority thinks—

(a)

that the person is F5or has been, or might in future be, engaged in regulated activity F6..., and

(b)

(except in a case where paragraph 1 F7or 7 of Schedule 3 applies) that F3DBS may consider it appropriate for the person to be included in a barred list.

(5)

A local authority may provide F3DBS with any F8... information it holds relating to a person if—

(a)

the local authority think that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and

(b)

the condition in subsection (4) is satisfied.

(6)

For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.

(7)

“Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39).