Safeguarding Vulnerable Groups Act 2006

43 Registers: notice of barring and cessation of monitoring E+W

(1) Subsection (2) applies if the Secretary of State knows or thinks that a person (A) appears on a relevant register and either—

(a) A is newly included in a barred list or the Secretary of State becomes aware that A is subject to a relevant disqualification, or

(b) having been subject to monitoring, A ceases to be so subject by virtue of section 26.

(2) The Secretary of State must—

(a) notify the keeper of the register of the circumstances mentioned in paragraph (a) or (b) (as the case may be) of subsection (1), and

(b) in a case where A is newly included in a barred list, require [F1 ISA] to provide the keeper with all the information on which [F1 ISA] relied in deciding to include A in the list.

(3) If [F1 ISA]—

(a) knows or thinks that a person appears on a relevant register, and

(b) becomes aware of relevant information relating to that person,

it must provide the keeper of the register with that information.

(4) In subsection (3), relevant information is information which—

(a) relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and

(b) is relevant to the exercise of any function of the keeper of the register.

(5) But, in that subsection, relevant information does not include—

(a) information that any of the events mentioned in subsection (1)(a) and (b) has occurred in relation to the person;

(b) the information mentioned in subsection (2)(b);

(c) information falling within paragraph 19(5) of Schedule 3.

(6) In this section—

(a) a relevant register is a register appearing in column 1 of entry 1 or 8 of the table in section 41(7), and

(b) in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

(7) A person is subject to a relevant disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to a barred list.

Textual Amendments

F1 Words in ss. 36-47 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(i), 116(5)(a)

Commencement Information

I1 S. 43(3)-(5) in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(h)

I2 S. 43(7) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(g)