Policing and Crime Act 2009

Policing and Crime Act 2009

2009 CHAPTER 26

Territorial Extent and Application

Part 8 – Miscellaneous

Chapter 1 – Safeguarding Vulnerable Groups and Criminal Records.

Safeguarding vulnerable groups: England and Wales

Section 84 Monitoring: additional fees

518. This section makes provision for the payment of a fee by persons who are subject to monitoring under the 2006 Act, and have benefited from a free application to the monitoring scheme as a volunteer, if they subsequently enter paid employment in activities regulated under the Act.

519. Fees for applications for monitoring under the 2006 Act will be prescribed under powers set out in section 24. The fees are based on cost-recovery for the scheme. It is intended that no fee will be prescribed for persons joining the scheme as unpaid volunteers. This section provides that a fee becomes payable when persons who have benefited from a free application (volunteers) undergo a change of circumstances which means that a fee would have been payable under section 24(1)(d) (persons in paid regulated activity). This removes a loophole which would have enabled persons to apply solely as volunteers and avoid any fee when moving into paid activities.

520. The section provides a power to prescribe the change in circumstances (moving from unpaid to paid activity) and to set a fee for such persons. It also clarifies that an individual does not cease to be subject to monitoring under section 24, merely because the required fee has not been paid. However, subsection (3) inserts a specific power for the Secretary of State to refuse to provide information under section 30 unless the relevant fee under section 24A is paid.