Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to vulnerable adults

6.—(1) If—

(a) the Secretary of State would, apart from this regulation, be required to issue to an individual an enhanced criminal record certificate within the meaning of section 113B(1) of the Police Act 1997, and

(b) paragraph (2) applies,

the Secretary of State must issue to the individual a notification instead of a certificate.

(2) This paragraph applies if—

(a) the only prescribed purpose for which the registered person states that the certificate is required is the assessment of the suitability of a person for any work which is a controlled activity relating to vulnerable adults; and

(b) the individual is—

(i) not barred from regulated activity relating to vulnerable adults, and

(ii) not included in the list kept under section 81 of the Care Standards Act 2000.

(3) The notification must state that the individual is—

(a) not barred from regulated activity relating to vulnerable adults, and

(b) not included in the list kept under section 81 of the Care Standards Act 2000.

(4) The Secretary of State must send a copy of the notification to whoever acted as the registered person in relation to the application for the certificate.