33.—(1) This Article has effect for the purposes of Article 32.
(2) Relevant information relating to children is—
(a)whether B is subject to monitoring in relation to regulated activity relating to children, and
(b)if so, whether he is undergoing assessment.
(3) Relevant information relating to vulnerable adults is—
(a)whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and
(b)if so, whether he is undergoing assessment.
(4) B is undergoing assessment if—
(a)the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with B's monitoring application but has not yet done so;
(b)B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section;
(c)in relation to paragraph (2)(b), IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 1;
(d)in relation to paragraph (3)(b), IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of that Schedule.
(5) In paragraph (4)(b) “simultaneous application” means an application made simultaneously with B's monitoring application under Article 28.
(6) The Secretary of State may by order amend the preceding provisions of this Article for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).
Commencement Information
I1Art. 33 partly in operation; art. 33 not in operation at date of making see art. 1(3); art. 33(6) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(e)