47.—(1) A supervisory authority [F2may] provide [F3DBS] with any F4... information it holds relating to a person if the first and second conditions are satisfied.
(2) The first condition is that the supervisory authority thinks, on the basis of relevant evidence—
(a)that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,
(b)that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, 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 supervisory 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 1 applies) that [F3DBS] may consider it appropriate for the person to be included in a barred list.
(5) The supervisory authority may provide [F3DBS] with any F8... information it holds relating to a person if—
(a)it thinks, on the basis of relevant evidence, that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and
(b)the condition in paragraph (4) is satisfied.
F9(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) A supervisory authority is—
(a)[F10RQIA] in respect of its functions under the 2003 Order;
(b)an inspector appointed under Article 102 of the Education and Libraries (Northern Ireland) Order 1986 in the exercise of his functions.
[F11(c)the Charity Commission for Northern Ireland in respect of its functions under the Charities Act (Northern Ireland) 2008 (c.12)]
(8) Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in paragraph (7).
(9) The Secretary of State may by order amend paragraph (7) by inserting a sub-paragraph or amending or omitting a sub-paragraph for the time being contained in that paragraph.
(10) For the purposes of paragraph (2)(b) or (5)(a), conduct is inappropriate if it appears to the supervisory authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.
Textual Amendments
F1Word in art. 47 substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(e); S.I. 2012/2234, art. 2(z)(vi)
F2Word in art. 47(1) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(a)(i); S.I. 2012/2234, art. 2(z)(vi)
F3Word in arts. 47-49 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(d) (with Pt. 4)
F4Word in art. 47(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)
F5Words in art. 47(4)(a) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(b)(i); S.I. 2012/2234, art. 2(z)(vi)
F6Words in art. 47(4)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), Pt. 5s. 120, Sch. 7 para. 13(1)(b)(ii) Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)
F7Words in art. 47(4)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(b)(iii); S.I. 2012/2234, art. 2(z)(vi)
F8Word in art. 47(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)
F9Art. 47(6) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(d), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)
F10Words in art. 47(7)(a) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 15(2)
F11Art. 47(7)(c) inserted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(5)
Commencement Information
I1Art. 47 wholly in operation; art. 47 not in operation at date of making see art. 1(3); art. 47(1)(5)(9) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(q), art. 5(i); art. 47(7) in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(1)(f); art. 47 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.