Education and Library Boards and F10HSC Bodies

Annotations:
Amendments (Textual)

F19The Education Authority and F1HSC Bodies: F11power to referI141

1

F20The Education Authority and an F2HSC bodyF12may provide F18DBS with any F13... information it holds relating to a person if the first and second conditions are satisfied.

2

The first condition is that F21the Education Authority or the F3HSC body thinks—

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,

e

incite another to harm a child or vulnerable adult.

4

The second condition is that F22the Education Authority or the F4HSC body thinks—

a

that the person is F14or has been, or might in future be, engaged in regulated activity F15..., and

b

(except in a case where paragraph 1 F16or 7 of Schedule 1 applies) that F18DBS may consider it appropriate for the person to be included in a barred list.

5

F25The Education Authority or an F5HSC body may provide F18DBS with any F17... information it holds relating to a person if—

a

F23the Education Authority or theF6HSC body thinks that a 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.

6

For the purposes of paragraphs (2)(b) or (5)(a), conduct is inappropriate if it appears to F24the Education Authority or theF7HSC body to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

F26The Education Authority and F8HSC bodies: duty to provide information on requestI242

1

This Article applies if F18DBS is considering—

a

whether to include any person in a barred list;

b

whether to remove any person from a barred list.

2

If F18DBS thinks that F27the Education Authority or an F9HSC body holds any prescribed information relating to the person, it may require F28the Authority or that body to provide it with the information.

3

F29The Education Authority or the body must comply with a requirement under paragraph (2).