SCHEDULES

C3SCHEDULE 3Barred lists

Annotations:
Modifications etc. (not altering text)

C2C1C3Part 3Supplementary

Annotations:
Modifications etc. (not altering text)

Information

I1I8C319

1

IBB may require—

a

any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies;

I6b

any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs apply;

c

the chief officer of a relevant police force to provide to it any such relevant information;

d

any person who holds information prescribed for the purposes of section 24(8)(c) to provide to it any such information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies.

2

For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records thinks might be relevant in relation to the regulated activity concerned.

3

For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the chief officer thinks might be relevant in relation to the regulated activity concerned.

4

IBB must pay to the appropriate police authority such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c).

5

For the purpose of deciding under this Schedule whether or not a person is included in a barred list IBB must not take account of relevant police information if the chief officer of the relevant police force thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.

6

In sub-paragraph (5) relevant police information is information which falls within sub-paragraph (3), whether it is obtained by IBB in pursuance of sub-paragraph (1)(c) or paragraph 20(2).

7

In this paragraph—

  • “caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);

  • “relevant police force” must be construed in accordance with subsection (9) of section 113B of that Act as if the person had made an application for the purposes of that section.

8

If IBB so requests, the Secretary of State must inform IBB which police forces are relevant police forces in relation to a person.

I2I9C320

1

The Secretary of State may provide to IBB any information relating to a person which is held by him in connection with his functions under—

a

the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal);

b

Part 7 of the Care Standards Act 2000 (c. 14);

c

sections 142 to 144 of the Education Act 2002 (c. 32).

2

The Secretary of State must provide to IBB any information relating to a person which is held by him in connection with his functions under this Act (except information he holds relating to an offence prescribed for the purposes of paragraph 4(5) or 10(5) of this Schedule).

I3I721

IBB must provide the Secretary of State with the prescribed information relating to a person if—

a

it includes that person in a barred list;

b

it is considering whether to include him in a barred list;

c

it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.

I4I10C322

The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.

I5I11C323

IBB may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.