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Safeguarding Vulnerable Groups Act 2006
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Changes over time for: Section 45
Version Superseded: 12/10/2009
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Safeguarding Vulnerable Groups Act 2006, Section 45 is up to date with all changes known to be in force on or before 12 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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45Supervisory authorities: duty to referE+W
This section has no associated Explanatory Notes
(1)A supervisory authority must provide IBB with any prescribed 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 3 applies to the person,
(b)that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, 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 engaged or may engage in regulated activity or controlled activity, and
(b)(except in a case where paragraph 1, 2, 7 or 8 of Schedule 3 applies) that IBB may consider it appropriate for the person to be included in a barred list.
(5)The supervisory authority may provide IBB with any prescribed 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 3) occurring before the commencement of this section, and
(b)the condition in subsection (4) is satisfied.
(6)Subsection (1) does not apply if the supervisory authority is satisfied that IBB already has the information.
(7)A supervisory authority is—
(a)a registration authority within the meaning of section 5 of the Care Standards Act 2000 (c. 14) in respect of its functions under Part 2 of that Act;
(b)the National Assembly for Wales in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);
[F1(c)the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008;]
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)the National Assembly for Wales in respect of its functions under Chapters 4 and 6 of Part 2 of [F3the Health and Social Care (Community Health and Standards) Act 2003];
(f)the Public Guardian in the exercise of his functions;
(g)Her Majesty's Chief Inspector of Schools in England in the exercise of his functions;
(h)Her Majesty's Chief Inspector of Education and Training in Wales in the exercise of his functions;
(i)the Charity Commissioners for England and Wales in the exercise of their functions.
(8)Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in subsection (7).
(9)The Secretary of State may by order amend subsection (7) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the subsection.
(10)For the purposes of subsection (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 3.
Textual Amendments
F1S. 45(7)(c) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 91(a); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(bb)
F2S. 45(7)(d) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 91(b), Sch. 15 Pt. 1; S.I. 2009/462, art. 2(1), Sch. 1 paras. 35(bb), 36
F3Words in s. 45(7)(e) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 91(c); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(bb)
Commencement Information
I1S. 45(1)(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(q)
I2S. 45(7) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(h)
I3S. 45(9) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(i)
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