Office of Public Sector Information
Section 12
1 (1) A person (P) who carries on an employment business commits an offence if—
(a) he supplies an individual (B) to another person in the course of that business,
(b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and
(c) he is not appropriately registered in relation to B.
(2) P is appropriately registered in relation to B if—
(a) he is registered in relation to B under section 32,
(b) his registration relates to monitoring in relation to the activity, and
(c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.
(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2 (1) In such circumstances as are prescribed, a person (P) who carries on an employment business commits an offence if—
(a) he supplies an individual (B) to another person in the course of that business,
(b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and
(c) he fails to obtain a copy of an enhanced criminal record certificate relating to B issued in relation to P during the prescribed period.
(2) For these purposes “enhanced criminal record certificate” means—
(a) in relation to regulated activity relating to children, an enhanced criminal record certificate issued under the Police Act 1997 (c. 50) containing suitability information relating to children (within the meaning of section 113BA of that Act);
(b) in relation to regulated activity relating to vulnerable adults, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).
(3) An enhanced criminal record certificate is issued in relation to P only if —
(a) he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997 Act, or
(b) the application was countersigned on his behalf by such a person.
(4) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3 (1) P does not commit an offence under paragraph 1 or 2 if the regulated activity—
(a) is regulated activity relating to vulnerable adults, and
(b) falls within section 16.
(2) P does not commit an offence under paragraph 1 or 2 in relation to any period during which B is continuously supplied to another if the period begins before the commencement of this Schedule.
(3) Sub-paragraph (2) does not apply in relation to a period falling after such date as the Secretary of State specifies by order.
4 For the purposes of this Schedule, Schedule 4 is modified as follows—
(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c) in paragraph 7(4), paragraph (a) must be disregarded.
5 The Secretary of State may by order amend paragraph 2(1)(c) for the purpose of requiring an employment business to carry out such checks in relation to B as may be specified.
6 If the commission of an offence under paragraph 1 or 2 is due to the act or reckless default of a person who acts for or appears to act for P—
(a) that person is guilty of the offence, and
(b) he may be proceeded against and punished whether or not proceedings are also taken against P.
Section 30
1 This is the table referred to in sections 30 and 32—
| Column 1 | Column 2 |
|---|---|
| 1. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to children | Children |
| 2. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adults | Vulnerable adults |
| 3. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to children | Children |
| 4. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to vulnerable adults | Vulnerable adults |
| 5. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to children | Children |
| 6. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adults | Vulnerable adults |
| 7. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to children | Children |
| 8. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to vulnerable adults | Vulnerable adults |
| 9. Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity provider | Children |
| 10. Parent who is considering whether B should be a private foster parent (within the meaning of section 53) in relation to his child | Children |
| 11. Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fostered | Children |
12. Local authority (within the meaning of the Children Act 1989) in the exercise of functions under section 67 of that Act considering whether B is suitable — (a)
to foster a child privately (within the meaning of that Act); (b)
to live in premises in which a child is so fostered |
Children |
| 13. Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity provider | Vulnerable adults |
| 14. Person who carries on an adult placement scheme and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme | Vulnerable adults |
| 15. Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a child | Children |
| 16. Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adults | Vulnerable adults |
| 17. Appropriate officer (within the meaning of section 13) who is required to obtain relevant information relating to B | Children |
| 18. Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to section 5(1) or 34(1) of the Learning and Skills Act 2000 (c. 21), if engaging in the activity gives B the opportunity to have contact with children | Children |
| 19. Person of a prescribed description who is performing a prescribed function in connection with B in such circumstances as are prescribed | (a) Children (if prescribed for the purposes of this entry); (b) vulnerable adults (if prescribed for the purposes of this entry) |
2 The Secretary of State may by order amend any of entries 1 to 18 in column 1 of the table.
3 (1) In entries 1 and 5 in the table the reference to regulated activity must be construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 4 if the activity—
(a) relates to a child who has not attained the age of 16, or
(b) is carried on for the purposes of the armed forces of the Crown.
(2) In entries 1, 2, 5, 6, 9 and 13 in the table the reference to regulated activity includes a reference to an activity which would be a regulated activity if—
(a) it were carried out frequently, or
(b) it were not merely incidental to another activity.
(3) In entries 3, 4, 7 and 8 in the table the reference to controlled activity includes a reference to an activity which would be a controlled activity if it were carried out frequently.
4 Parental responsibility has the same meaning as in the Children Act 1989 (c. 41).
5 A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.
6 An adult placement scheme is a scheme—
(a) under which an individual agrees with the person carrying on the scheme to provide accommodation, in the home in which the individual ordinarily resides, to an adult who is in need of it, and
(b) in respect of which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14).
Safeguarding Vulnerable Groups Act 2006