9.—(1) Persons of the following descriptions may permit a person to have access to the database for the purpose of adding or reading information—
(a) a local authority; and
(b) the persons listed in Schedule 2 (referred to in these Regulations as “national partners”).
(2) A local authority may only permit a person specified in Schedule 3 to have access to the database.
(3) A national partner may only permit a person to have access to the database if the person is an employee of that national partner.
(4) A local authority or a national partner may suspend or terminate a person’s access to the database.
10.—(1) The conditions on which a person may be given access to the database are that—
(a) in the case of a person falling within paragraph 3 or 4 of Schedule 3, the person has been the subject of a system of vetting which involves the collection of details and information broadly comparable to the details and information collected for the purposes of an enhanced criminal record certificate;
(b) in any other case an enhanced criminal record certificate has been obtained in respect of the person;
(c) in the case of a person—
(i) given access under regulation 9(1)(a), he has undergone training provided by or on behalf of the local authority in accordance with such training materials as the Secretary of State for Children, Schools and Families may supply to the local authority, together with such other training as the local authority in question considers appropriate; or
(ii) given access under regulation 9(1)(b), he has undergone training provided by or on behalf of the national partner in accordance with such training materials as the Secretary of State for Children, Schools and Families may supply to the national partner, together with such other training as the national partner in question considers appropriate; and
(d) the person has agreed to have regard to guidance given by the Secretary of State for Children, Schools and Families.
(2) A local authority or a national partner must terminate a person’s access to the database if the most recent enhanced criminal record certificate obtained in respect of that person was issued more than three years previously.
(3) In this regulation “enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997(7).
11.—(1) Subject to paragraph (3)—
(a) a person or body specified in Schedule 4 (“a Schedule 4 body”) must disclose for inclusion in the database, at such times as the Secretary of State for Children, Schools and Families may specify, such of the information specified in Schedule 1 relating to a child or participating young person as is available to the person or body; and
(b) a person or body specified in Schedule 5 (“a Schedule 5 body”) may disclose for inclusion in the database any information specified in Schedule 1 relating to a child or participating young person as is available to the person or body.
(2) Subject to paragraph (3), where any information disclosed for inclusion in the database pursuant to paragraph (1) is superseded by new information, the person or body must disclose that new information for inclusion in the database at such times as the Secretary of State for Children, Schools and Families may specify.
(3) Information about a sensitive service provided to a child or participating young person may only be disclosed for inclusion in the database—
(a) if the child or participating young person consents to the disclosure; or
(b) if the person or body providing the sensitive service considers there is reasonable cause to suspect that the child or participating young person is suffering, or is likely to suffer, significant harm within the meaning of section 31 of the Children Act 1989(8) (care and supervision orders).
12.—(1) The Secretary of State for Children, Schools and Families or a local authority may disclose information included in the database if he, or it, is satisfied that—
(a) disclosure is required by or under any enactment, by any rule of common law or by order of the court;
(b) disclosure is necessary for the purposes of—
(i) the prevention or detection of crime;
(ii) the prosecution of offenders;
(iii) an investigation under section 47 of the Children Act 1989; or
(iv) the exercise by a Local Safeguarding Children Board of its functions under regulation 5(1)(e) or 6 of the Local Safeguarding Children Boards Regulations 2006.
(2) Subject to regulation 6(5), a local authority may disclose information of a description specified in paragraphs 1, 2 and 4 to 7 of Schedule 1 contained in a child record which is not archived information to a person exercising functions of the authority under Part 6 (school admissions, attendance and charges) of the Education Act 1996(9).
13. Without prejudice to regulation 11(3), any—
(a) permission given under regulation 9;
(b) disclosure of information for inclusion in the database under regulation 11(1)(b);
(c) disclosure of information from the database under regulation 12;
(d) provision of information by the Secretary of State under section 12(9) of the Act,
may be given or made notwithstanding any rule of common law which prohibits or restricts the disclosure of information.
1997 c. 50. Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) and paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c. 52). Back [7]
Section 31 was amended by paragraph 127 of Schedule 9 to the Powers of Criminal Courts Act 2000 (c. 6); paragraph 90 of Schedule 7 to the Criminal Justice and Courts Services Act 2000 (c. 43) and sections 120 and 121(1) of the Adoption and Children Act 2002 (c. 38). Back [8]
1996 c. 56. Section 19(1) was amended by section 47(2) of the Education Act 1997 (c. 44). Back [9]