Office of Public Sector Information
SCHEDULE 3 continued PART III
8. A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.
9.—(1) This paragraph applies if—
(a) a regulated activity provider permits B to engage in an activity that is regulated activity,
(b) B engages in the activity with the permission of that and another regulated activity provider (C), and
(c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.
(2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—
(a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and
(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.
(3) The confirmation is written confirmation—
(a) that C is appropriately registered in relation to B,
(b) that C has no reason to believe that B is barred from the activity,
(c) that C has no reason to believe that B is not subject to monitoring in relation to the activity, and
(d) that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 in connection with the enhanced criminal record certificate.
10.—(1) This paragraph applies if—
(a) a regulated activity provider permits B to engage in regulated activity,
(b) B is supplied by a personnel supplier, and
(c) the permission does not have continuous effect for a period exceeding the prescribed period.
(2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—
(a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and
(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.
(3) The confirmation is written confirmation—
(a) that the personnel supplier is appropriately registered in relation to B,
(b) that the personnel supplier has no reason to believe that B is barred from the activity,
(c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and
(d) that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.
11. In this Schedule “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 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 Article 113BB of that Act).
12. For the purposes of this Schedule an enhanced criminal record certificate is issued in relation to a regulated activity provider, or personnel supplier, 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, or
(b) the application was countersigned on his behalf by such a person.
13. For the purposes of this Schedule a regulated activity provider, or personnel supplier, is “appropriately registered” in relation to B if—
(a) he is registered in relation to B under Article 34,
(b) his registration relates to monitoring in relation to the activity that he has permitted or supplied B to engage in, and
(c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.
14. The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.
Article 16
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 Article 34,
(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 Article 20.
(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 2 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.
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007