Regulations 3-11 and 13
1. The following information relating to P or, for the purposes of regulation 13, the person referred to in that regulation, namely—
(a) full name and title;
(b) any other name or names by which P or a person referred to in regulation 13 may be known;
(c) date of birth;
(d) national insurance number;
(e) gender;
(f) last known address (including postcode); and
(g) the unique number allocated by the Secretary of State in relation to an application to be monitored under section 24 of the Act.
2. A description of the regulated or controlled activity that P is, or was, engaged in.
3. Information as to whether or not P is included in any relevant register as defined in section 41(7) of the Act or any register established and maintained by a supervisory authority and, if so, details of the relevant entries in any such register.
4. Information (including copies of relevant documents) relating to P’s employment, namely—
(a) the application for employment made by P and the letter of appointment;
(b) P’s job description including the position held and the duties undertaken by P;
(c) the date on which P started the employment;
(d) P’s qualifications, employment history and disciplinary record;
(e) details of any relevant training undertaken by P;
(f) whether or not P is still employed and if so, P’s current job description and a description of P’s duties;
(g) if P is no longer employed, the date from which and the circumstances in which P ceased to be so employed;
(h) the reasons why permission was withdrawn for P to engage in the regulated or controlled activity in question or, where such permission was not withdrawn (but would or might have been withdrawn had P not otherwise ceased to engage in the activity), the reasons why such permission would have or might have been withdrawn.
5. Information relating to P’s conduct, (including copies of relevant documents), namely—
(a) a summary of the conduct including details of the setting and location in which such conduct occurred;
(b) details of any harm suffered by any child or vulnerable adult resulting from or arising from the conduct or any risk of harm that a child or vulnerable adult was, or may have been, exposed to as a result of such conduct;
(c) details, as follows, of any child or vulnerable adult referred to in sub-paragraph (b) above—
(i) the name and date of birth of the child or vulnerable adult;
(ii) details of the relationship between P and the child or vulnerable adult;
(iii) information relating to the vulnerability of the child or vulnerable adult that may be relevant to IBB’s consideration of whether to include or remove P in or from a barred list including any emotional, behavioural, medical or physical condition;
(d) whether P has accepted responsibility for or admitted the conduct or any part of it;
(e) any explanation offered by P for the conduct or any remorse or insight demonstrated by P in relation to the conduct;
(f) any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in or removed from a barred list including information relating to any previous offences, allegations, incidents, behaviour or other acts or omissions.
6. Information relating to the reason why the person providing information to IBB under sections 35, 36, 39, 41 or 45 of the Act considers that the harm test is satisfied in relation to P.
7. Details of any investigation undertaken by any person in relation to P’s conduct including—
(a) the evidence and information obtained and considered in any such investigation;
(b) the outcome of the investigation, if known; and
(c) contact details (including a name, address, telephone number and e-mail address) of any person responsible for the investigation.
8. Details of any disciplinary proceedings or measures taken, or to be taken, in relation to P’s conduct including—
(a) the evidence and information obtained and considered in such proceedings or with respect to such measures; and
(b) the outcome of any disciplinary proceedings or measures taken including a copy of any decision or other document evidencing the outcome of such action.
9. Details of any other proceedings before any court, tribunal or any other person taken or to be taken in relation to P’s conduct including the outcome of any such proceedings.
10. Details of any action taken, or to be taken, by the person referring or providing information under the Act to the IBB in relation to P’s conduct including whether or not the matter has been referred to the police or to any other person.
(This note is not part of the Regulations)
These Regulations prescribe the information that, in specified circumstances, must be provided to the Independent Barring Board (“IBB”) under various provisions in the Safeguarding Vulnerable Groups Act 2006 (“the Act”) and the information that may be provided to IBB in other circumstances. In brief, the duties and powers to provide information arise where it may be appropriate for a person to be considered by IBB for inclusion in one or both of the barred lists established under section 2 of the Act or where IBB is considering removing a person from a barred list.
A duty to refer the prescribed information or to provide such information following a request from IBB is placed on regulated activity providers, responsible persons, personnel suppliers, local authorities, keepers of relevant registers and supervisory authorities. The circumstances in which such duties arise are set out in sections 35, 36, 37, 39, 40, 41, 42, 45 and 46 of the Act.
The Regulations also include details that must be provided to IBB under paragraph 19(1)(b) of Schedule 3 to the Act (namely prescribed details of cautions and convictions). This duty falls on any person who holds records of convictions or cautions for the use of police forces generally.
In addition, the Regulations prescribe the information that IBB must provide to the Secretary of State under paragraph 21 of Schedule 3 to the Act in circumstances in which it includes a person on a barred list, is considering doing so or where IBB thinks that any of the criteria prescribed for the purposes of paragraphs 1, 2, 7 or 8 of Schedule 3 to the Act (i.e. criteria leading to automatic inclusion in a barred list) are satisfied with respect to a person and that the Secretary of State does not already have this information.
Regulations 5, 7, 9, 11 and 12 will be come into force on 20th January 2009 to assist IBB to exercise functions under transitory provisions that will see IBB start to make barring decisions in relation to individuals who would formerly have been referred to the Secretary of State. This is one of the steps towards the full implementation of the vetting and barring scheme under the Act. The remaining regulations will come into force on 12th October 2009.