Section 208 Application of section 205 to specified law enforcement employerI1I2

The duties in section 205(1) and (2) apply in relation to a specified law enforcement employer only to the extent that the proposed employee or proposed appointee will be involved in the exercise of specified law enforcement functions.

The additional duties in subsections (3) and (4) apply where a specified law enforcement employer is proposing to arrange for an existing employee or existing appointee to become involved in the exercise of specified law enforcement functions (not having previously been so involved).

Before making the arrangement, the specified law enforcement employer must check each barred list to ascertain whether the existing employee or existing appointee is a barred person.

The specified law enforcement employer may not arrange for an existing employee or existing appointee who is a barred person to become involved in the exercise of specified law enforcement functions.

For the purposes of this section, a person who is seconded to work for a specified law enforcement employer is to be regarded as an existing appointee of that person (if not an existing employee).

In relation to a specified law enforcement employer, section 205(6) applies as if the references to law enforcement functions were to specified law enforcement functions.

In this section—

• “specified law enforcement employer” means a person who is specified as a law enforcement employer in regulations under section 206(1)(k);

• “specified law enforcement functions” means the law enforcement functions in relation to the exercise of which the person is specified.