Regulation 9 Arrangements for authorised individuals for the purposes of entering and viewingI1

England and Wales Not yet in force

(1)

The requirements referred to in regulation 8(5)(d) are that a relevant person must—

(a)

have a procedure for the making of decisions by the relevant person about who may be an authorised individual;

(b)

comply with the procedure referred to in sub-paragraph (a) as may be amended from time to time;

(c)

provide each authorised individual with written evidence of that individual’s authorisation;

(d)

ensure that only an individual to whom paragraph (2) applies may be an authorised individual.

(2)

This paragraph applies to an individual if—

(a)

a criminal records certificate under section 113A of the Police Act 1997 has been obtained in respect of that individual;

(b)

a person nominated by the relevant person (“nominated person”) has considered that certificate;

(c)

the nominated person is satisfied that the individual to whom that certificate refers is a suitable person for the purposes of entering and viewing, and observing the carrying-on of activities on, premises owned or controlled by a services-provider.

(3)

For the purposes of paragraph (2), the nominated person must not be the individual to whom the certificate refers.

Annotations

Commencement

I1: Reg. 9 in force at 1.4.2008, see reg. 1(2)