Article 6 Duty to provide information to the Scottish Ministers on requestI1

United Kingdom

(1)

This article applies if the Scottish Ministers are considering—

(a)

whether to include any person (“P”) in a list kept under section 1(1) of the 2007 Act;

(b)

whether to remove P from such a list.

(2)

The Scottish Ministers may require—

(a)

any regulated activity provider (within the meaning of section 6 of the 2006 Act) who has made arrangements for P to engage in regulated activity (whether or not the arrangements are still in place); or

(b)

any responsible person (within the meaning of section 23 of the 2006 Act) who permits or has permitted P to engage in controlled activity,

to provide them with any information prescribed for the purposes of section 37(2)(a) and (b) of the 2006 Act which that person holds relating to P.

(3)

The Scottish Ministers may require any personnel supplier (within the meaning of section 60 of the 2006 Act) which is an employment agency or employment business and which acts for or has acted for P to provide them with any information prescribed for the purposes of section 37(2)(c) of the 2006 Act which that person holds relating to P.

(4)

For the purposes of paragraph (3)—

(a)

an employment agency acts for P if it makes arrangements with P with a view to—

(i)

finding P relevant employment with an employer; or

(ii)

supplying P to employers for relevant employment by them;

(b)

relevant employment is employment which consists in or involves engaging in regulated or controlled activity; and

(c)

an employment business acts for P if it employs P to engage in regulated or controlled activity for and under the control of other persons.

(5)

The Scottish Ministers may require any personnel supplier which is an educational institution (within the meaning of section 60 of the 2006 Act) and which has supplied P to another person for P to engage in regulated or controlled activity to provide them with any information prescribed for the purposes of section 37(2)(d) of the 2006 Act which that person holds relating to P.

(6)

In this article, “controlled activity” and “regulated activity” have the same meanings as in the 2006 Act^f1 and “employment” has the same meaning as in the Employment Agencies Act 1973^f2.

Annotations

Commencement

I1: Art. 6 in force at 28.2.2011, see art. 1

Footnotes

f1: Sections 21 and 22 of the Safeguarding Vulnerable Groups Act 2006 (c.47) provide the meaning of controlled activity; Schedule 4 to that Act provides the meaning of regulated activity.
f2: 1973 c.35.