OpenLegislation

Paragraph 19 I1I2C1C2C3C4

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

F1DBS may require—

(a)

any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies F2or appears to apply;

I3(b)

any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs F3applies or appears to apply;

(c)

the F4relevant chief officer to provide to it any such relevant information;

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records F6reasonably believes to be relevant in relation to the regulated activity concerned.

(3)

For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the F7relevant chief officer reasonably believes to be relevant in relation to the regulated activity concerned.

(4)

DBS must pay to the appropriate F8local policing body such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c).

(5)

For the purpose of deciding under this Schedule whether or not a person is included in a barred list DBS must not take account of relevant police information if the F9relevant chief officer thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.

(6)

In sub-paragraph (5) relevant police information is information F10... obtained by DBS in pursuance of sub-paragraph (1)(c) F11....

(7)

In this paragraph—

  • “caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);

  • F12 “ the relevant chief officer ” means any chief officer of a police force who is identified by F13DBS for the purposes of this paragraph;

F14(7A)

Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.

F15(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Word in Sch. 3 paras. 13-21 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(f)(vii) (with Pt. 4)

F2

Words in Sch. 3 para. 19(1)(a) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F3

Words in Sch. 3 para. 19(1)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(ii), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F4

Words in Sch. 3 para. 19(1)(c) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(2) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F5

Sch. 3 para. 19(1)(d) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(a)(iii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F6

Words in Sch. 3 para. 19(2)(3) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(b), 120 (with s. 97); S.I. 2012/2234, art. 2(g)

F7

Word in Sch. 3 para. 19(3) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(3) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F8

Words in Sch. 3 para. 19(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 361; S.I. 2011/3019, art. 3, Sch. 1

F9

Words in Sch. 3 para. 19(5) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F10

Words in Sch. 3 para. 19(6) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(c)(i), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F11

Words in Sch. 3 para. 19(6) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 70(1)(c)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(g)(bb)

F12

Definition in Sch. 3 para. 19(7) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(5) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F13

Word in Sch. 3 para. 19(7) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 48(i) (with Pt. 4)

F14

Sch. 3 para. 19(7A) inserted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 129(6) (with s. 97); S.I. 2012/2234, art. 2(aa)(xiv)

F15

Sch. 3 para. 19(8) omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 60 (with Pt. 4)

Modifications

C1

Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5

C2

Sch. 3 para. 19 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 (S.I. 2025/827), arts. 1(1), 2, Sch.

C3

Sch. 3 para. 19 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Safeguarding Vulnerable Groups Act 2006 (Jersey) Order 2025 (S.I. 2025/825), arts. 1(1), 2, Sch.

C4

Sch. 3 para. 19 extended (Isle of Man) (with modifications) (10.7.2025) by The Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025 (S.I. 2025/824), arts. 1(1), 2, Sch.

Commencement

I1

Sch. 3 para. 19 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I2

Sch. 3 para. 19 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(k)

I3

Sch. 3 para. 19(1)(b) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(v)

Notes on Part 3

Modifications

C1

Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)

C2

Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)