OpenLegislation

Section 37 Regulated activity providers: duty to provide information on request &c.I1I2

England and Wales

(1)

This section applies if F1DBS is considering—

(a)

whether to include any person in a barred list;

(b)

whether to remove any person from a barred list.

I3(2)

DBS may require—

(a)

any regulated activity provider who has made arrangements for that person to engage in regulated activity (whether or not the arrangements are still in place),

F2(b)

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

(c)

any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or

(d)

any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated F3... activity,

to provide DBS with any prescribed information he or it holds relating to the person.

(3)

An employment agency acts for a person if it makes arrangements with him with a view to—

(a)

finding him relevant employment with an employer, or

(b)

supplying him to employers for relevant employment by them.

(4)

Relevant employment is employment which consists in or involves engaging in regulated F4... activity.

(5)

An employment business acts for a person if it employs him to engage in regulated F5... activity for and under the control of other persons.

(6)

In this section “employment” has the same meaning as in the Employment Agencies Act 1973 (c. 35).

Annotations

Textual amendments

F1

Word in ss. 35-42 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(b) (with Pt. 4)

F2

S. 37(2)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(2)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

F3

Words in s. 37(2)(d) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(2)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

F4

Words in s. 37(4) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(3), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

F5

Words in s. 37(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 63(4), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

Commencement

I1

S. 37 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(d)

I2

S. 37 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(e)

I3

S. 37(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(k)