Section 39 Local authorities: power to referF8

England and Wales

A local authority F1may provide F2DBS with any F3... information they hold relating to a person if the first and second conditions are satisfied.

I3(2)

The first condition is that the local authority thinks—

(a)

that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,

(b)

that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or

(c)

that the harm test is satisfied.

(3)

The harm test is that the person may—

(a)

harm a child or vulnerable adult,

(b)

cause a child or vulnerable adult to be harmed,

(c)

put a child or vulnerable adult at risk of harm,

(d)

attempt to harm a child or vulnerable adult, or

(e)

incite another to harm a child or vulnerable adult.

(4)

The second condition is that the local authority thinks—

(a)

that the person is F4or has been, or might in future be, engaged in regulated activity F5..., and

(b)

(except in a case where paragraph 1 F6or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list.

(5)

A local authority may provide DBS with any F7... information it holds relating to a person if—

(a)

the local authority think that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and

(b)

the condition in subsection (4) is satisfied.

(6)

For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.

(7)

“Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39).

Annotations

Textual amendments

F1: Word in s. 39(1) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(a)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
F2: 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)
F3: Word in s. 39(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(n)(bb)
F4: Words in s. 39(4)(a) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
F5: Words in s. 39(4)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(b)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(n)(bb)
F6: Words in s. 39(4)(b) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(b)(iii), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
F7: Word in s. 39(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(c), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(n)(bb)
F8: Word in s. 39 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 77(2)(d), 120 (with s. 97); S.I. 2012/2234, art. 2(n)

Commencement

I1: S. 39(1)(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(l)
I2: S. 39(1)(5) in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.
I3: S. 39(2)-(4)(6)(7) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.