Section 43 Registers: provision of barring information to keepers of registersF8

England and Wales

F1(1)

Subsection (2) applies if—

(a)

F2DBS knows or thinks that a person (A) appears on a relevant register, and

(b)

either—

(i)

A is included in a barred list, or

(ii)

DBS is aware that A is subject to a relevant disqualification.

(2)

DBS must—

(a)

notify the keeper of the register of the circumstances mentioned in subsection (1)(b)(i) or (as the case may be) (ii), and

(b)

in the case where A is included in a barred list, provide the keeper of the register with such of the information on which DBS relied in including A in the list as DBS considers—

(i)

to be relevant to the exercise of any function of the keeper, and

(ii)

otherwise appropriate to provide.

I1(3)

Subsection (4) applies if the keeper of a relevant register applies to DBS to ascertain in relation to a person (A) whether—

(a)

A is included in a barred list, or

(b)

DBS is aware that A is subject to a relevant disqualification.

(4)

DBS must notify the keeper of the register as to whether the circumstances are as mentioned in subsection (3)(a) or (as the case may be) (b).

(5)

DBS may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as DBS considers appropriate.

(5A)

Subsection (5B) applies if—

(a)

a keeper of a register has applied to F3DBS to be notified in relation to a person (A) if—

(i)

A is included in a barred list, or

(ii)

DBS is aware that A is subject to a relevant disqualification, and

(b)

the application has not been withdrawn.

(5B)

DBS must notify the keeper of the register if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii).

(5C)

For the purposes of subsection (5A)(b) an application is withdrawn if—

(a)

the keeper of the register notifies F4DBS that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii) in relation to A, or

(b)

DBS cancels the application on either of the following grounds—

(i)

that the keeper has not answered, within such reasonable period as was required by DBS, a request from DBS as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii), or

(ii)

that A neither appears in the register nor is being considered for inclusion in the register.

(5D)

A keeper of a relevant register may apply for information under this section, or to be notified under this section, in relation to a person (A) only if—

(a)

A appears in the register, or

(b)

A is being considered for inclusion in the register.

(5E)

The duties in subsections (2), (4) and (5B) do not apply if DBS F5... is satisfied that the keeper of the register already has the information concerned.

(5F)

F6DBS may determine the form, manner and contents of an application for the purposes of this section.

(5G)

In this section relevant information is information—

(a)

which—

(i)

relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and

(ii)

is relevant to the exercise of any function of the keeper of the register, but

(b)

which is not—

(i)

information that the circumstances are as mentioned in subsection (1)(b)(i) or (ii) in relation to a person,

(ii)

any information provided under subsection (2)(b), or

(iii)

information falling within paragraph 19(5) of Schedule 3.

(5H)

The Secretary of State may by order amend subsection (5G).

I2(6)

In this section—

(a)

a relevant register is a register appearing in column 1 F7... of the table in section 41(7), and

(b)

in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

I3 I4(7)

A person is subject to a relevant disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to a barred list.

Annotations

Textual amendments

F1: S. 43(1)-(5H) substituted for s. 43(1)-(5) (10.9.2012 immediately after S.I. 2012/2157 comes into force, but only in so far as it substitutes s. 43(3)-(5) and inserts new s. 43(5D)-(5H) and otherwise prosp.) by Protection of Freedoms Act 2012 (c. 9), ss. 75(3), 120 (with s. 97); S.I. 2012/2234, art. 2(k)
F2: Word in s. 43 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(c) (with Pt. 4)
F3: Word in s. 43(5A)(5B) 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(d) (with Pt. 4)
F4: Word in s. 43(5C) 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(d) (with Pt. 4)
F5: Words in s. 43(5E) 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), 54 (with Pt. 4)
F6: Word in s. 43(5F) 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(d) (with Pt. 4)
F7: Words in s. 43(6)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(4), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(l)(bb)
F8: Words in s. 43 heading substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 75(5), 120 (with s. 97); S.I. 2012/2234, art. 2(l)

Commencement

I1: S. 43(3)-(5) in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(h)
I2: S. 43(6) in force at 10.9.2012 by S.I. 2012/2231, art. 2(a)
I3: S. 43(7) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(g)
I4: S. 43(7) in force at 10.9.2012 in so far as not already in force by S.I. 2012/2231, art. 2(b)