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Section 49 Supervisory authorities: notification of barring &c. in respect of vulnerable adults

England and Wales

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

(1)

This section applies if—

(a)

a person is F1... included in the adults' barred list,

(b)

F2DBS becomes aware that a person is subject to a relevant adults' disqualification, F3...

(c)

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

(2)

F4DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a) F5or (b) (as the case may be) of subsection (1).

(3)

A supervisory authority is an interested supervisory authority only if—

(a)

it has applied to F6DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and

(b)

the application has not been withdrawn.

(4)

A supervisory authority may apply to F7DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).

(5)

For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies F8DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.

I1(6)

A person is subject to a relevant adults' 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 the adults' barred list.

I2(7)

The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.

(8)

F9DBS may F10determine the form, manner and contents of an application for the purposes of this section.

Annotations

Textual amendments

F1

Word in s. 49(1)(a) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(a)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

F2

Word in s. 49(1) 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(g) (with Pt. 4)

F3

S. 49(1)(c) and preceding word repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(a)(v), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

F4

Word in s. 49(2) 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(g) (with Pt. 4)

F5

Words in s. 49(2) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(b), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

F6

Word in s. 49(3) 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(g) (with Pt. 4)

F7

Word in s. 49(4) 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(g) (with Pt. 4)

F8

Word in s. 49(5) 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(g) (with Pt. 4)

F9

Word in s. 49(8) 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(g) (with Pt. 4)

F10

Word in s. 49(8) substituted (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 76(4)(f), 120 (with s. 97); S.I. 2012/2234, art. 2(m)

Commencement

I1

S. 49(6) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(l)

I2

S. 49(7)(8) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(u)