Article 39 Regulated activity providers: duty to provide information on request etc.I1

Northern Ireland

(1)

This Article 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.

(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 Article “employment” has the same meaning as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20).

Annotations

Textual amendments

F1: Word in arts. 37-44 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), 6(b) (with Pt. 4)
F2: Art. 39(2)(b) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(2)(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)
F3: Words in art. 39(2)(d) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)
F4: Words in art. 39(4) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(3), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)
F5: Words in art. 39(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

Commencement

I1: Art. 39 wholly in operation; art. 39 not in operation at date of making see art. 1(3); art. 39 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(e); art. 39(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(k); art. 39 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(c)