Local authority information and referrals

39Local authorities: F1power to refer

I1I21

A local authority F2may provide F8DBS with any F3... information they hold relating to a person if the first and second conditions are satisfied.

I32

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.

I33

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.

I34

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 F8DBS may consider it appropriate for the person to be included in a barred list.

I1I25

A local authority may provide F8DBS 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.

I36

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.

I37

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