Sex Offenders Act 2001

Failure to inform employer, etc., of sexual offence conviction.

26

26. —(1) In this section “relevant work” means work or a service (including State work or a service) a necessary and regular part of which consists, mainly, of the person referred to in subsection (3), (5) or (6) having unsupervised access to, or contact with, a child or children or a mentally impaired person or persons.

(2) A person referred to in subsection (3) shall be guilty of an offence if he or she—

(a) applies to another person to be employed by that person to do relevant work,

(b) enters into a contract of employment to do relevant work,

(c) applies to another person to do relevant work on that other person's behalf (whether in return for payment or for any other consideration or not), or

(d) enters into a contract for services to do relevant work, without, during the course of the application or before entering into the contract, informing the other person or the other party to the contract of the fact that he or she has been convicted of the offence referred to in subsection (3).

(3) The person mentioned in subsection (2) is a person who has been convicted, before or after the commencement of this Part, either—

(a) in the State of a sexual offence, or

(b) in a place outside the State of an offence and the act constituting that offence would, if done in the State, constitute a sexual offence (within the meaning of this Act) under the law of the State.

(4) In proceedings for an offence under subsection (2) it shall be a defence for the accused to prove that he or she neither knew nor could reasonably be expected to have known that the work to which the application or contract referred to in subsection (2) related was relevant work (within the meaning of this section).

(5) A person convicted, before or after the commencement of this Part, of an offence referred to in subsection (3) who—

(a) does a thing referred to in any of paragraphs (a) to (d) of subsection (2) (and, in the case of paragraph (a) or (c) of that subsection, commences to do the work concerned), and

(b) at the time he or she does such a thing, neither knows nor can reasonably be expected to know that the work concerned is relevant work (within the meaning of this section),

shall inform the other person or the other party to the contract referred to in subsection (2) of the fact that he or she has been convicted of that offence as soon as may be after he or she becomes aware of the fact that the work concerned is relevant work.

(6) A person who—

(a) does a thing referred to in any of paragraphs (a) to (d) of subsection (2) (and, in the case of paragraph (a) or (c) of that subsection, commences to do the work concerned), and

(b) is subsequently convicted of an offence referred to in subsection (3),

shall, unless, at the time of the conviction, the work he or she has applied to do is wholly completed or the contract he or she has entered into has expired or ceased to be in force, inform the person on whose behalf the work is being done or the other party to the contract, as soon as may be after the conviction, of the fact that he or she has been so convicted.

(7) A person who fails to comply with subsection (5) or (6) shall be guilty of an offence.

(8) A person guilty of an offence under subsection (2) or (7) shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or imprisonment for a term not exceeding 5 years or both.