National Vetting Bureau (Children and Vulnerable Persons) Act 2012

13.

Applications for vetting disclosure and who may apply.

13.— (1) An application for vetting disclosure in respect of a person shall be made by a liaison person for a relevant organisation.

F8 [ (2) A relevant organisation may submit an application for vetting disclosure under this section on its own behalf or on behalf of another relevant organisation that the organisation represents for the purposes of the vetting procedures under this Act and, where a relevant organisation submits an application on behalf of another relevant organisation, it shall

(a) inform the Bureau of that fact and provide the Bureau with the particulars referred to in section 8(5) , and

(b) provide or make available, in written or electronic form, a copy of the vetting disclosure received from the Bureau to the relevant organisation that it represents or on whose behalf the application for vetting was made. ]

(3) Without prejudice to the generality of subsection (2), an application for vetting disclosure in respect of a person who is self-employed shall be made by—

( a) a relevant organisation that intends to enter into a contract for services of the person,

( b) a relevant organisation referred to in paragraph (c) of the definition of relevant organisation, or

( c) a relevant organisation referred to in paragraph (d) of the definition of relevant organisation.

(4) An application under this section for vetting disclosure in respect of a person shall—

( a) be in such form as may be specified by the Bureau,

( b) include the information specified in subsection (5) in relation to the person,

( c) identify the relevant work or activity to which the application relates,

( d) include, in such form as may be specified by the Bureau, a declaration that the applicant is a liaison person for a relevant organisation and is authorised by the organisation to seek vetting disclosure in respect of the person,

( e) subject to subsection (6), include, in such form as may be specified by the Bureau, a declaration (in this Act referred to as a “declaration of consent”) by the person that he or she consents to the making of the application and to the disclosure of information by the Bureau to the liaison person for the purposes of this Act, and

( f) be accompanied by such fee (if any) as may be prescribed.

(5) The following information is specified for the purposes of subsection (4)(b) in relation to a person in respect of whom an application for vetting disclosure is made:

( a) his or her name and, where he or she also uses one or more other names, each of those names;

( b) in a case where he or she has a former name, including where appropriate, a maiden name, that name or each of them, as the case may be;

( c) his or her gender;

( d) his or her mother’s maiden name;

( e) his or her address;

( f) his or her previous addresses (if any);

( g) his or her date of birth;

( h) his or her place of birth;

( i) his or her nationality (if known);

( j) his or her Passport Number (if available);

( k) his or her personal identification number (if any);

F9 [ ( l ) subject to subsection (6A) , in a case where he or she has a criminal record, particulars of such record; ]

( m) such other information as the Bureau may reasonably require for the performance of its functions under this Act.

(6) If a person in respect of whom an application for vetting disclosure is made under this section is under 18 years of age, a declaration under subsection (4) (e) may be made on his or her behalf by a parent or guardian of the person.

F10 [ (6A) A person shall not be obliged to provide details of any convictions to which section 14A applies. ]

(7) In this section “self employed person” means a person who works for profit or gain otherwise than under a contract of employment.