National Vetting Bureau (Children and Vulnerable Persons) Act 2012

21.

Retrospective vetting.

21.— (1) Where, immediately before the commencement of this section, a relevant organisation—

( a) employs (whether under contract of employment or otherwise) a person to undertake relevant work or activities,

( b) enters into a contract for services with a person for the provision by the person of services that constitute relevant work or activities, or

( c) permits a person (whether or not for commercial or any other consideration) to undertake relevant work or activities on its behalf,

the organisation shall, where the person concerned has not previously been the subject of an application for F16 [ vetting disclosure under this Act or, a request made before the commencement of section 12 to the Garda Central Vetting Unit for vetting information in respect of the person concerned, ] not later than such period as may be prescribed, make an application for vetting disclosure (in this Act referred to as an “application for retrospective vetting disclosure”) in respect of that person.

(2) The Minister may, in relation to the period of time referred to in subsection (1)

( a) prescribe periods of time in respect of different relevant organisations or classes of relevant organisations, and

( b) prescribe different periods of time in respect of different circumstances or classes of circumstances or in relation to different types of relevant work or activities or classes of relevant work or activities.

(3) A person who F16 [ without reasonable excuse fails to comply with ] subsection (1) shall be guilty of an offence.

(4) This Part (other than section 12 ) shall, with any necessary modifications, apply to an application for retrospective vetting disclosure as it applies to an application for vetting disclosure under section 13 .

Annotations:

Amendments:

F16

Substituted (29.04.2016) by Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), s. 24(a), (b), S.I. No. 215 of 2016.

Editorial Notes:

E9

Power pursuant to section exercised (20.12.2017) by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Section 21) (Prescribed Period) (Amendment) Regulations 2017 (S.I. No. 610 of 2017).

E10

Power pursuant to section exercised (29.04.2016) by National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (Section 21) (Prescribed Period) Regulations 2016 (S.I. No. 223 of 2016).