Power of other organisations to refer to IBB

‘(1) Any organisation may provide IBB with any prescribed information they hold relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the organisation thinks—

(a) that paragraph (1), (2), (6) or (7) of Schedule 2 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph (4) or (9) of Schedule 2) occurring after the commencement of this section, or

(c) that the harm test is satisfied.

(3) 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.

(4) The second condition is that the organisation thinks—

(a) that the person is engaged or may engage in regulated activity or controlled activity, and

(b) (except in a case where paragraph (1), (2), (6) or (7) of Schedule 2 applies) that IBB may consider it appropriate for the person to be included in a barred list.

(5) For the purposes of paragraphs (2)(b) or (c), it is immaterial whether there is a finding of fact in any proceedings.

(6) An organisation may provide IBB with any prescribed information they hold relating to a person if—

(a) an organisation thinks that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 9 of Schedule 2) occurring before the commencement of this section, and

(b) the condition in subsection (4) is satisfied.’.—[Annette Brooke.]

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