Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016
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Disclosure required for work | ||
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10. (1) Section 6 shall not apply where a person— | ||
(a) applies for, seeks or is offered any employment, activity or service specified in Schedule 2 (in this section referred to as “specified work”), | ||
(b) enters or proposes to enter into a contract of employment to do specified work, | ||
(c) applies to another person to do specified work on that other person’s behalf (whether or not in return for payment or any other consideration), or | ||
(d) enters or proposes to enter into a contract for services to do specified work. | ||
(2) Section 6 shall not apply in respect of a person— | ||
(a) who— | ||
(i) applies for, seeks or is offered relevant work or activities specified in Part 1 or 2 of Schedule 1 to the Act of 2012 (in this section referred to as “relevant work”), | ||
(ii) enters or proposes to enter into a contract of employment to do relevant work, | ||
(iii) applies to another person to do relevant work on that other person’s behalf (whether or not in return for payment or any other consideration), or | ||
(iv) enters or proposes to enter into a contract for services to do relevant work, | ||
and | ||
(b) who has a conviction, other than a conviction to which section 14A of the Act of 2012 applies. | ||
(3) In this section— | ||
“Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 ; | ||
“Civil Service” and “public service body” have the meanings they have in section 2 of the Public Service Management (Recruitment and Appointments) Act 2004 ; | ||
“contract of employment” means— | ||
(a) a contract of service or apprenticeship, or | ||
(b) any other contract whereby an individual agrees with another person, who is carrying on the business of an employment agency within the meaning of the Employment Agency Act 1971 , and is acting in the course of that business, to do or perform personally any work or service for a third person (whether or not the third person is a party to the contract). | ||
(4) In this section a reference to a person who applies for, seeks or is offered specified work or relevant work includes a reference to a person who applies for, seeks or is offered a new or different position that involves specified work or relevant work with his or her current employer. | ||
(5) For the purposes of subsection (4), the Civil Service and other public service bodies shall be deemed to be a single employer. |