Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016

Disclosure required for work

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.