Working with Vulnerable People (Background Checking) Act 2011
46Notice of conditional registration
Start here
Get a plain-English read of 46
Turn the raw legal text into a practical explanation grounded in Working with Vulnerable People (Background Checking) Act 2011.
46 Notice of conditional registration (1) The commissioner must register a person subject to a condition if the commissioner gives the person a proposed conditional registration notice and— (a) the person does not tell the commissioner that the person intends to ask the commissioner to reconsider the decision under section 44 (1) (a); or (b) the person— (i) tells the commissioner that the person intends to ask the commissioner to reconsider the decision under section 44 (1) (a); but (ii) does not ask the commissioner to reconsider the decision under section 44 (1) (b). Note The commissioner must also register a person subject to a condition if the commissioner has reconsidered the decision and is satisfied that the condition is necessary (see s 44 (3) (b)). (2) If a registration is subject to a condition, the commissioner must— (a) register the person; and (b) tell the person, in writing— (i) of the positive risk assessment; and (ii) that the person is registered subject to a condition including— (A) what the condition is; and (B) the reasons for the condition; and (iii) the person’s unique identifying number; and (iv) the day the registration ends; and (v) anything else prescribed by regulation; and
(c) tell the named employer (if any) in writing— (i) that the person’s registration is conditional; and (ii) what the condition is. (3) For subsection (2) (c), the commissioner must not, without the person’s consent, tell the named employer the reasons for the condition.