- Status
- Amended (in force with amendments)
- Penalty ceiling
- Imprisonment 4 of 24 obligations carry imprisonment (5 years). 2 carry different penalties and 18 have no criminal penalty — flagged in the list below.
Does it bind you?
Business-side roles with duties under this instrument.
Plus 15 duties on the regulator, Crown ministers and public bodies — folded into the section list below.
Other Acts binding the same actors
If a role above is yours, these are the other instruments that most often bind it.
Any Person — also bound by 2340 other Acts
Distributor — also bound by 182 other Acts
Director or Officer — also bound by 429 other Acts
What it requires
Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.
Other duties (1) — Crown / regulator
- DBS must maintain barred lists and record prescribed informationStatutory regulator
- Allow barred person to engage in regulated activityAny Person
- Permit a barred person to carry out regulated activityAny Person
- Liability for safeguarding offence via director consent or neglectDirector or Officer
- Supply a barred individual for regulated activityAny Person
Other duties (1) — Crown / regulator
- DBS must cancel monitoring registrations upon request or specific triggersStatutory regulator
- Make false declaration in safeguarding applicationAny Person
Unlimited fine
- Refer workers who pose a safeguarding risk to the DBSDistributor
- Provide information to the DBS upon requestDistributor
- Fail to provide required DBS informationAny Person
Unlimited fine
Other duties (1) — Crown / regulator
- Local authorities must provide information to the DBS upon requestLocal authority
Other duties (1) — Crown / regulator
- DBS must request information from professional registers during barring reviewsStatutory regulator
Other duties (1) — Crown / regulator
- DBS must be provided with information by supervisory authorities on requestStatutory regulator
56 other provisions — procedural and definitional
Schedules
11 of 92 shownOther duties (1) — Crown / regulator
- ISA must keep and prepare annual accounts in the form set by the Secretary of StateStatutory regulator
Other duties (1) — Crown / regulator
- DBS must not bar on grounds already decided by Scottish authoritiesStatutory regulator
Other duties (1) — Crown / regulator
- DBS must assess all new information for barring decisionsStatutory regulator
Other duties (1) — Crown / regulator
- DBS must notify individuals when added to a barred listStatutory regulator
Other duties (1) — Crown / regulator
- DBS must review barred list inclusions upon application and remove if no longer appropriateStatutory regulator
Other duties (1) — Crown / regulator
- DBS must notify Secretary of State about barred individualsStatutory regulator
Other duties (1) — Crown / regulator
- DBS must inform Scottish Ministers when a person is barredStatutory regulator
Other duties (1) — Crown / regulator
- DBS must not bar a person already considered by a Scottish authority on the same groundStatutory regulator
- Consider guidance on supervision when deciding if someone is in regulated activity with childrenDistributor
Other duties (1) — Crown / regulator
- DBS must provide advice to the Secretary of State on barring decisionsStatutory regulator
Other duties (1) — Crown / regulator
- Orders creating criminal offences under paragraphs 2 or 3 must cap penalties at level 5Crown / Minister / Government department
81 other schedules
Help complying
Guvnor’s practical routes through this instrument.
Start a healthcare business
Launch a healthcare or social care business with CQC registration
Run a healthcare business
Ongoing compliance for CQC-registered healthcare providers covering inspections, professional registration, safeguarding, clinical governance, medicines management, and staff obligations
Respond to a CQC investigation or enforcement action
What to do if your healthcare or social care service faces CQC enforcement action. Covers understanding the type and severity of action, …
Starting a social care provider business
Step-by-step guide to starting a social care business — from choosing your regulator through workforce requirements to financial planning.
Operating care services across UK national borders
A learning path for care service providers operating or planning to operate across more than one UK nation. Covers the separate inspectorate …
Childcare Ofsted compliance quick check
Rapid compliance audit for Ofsted-registered childcare providers
DBS checks for employers
When and how to request Disclosure and Barring Service (DBS) checks for employees. Includes check types, fees, regulated activity rules, and devolved …
Mandatory hiring requirements
Every employer obligation from pre-hire through the first month of employment. Covers right to work checks, written statements of particulars, employers' liability …
Operating care services across UK nations: cross-border registration and compliance
Comprehensive guide for care providers operating in more than one UK nation. Covers separate registration requirements with each devolved inspectorate, workforce portability, …
Safer Recruitment for Childcare Settings
Step-by-step safer recruitment for childcare providers including DBS enhanced checks, disqualification declarations, reference checking, interview techniques, and maintaining staff suitability records.
9 more guides that reference this instrument
Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.