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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
  Version 2 of 2    

184. Prohibition of requirement to produce relevant records

(1) It is an offence for a person ("P1") to require another person to provide P1 with, or give P1 access to, a relevant record in connection with -

(a) the recruitment of an employee by P1,

(b) the continued employment of a person by P1, or

(c) a contract for the provision of services to P1.

(2) It is an offence for a person ("P2") to require another person to provide P2 with, or give P2 access to, a relevant record if -

(a) P2 is involved in the provision of goods, facilities or services to the public or a section of the public, and

(b) the requirement is a condition of providing or offering to provide goods, facilities or services to the other person or to a third party.

(3) It is a defence for a person charged with an offence under subsection (1) or (2) to prove that imposing the requirement -

(a) was required or authorised by an enactment, by a rule of law or by the order of a court or tribunal, or

(b) in the particular circumstances, was justified as being in the public interest.

Comparing proposed amendment...