House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10 May 2011
191

Protection of Freedoms Bill, continued

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

given by section 116A(7) of that Act,”.

National Health Service (Wales) Act 2006

72F
The National Health Service (Wales) Act 2006 is amended as follows.

72G
In section 72(3) (regulations as to general opthalmic services), in paragraph

(c), for the words from “section 113” to the end of the paragraph substitute

“section 113A of that Act, an enhanced criminal record certificate under

section 113B of that Act or up-date information within the meaning given by

section 116A(7) of that Act,”.

72H
In section 83(6) (regulations as to pharmaceutical services), in paragraph (i),

for the words from “section 113” to the end of the paragraph substitute “section

113A of that Act, an enhanced criminal record certificate under section 113B

of that Act or up-date information within the meaning given by section

116A(7) of that Act,”.

72I
In section 86(4) (persons authorised to provide pharmaceutical services), in

paragraph (c), for the words from “section 113” to the end of the paragraph

substitute “section 113A of that Act, an enhanced criminal record certificate

under section 113B of that Act or up-date information within the meaning

given by section 116A(7) of that Act,”.

72J
In section 105(3) (supplementary lists), in paragraph (g), for the words from

“section 113” to the end of the paragraph substitute “section 113A of that Act,

an enhanced criminal record certificate under section 113B of that Act or up-

date information within the meaning given by section 116A(7) of that Act,”.’.

James Brokenshire

120

Schedule  8,  page  133,  line  30,  at end insert—

‘Terrorism Act 2000 (Remedial)
The whole instrument.’.

Order 2011 (S.I. 2011/631)

Lynne Featherstone

201

Schedule  8,  page  133,  line  35,  at end insert—

‘In section 119—

(a)
in subsection (2), the words “or for the

purposes of section 24 of the Safeguarding

Vulnerable Groups Act 2006”, and

(b)
subsection (8)(c).

Section 119B(5)(d) and (e).’.

Lynne Featherstone

156

Schedule  8,  page  135,  line  16,  leave out ‘(2)(a) and (c)’ and insert ‘(2)(c)’.

Public Bill Committee: 10 May 2011
192

Protection of Freedoms Bill, continued

Lynne Featherstone

157

Schedule  8,  page  135,  line  31,  leave out from ‘In’ to ‘the’ in line 33 and insert

‘Schedule 3—

(a)
paragraph 19(1)(d),

(b)
in paragraph 19(6)’.

Lynne Featherstone

158

Schedule  8,  page  135,  line  35,  at end insert ‘, and

(c)
paragraph 24(8) and (9)’.

Lynne Featherstone

159

Schedule  8,  page  136,  line  30,  after ‘table,’, insert—

‘(aa)
in paragraph 3(1), paragraph (b) and the word “or” before it,’.

Lynne Featherstone

202

Schedule  8,  page  136,  line  33,  at end insert—

‘In Schedule 9, paragraph 14(7)(c).’.

Lynne Featherstone

236


Schedule  8,  page  136,  line  33,  at end insert—

‘Safeguarding Vulnerable Groups
In Article 2—

(Northern Ireland) Order 2007
(a)
in the first paragraph (2), the definition of

(S.I. 2007/1351 (N.I.11))
“institution of further education” and, in sub-

paragraph (b) of the definition of “personnel

supplier”, the words “or controlled”, and

(b)
paragraph (3).

Article 3.

Article 8(1)(a).

Article 9(4)(c) and (e).

Article 10(8)(a) and (c).

Article 11(5)(b) and (c).

Article 12.

Article 13(5)(b) and (c).

Articles 14 to 21.

In Article 22(1) and (2)—

(a)
the words “, 14, 15, 27, 31” and

(b)
the words “or Schedule 4”.

Article 23—

(a)
paragraphs (1), (3), (4), (6) and (7),

(b)
paragraph (8)(b) and (c), and

(c)
paragraph (9).

Article 24(2) to (7).

Articles 25 to 27 (and the italic cross-heading before

them).

Articles 28 to 31 (and the italic cross-heading before

them).

In Article 37—

(a)
paragraph (1)(b), and

(b)
paragraph (6).

In Article 38—

(a)
in paragraph (1), the words “or controlled

activity”, and

(b)
in paragraph (3)(a), the words “or

controlled”.

In Article 39—

(a)
paragraph (2)(b),

(b)
in paragraph (2)(d), the words “or

controlled”, and

(c)
in paragraphs (4) and (5), the words “or

controlled”.

In Article 41—

(a)
in paragraphs (1) and (5), the word

“prescribed”, and

(b)
in paragraph (4)(a), the words “or controlled

activity”.

In Article 43—

(a)
in paragraphs (1) and (5), the word

“prescribed”,

(b)
in paragraph (4)(a), the words “or controlled

activity”, and

(c)
paragraphs (4A) to (4C).

Article 46.

In Article 47—

(a)
in paragraphs (1) and (5), the word

“prescribed”,

(b)
in paragraph (4)(a), the words “or controlled

activity”, and

(c)
paragraph (6).

In Article 49—

(a)
paragraph (2)(b) to (e),

(b)
paragraph (3)(b) to (e), and

(c)
paragraph (5).

In Article 50(1)—

(a)
in sub-paragraph (a), the word “newly”, and

(b)
sub-paragraph (c) and the word “or” before

it.

In Article 51(1)—

(a)
in sub-paragraph (a), the word “newly”, and

(b)
sub-paragraph (c) and the word “or” before

it.

Article 53(5)(b).

In Article 56—

(a)
paragraph (2)(a),

(b)
in paragraph (3), sub-paragraph (b) (but not

the word “or” at the end of it),

(c)
in paragraph (4), sub-paragraph (b) (but not

the word “or” at the end of it), and

(d)
paragraph (5).

In Article 57(1)(c), the word “prescribed”.

In Schedule 1—

(a)
paragraph 19(1)(d),

(b)
in paragraph 19(6), the words from “which”

to “it is” and the words “or paragraph 20(2)”,

and

(c)
paragraph 24(8) and (9).

In Schedule 2—

(a)
paragraph 1(7),

(b)
paragraph 2(1)(d) and (2)(d),

(c)
paragraph 4,

(d)
paragraph 7(4),

(e)
in paragraph 7(5), the word “, (4)”,

(f)
paragraph 7(9),

(g)
paragraph 8, and

(h)
in paragraph 10(2), the words “or 7(1)(a),

(b), (c), (d) or (g)” and, in paragraph (b), the

words “or vulnerable adults (as the case may

be)”.

Schedules 3 and 4.

In Schedule 5—

(a)
in paragraph 1, entries 3, 4, 7, 8, 17 and 19 in

the table,

(b)
in paragraph 3(1), paragraph (b) and the

word “or” before it, and

(c)
paragraph 3(3).

In Schedule 6, paragraph 5 (including the italic cross-

heading before it).’.

Public Bill Committee: 10 May 2011
193

Protection of Freedoms Bill, continued

Public Bill Committee: 10 May 2011
194

Protection of Freedoms Bill, continued

Lynne Featherstone

160

Schedule  8,  page  136,  line  44,  at the beginning insert ‘Apprenticeships, Skills,

Children and Learning Act 2009’.

Lynne Featherstone

237


Schedule  8,  page  137,  line  9,  leave out ‘Section 89’ and insert ‘Sections 89, 90 and

92’.

Lynne Featherstone

238


Schedule  8,  page  137,  line  18,  after ‘it)’ insert ‘and Part 3’.

Lynne Featherstone

239


Schedule  8,  page  137,  line  26,  at end insert—

‘The Safeguarding Vulnerable
Articles 10, 24 and 25.

Groups (Regulated Activity,

Transitional Provisions and

Commencement No. 4) Order

(Northern Ireland) 2009 (S.R.

304/2009)

The Safeguarding Vulnerable
Article 7(4).’.

Groups (Miscellaneous

Provisions) Order (Northern

Ireland) 2009 (S.R. 305/2009)

Public Bill Committee: 10 May 2011
195

Protection of Freedoms Bill, continued

Lynne Featherstone

161

Schedule  8,  page  137,  line  31,  leave out ‘to (7)’ and insert ‘and (6)’.

Lynne Featherstone

240


Schedule  8,  page  137,  line  40,  at end insert—

‘Safeguarding Vulnerable Groups
Articles 6, 9, 11, 14, 16, 17, 18, 19, 20 and 21.

(Regulated Activity, Devolution

Alignment and Miscellaneous

Provisions) Order (Northern

Ireland) 2010 (S.R. 30/2010)

Article 22(a) and the word “and” at the end of it.

Article 24.’.

Lynne Featherstone

203

Schedule  8,  page  138,  line  12,  at end insert—

‘Section 124(5).

In section 124A(1)(c), the words “or registered

person”.

Policing and Crime Act 2009
Section 93.’.

Lynne Featherstone

223


Clause  104,  page  82,  line  14,  after ‘of’ insert ‘, and sections (Establishment and

constitution of DBS) to (Transfer schemes in connection with orders under section

(Transfer of functions to DBS and dissolution of ISA)) and Schedule (Disclosure and

Barring Service) in,’.

James Brokenshire

224


Clause  105,  page  82,  line  23,  leave out paragraph (e) and insert—

‘(e)
Chapter 1 of Part 5 (excluding section (Corresponding amendments in

relation to Northern Ireland) and Schedule (Safeguarding of vulnerable

groups: Northern Ireland)),

(ea)
Chapter 2 of Part 5 (excluding section (Out of date references to

certificates of criminal records)),

(eb)
Chapter 3 of Part 5,’.

Public Bill Committee: 10 May 2011
196

Protection of Freedoms Bill, continued

James Brokenshire

225


Clause  105,  page  82,  line  25,  leave out ‘subsection’ and insert “subsections (1A),

(2), (4) and’.

James Brokenshire

226


Clause  105,  page  82,  line  26,  leave out ‘subsection’ and insert “subsections (2), (4)

and’.

James Brokenshire

227


Clause  105,  page  82,  line  28,  at end insert—

‘(1A)
The following provisions extend to England and Wales and Scotland only—

(a)
paragraph 72A(a) of Schedule 7, and

(b)
any provision which extends to England and Wales and Scotland only by

virtue of subsection (5) or (6).’.

James Brokenshire

228


Clause  105,  page  82,  line  29,  leave out from beginning to ‘to’ and insert ‘The

following provisions extend’.

James Brokenshire

229


Clause  105,  page  82,  line  29,  after ‘only’ insert ‘—

(a)
Part 2 of Schedule 1,

(b)
sections (Establishment and constitution of DBS) to (Transfer schemes in

connection with orders under section (Transfer of functions to DBS and

dissolution of ISA)) and Schedule (Disclosure and Barring Service)

(excluding paragraph 5(3) of that Schedule),

(c)
in Part 5 of Schedules 7 and 8, the amendments and repeals in respect of

the Police Act 1997 and paragraph 14(7)(c) of Schedule 9 to the

Safeguarding Vulnerable Groups Act 2006, and

(d)
any provision which extends to England and Wales and Northern Ireland

only by virtue of subsection (6).’.

James Brokenshire

230


Clause  105,  page  82,  line  30,  leave out from beginning to ‘to’ and insert ‘The

following provisions extend’.

James Brokenshire

231


Clause  105,  page  82,  line  30,  after ‘only’ insert ‘—

(a)
Parts 4 and 5 of Schedule 1, and

(b)
any provision which extends to Scotland only by virtue of subsection

(6).’.

James Brokenshire

232


Clause  105,  page  82,  line  31,  leave out from beginning to ‘to’ and insert ‘The

Public Bill Committee: 10 May 2011
197

Protection of Freedoms Bill, continued

following provisions extend’.

James Brokenshire

233


Clause  105,  page  82,  line  31,  after ‘only’ insert ‘—

(a)
Part 6 of Schedule 1,

(b)
section 62 and Schedule 6,

(c)
section (Corresponding amendments in relation to Northern Ireland) and

Schedule (Safeguarding of vulnerable groups: Northern Ireland),

(d)
in Part 5 of Schedules 7 and 8, the amendments, repeals and revocations

in respect of—

(i)
the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (S.I. 2007/1351 (N.I.11)) and any order made under that

Order,

(ii)
Part 3 of Schedule 5 to the Health Care and Associated

Professions (Miscellaneous Amendments and Practitioner

Psychologists) Order 2009 (S.I. 2009/1182), and

(iii)
sections 90 and 92 of the Policing and Crime Act 2009, and

(e)
any provision which extends to Northern Ireland only by virtue of

subsection (6).’.

James Brokenshire

234


Clause  105,  page  83,  line  1,  at end insert—

‘(da)
section (Out of date references to certificates of criminal records),

(db)
paragraph 5(3) of Schedule (Disclosure and Barring Service),’.

New Clauses

Out of date references to certificates of criminal records

Lynne Featherstone

NC16

To move the following Clause:—

‘In section 75(4) of the Data Protection Act 1998 (commencement of section 56

of that Act not to be earlier than the first day on which certain sections of the

Police Act 1997 relating to certificates of criminal records are all in force) for

“sections 112, 113 and 115” substitute “sections 112, 113A and 113B”.’.



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