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| | Protection of Freedoms Bill
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| | [fifteenth and sixteenth sittings]
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| | Clause 64, page 46, line 33, leave out ‘falling within’ and insert ‘which is a |
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| | regulated activity relating to vulnerable adults by virtue of’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 65, page 47, line 5, leave out ‘or community care services’. |
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| | Clause 65, page 47, leave out lines 10 to 13. |
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| | Clause 65, page 47, leave out lines 16 to 21. |
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| | Clause 65, page 47, line 38, at end insert— |
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| | | ‘(3ZA) | Any reference in this Part of this Schedule to health care provided by, or under |
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| | | the direction or supervision of, a health care professional includes a reference |
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| | | to first aid provided to an adult by any person acting on behalf of an |
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| | | organisation established for the purpose of providing first aid.’. |
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| | Clause 65, page 47, line 50, leave out ‘or’. |
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| | Clause 65, page 48, line 6, at end insert ‘, or |
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| | | (c) | any form of training, instruction, advice or guidance which— |
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| | | (i) | relates to the performance of any of the activities listed in |
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| | | (ii) | is given to a person who is in need of it by reason of age, |
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| | | illness or disability, and |
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| | | (iii) | does not fall within paragraph (b)’. |
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| | Clause 65, page 48, leave out lines 10 and 11. |
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| | Clause 65, page 48, line 13, leave out from ‘to’ to end of line 15 and insert ‘the |
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| | running of the household of the person concerned where the assistance is the carrying out |
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| | of one or more of the following activities on behalf of that person— |
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| | | (a) | managing the person’s cash, |
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| | | (b) | paying the person’s bills, |
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| | Clause 65, page 48, line 31, leave out second ‘or’. |
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| | Clause 65, page 48, line 35, at end insert ‘, or |
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| | | (f) | the appointment of a representative to receive payments on behalf of |
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| | | the person in pursuance of regulations made under the Social Security |
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| | | Administration Act 1992’. |
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| | | Clause, as amended, Agreed to. |
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| | | Clause 66 Agreed to on division. |
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| | | Clauses 67 to 69 Agreed to. |
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| | | Negatived on division 166 |
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| | Clause 70, page 53, line 28, at end insert— |
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| | | ‘(4) | The sponsor of any individual engaged in regulated activity as listed in the |
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| | | Safeguarding Vulnerable Groups Act 2006 will be informed as to whether that |
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| | | individual is on a barred list held by the Independent Safeguarding Authority.’. |
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| | Clause 71, page 56, line 5, leave out ‘After paragraph 3(1)’ and insert ‘Omit |
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| | Clause 71, page 56, line 7, leave out from beginning to end of line 11 and insert |
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| | ‘and the word “or” before it.’ |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 72 and 73 Agreed to. |
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| | Clause 74, page 59, line 16, leave out from ‘appropriate’ to end of line 17. |
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| | Clause 74, page 60, line 15, leave out ‘the’ and insert ‘a’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 75, page 62, line 34, before ‘of’ insert ‘or’. |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 76, page 63, line 19, after ‘officer’, insert ‘, |
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| | | (d) | any prescribed purpose’. |
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| | Clause 76, page 63, line 19, at end insert— |
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| | | ‘(4) | After section 50A(1) of that Act insert— |
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| | | “(1A) | ISA must, for use for any of the purposes mentioned in subsection (1), |
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| | | provide to any chief officer of police who has requested it information as |
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| | | to whether a person is barred. |
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| | | (1B) | ISA may, for use for the purposes of the protection of children or |
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| | | vulnerable adults, provide to a relevant authority any information which |
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| | | ISA reasonably believes to be relevant to that authority. |
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| | | (1C) | ISA must, for use for the purposes of the protection of children or |
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| | | vulnerable adults, provide to any relevant authority who has requested it |
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| | | information as to whether a person is barred.” |
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| | | (5) | After section 50A(3) of that Act insert— |
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| | | “(4) | In this section “relevant authority” means— |
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| | | (a) | the Secretary of State exercising functions in relation to prisons, |
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| | | (b) | a provider of probation services (within the meaning given by |
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| | | section 3(6) of the Offender Management Act 2007).”’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 77, page 63, line 24, at beginning insert— |
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| | | ‘(1) | Omit section 93 of the Policing and Crime Act 2009 (which, if commenced, |
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| | | would insert section 112(2A) into the Police Act 1997 requiring copies of certain |
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| | | criminal conviction certificates to be given to employers etc.). |
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| | Clause 77, page 63, line 24, at beginning insert ‘(1)’. |
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| | | Negatived on division 208 |
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| | Clause 77, page 63, line 25, leave out paragraph (a). |
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| | | Negatived on division 209 |
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| | Clause 77, page 63, line 27, leave out ‘(b)’ and insert ‘(a)’. |
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| | | Negatived on division 210 |
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| | Clause 77, page 63, leave out lines 27 to 29. |
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| | Clause 77, page 63, line 29, at end add— |
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| | | section 113(A)(2)(b) of the Police Act insert “and whether this exempted |
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| | | question relates to work with children or the care of vulnerable adults or |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 79, page 64, line 22, leave out ‘117(2)’ and insert ‘117(1)’. |
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| | Clause 79, page 64, leave out lines 23 to 31 and insert— |
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| | | ‘“(1A) | Where any person other than the applicant believes that the information contained |
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| | | in a certificate under any of sections 112 to 116 is inaccurate, that person may |
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| | | make an application to the Secretary of State for a decision as to whether or not |
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| | | the information is inaccurate.” |
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| | | (5) | After section 117 of that Act insert— |
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| | | “117A | Other disputes about section 113B(4) information |
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| | | (1) | Subsection (2) applies if a person believes that information provided in |
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| | | accordance with section 113B(4) and included in a certificate under |
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| | | (a) | is not relevant for the purpose described in the statement under |
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| | | section 113B(2) or (as the case may be) 116(2), or |
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| | | (b) | ought not to be included in the certificate. |
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| | | (2) | The person may apply to the independent monitor appointed under |
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| | | section 119B for a decision as to whether the information is information |
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| | | which falls within subsection (1)(a) or (b) above. |
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| | | (3) | The independent monitor, on receiving such an application, must ask |
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| | | such chief officer of a police force as the independent monitor considers |
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| | | appropriate to review whether the information concerned is information |
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| | | (a) | the chief officer reasonably believes to be relevant for the |
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| | | purpose described in the statement under section 113B(2) or (as |
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| | | the case may be) 116(2), and |
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| | | (b) | in the chief officer’s opinion, ought to be included in the |
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| | | (4) | In exercising functions under subsection (3), the chief officer concerned |
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| | | must have regard to any guidance for the time being published under |
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| | | (5) | If, following a review under subsection (3), the independent monitor |
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| | | considers that any of the information concerned is information which |
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| | | falls within subsection (1)(a) or (b)— |
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| | | (a) | the independent monitor must inform the Secretary of State of |
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| | | (b) | on being so informed, the Secretary of State must issue a new |
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| | | (6) | In issuing such a certificate, the Secretary of State must proceed as if the |
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| | | information which falls within subsection (1)(a) or (b) had not been |
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| | | provided under section 113B(4). |
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| | | (7) | In deciding for the purposes of this section whether information is |
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| | | information which falls within subsection (1)(a) or (b), the independent |
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| | | monitor must have regard to any guidance for the time being published |
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| | | (8) | Subsections (10) and (11) of section 113B apply for the purposes of this |
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| | | section as they apply for the purposes of that section.”’. |
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| | | Negatived on division 207 |
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| | Clause 79, page 64, line 31, at end insert— |
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| | | ‘(5) | In subsection (3) of section 113B of the Police Act 1997 (an enhanced criminal |
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| | | record certificate is a certificate which), after (b), insert— |
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| | | “(c) | states whether the applicant is on a barred list maintained by the ISA in |
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| | | relation to work with vulnerable adults or children (whichever is |
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| | | Clause, as amended, Agreed to. |
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| | Clause 80, page 65, line 6, at end insert— |
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| | | ‘(c) | the information to be supplied in connection with such a request for the |
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| | | purpose of enabling the Secretary of State to ascertain whether the |
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| | | disclosure requested is to enable the individual to work with children or |
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| | | vulnerable adults or both.’. |
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| | Clause 80, page 65, line 12, after ‘arrangements’, insert ‘and stated whether the |
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| | application was required for the purpose of working with children or vulnerable adults or |
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| | Clause 80, page 65, line 16, after ‘and’, insert ‘stated whether the certificate is to |
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