House of Commons Public Bill Committee Proceedings

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 12 May 2011
56

Protection of Freedoms Bill, continued

      (2)
In paragraph 1—

(a)
for “Articles 32 and 34” substitute “Articles 32A and 32B”, and

(b)
omit entries 3, 4, 7, 8 and 17 in the table.

      (3)
Omit paragraph 3(3).

      (4)
In the heading to the Schedule for “VETTING INFORMATION” substitute

“BARRING INFORMATION”.

62AC
In Schedule 6 (transitional provisions) omit paragraph 5.’.

Lynne Featherstone

Agreed to  194

Schedule  7,  page  127,  line  15,  leave out from beginning to ‘after’ and insert—

  ‘(1)
Section 118 (evidence of identity) is amended as follows.

      (2)
In subsection (1)—

(a)
’.

Lynne Featherstone

Agreed to  195

Schedule  7,  page  127,  line  16,  at end insert ‘, and

(b)
after “117” insert “, 117A”.

      (3)
In subsection (4) after “117” insert “or 117A”.’.

Lynne Featherstone

Agreed to  196

Schedule  7,  page  127,  line  28,  at end insert—

    ‘(4)
After subsection (8) insert—

“(8A)
The independent monitor has the functions conferred on the monitor

by section 117A.”

      (5)
In subsection (9) after “section” insert “or section 117A”.’.

Lynne Featherstone

Agreed to  197

Schedule  7,  page  127,  line  37,  at end insert—

‘69A
Omit section 124(5) (non-application of disclosure offences to certain

disclosures of information provided in accordance with section 113B(5).’.

Lynne Featherstone

Agreed to  198

Schedule  7,  page  127,  line  38,  leave out ‘After section 124A(6)’ and insert ‘Section

124A’.

Lynne Featherstone

Agreed to  199

Schedule  7,  page  127,  line  39,  after ‘function)’ insert ‘is amended as follows.

      (2)
In subsection (1)(c) omit “or registered person”.

      (3)
After subsection (6)’.

Lynne Featherstone

Agreed to  200

Schedule  7,  page  128,  line  7,  at end insert—

Public Bill Committee Proceedings: 12 May 2011
57

Protection of Freedoms Bill, continued

‘Gambling Act 2005

72A
In section 73(3) of the Gambling Act 2005 (procedure on consideration of

application for licence)—

(a)
for “section 115” substitute “section 113B”, and

(b)
at the end (and on a new line below paragraph (b)) insert “or the

production of up-date information (within the meaning given by

section 116A(7) of that Act) in relation to such a certificate,”.

National Health Service Act 2006

72B
The National Health Service Act 2006 is amended as follows.

72C
In section 129(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,”.

72D
In section 132(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,”.

72E
In section 147A(3) (performers of pharmaceutical services and assistants), 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,”.

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,”.’.

Schedule, as amended, Agreed to.

Public Bill Committee Proceedings: 12 May 2011
58

Protection of Freedoms Bill, continued

James Brokenshire

Agreed to  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

Agreed to  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

Agreed to  156

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

Lynne Featherstone

Agreed to  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

Agreed to  158

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

(c)
paragraph 24(8) and (9)’.

Lynne Featherstone

Agreed to  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

Agreed to  202

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

‘In Schedule 9, paragraph 14(7)(c).’.

Public Bill Committee Proceedings: 12 May 2011
59

Protection of Freedoms Bill, continued

Lynne Featherstone

Agreed to  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 Proceedings: 12 May 2011
60

Protection of Freedoms Bill, continued

Public Bill Committee Proceedings: 12 May 2011
61

Protection of Freedoms Bill, continued

Lynne Featherstone

Agreed to  160

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

Children and Learning Act 2009’.

Lynne Featherstone

Agreed to  237

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

92’.

Lynne Featherstone

Agreed to  238

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

Lynne Featherstone

Agreed to  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)

Lynne Featherstone

Agreed to  161

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

Lynne Featherstone

Agreed to  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.’.

Public Bill Committee Proceedings: 12 May 2011
62

Protection of Freedoms Bill, continued

Lynne Featherstone

Agreed to  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.’.

Schedule, as amended, Agreed to.

Clauses 102 and 103 Agreed to.

[Adjourned until Tuesday 17 May at 10.30 am



© Parliamentary copyright	Revised 13 May 2011