House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee Proceedings: 17 May 2011
91

Protection of Freedoms Bill, continued

      (3)
A corresponding list is a list maintained under the law of England

and Wales or Scotland which the Secretary of State specifies by

order as corresponding to the adults’ barred list.”

      (4)
In paragraph 12(1)(a) of that Schedule to that Order—

(a)
after “if” insert “ISA knows that”,

(b)
after “authority” insert “—

(i)
”, and

(c)
for the words from “(whether” to “list)” substitute “, and

(ii)
has decided not to include the person in the

list”.

Professional bodies

12  (1)
In Article 43 of the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (registers: duty to refer)—

(a)
in paragraph (1)—

(i)
for “must” substitute “may”, and

(ii)
omit “prescribed”,

(b)
in paragraph (4)—

(i)
in sub-paragraph (a), for “engaged or may engage” substitute

“or has been, or might in future be, engaged”,

(ii)
also in sub-paragraph (a), omit “or controlled activity”, and

(iii)
in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c)
omit paragraph (4A) to (4C),

(d)
in paragraph (5) omit “prescribed”, and

(e)
in the heading for “duty” substitute “power”.

      (2)
In Article 45 of that Order (registers: notice of barring etc.) for paragraphs (1)

to (5) substitute—

“(1)
Paragraph (2) applies if—

(a)
ISA knows or thinks that a person (A) appears on a relevant

register, and

(b)
either—

(i)
A is included in a barred list, or

(ii)
ISA is aware that A is subject to a relevant

disqualification.

(2)
ISA must—

(a)
notify the keeper of the register of the circumstances

mentioned in paragraph (1)(b)(i) or (as the case may be) (ii),

and

(b)
in the case where A is included in a barred list, provide the

keeper of the register with such of the information on which

ISA relied in including A in the list as ISA considers—

(i)
to be relevant to the exercise of any function of the

keeper, and

(ii)
otherwise appropriate to provide.

(3)
Paragraph (4) applies if the keeper of a relevant register applies to ISA

to ascertain in relation to a person (A) whether—

(a)
A is included in a barred list, or

(b)
ISA is aware that A is subject to a relevant disqualification.

Public Bill Committee Proceedings: 17 May 2011
92

Protection of Freedoms Bill, continued

(4)
ISA must notify the keeper of the register as to whether the

circumstances are as mentioned in paragraph (3)(a) or (as the case may

be) (b).

(5)
ISA may (whether on an application by the keeper or otherwise)

provide to the keeper of a relevant register such relevant information

as ISA considers appropriate.

(5A)
Paragraph (5B) applies if—

(a)
a keeper of a register has applied to the Secretary of State to

be notified in relation to a person (A) if—

(i)
A is included in a barred list, or

(ii)
the Secretary of State is aware that A is subject to a

relevant disqualification, and

(b)
the application has not been withdrawn.

(5B)
The Secretary of State must notify the keeper of the register if the

circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or

(as the case may be) (ii).

(5C)
For the purposes of paragraph (5A)(b) an application is withdrawn

if—

(a)
the keeper of the register notifies the Secretary of State that

the keeper no longer wishes to be notified if the circumstances

are, or become, as mentioned in paragraph (5A)(a)(i) or (as

the case may be) (ii) in relation to A, or

(b)
the Secretary of State cancels the application on either of the

following grounds—

(i)
that the keeper has not answered, within such

reasonable period as was required by the Secretary of

State, a request from the Secretary of State as to

whether the keeper still wishes to be notified if the

circumstances are, or become, as mentioned in

paragraph (5A)(a)(i) or (as the case may be) (ii), or

(ii)
that A neither appears in the register nor is being

considered for inclusion in the register.

(5D)
A keeper of a relevant register may apply for information under this

Article, or to be notified under this Article, in relation to a person (A)

only if—

(a)
A appears in the register, or

(b)
A is being considered for inclusion in the register.

(5E)
The duties in paragraphs (2), (4) and (5B) do not apply if ISA or (as

the case may be) the Secretary of State is satisfied that the keeper of

the register already has the information concerned.

(5F)
The Secretary of State may determine the form, manner and contents

of an application for the purposes of this Article.

(5G)
In this Article relevant information is information—

(a)
which—

(i)
relates to the protection of children or vulnerable

adults in general, or of any child or vulnerable adult

in particular, and

Public Bill Committee Proceedings: 17 May 2011
93

Protection of Freedoms Bill, continued

(ii)
is relevant to the exercise of any function of the

keeper of the register, but

(b)
which is not—

(i)
information that the circumstances are as mentioned

in paragraph (1)(b)(i) or (ii) in relation to a person,

(ii)
any information provided under paragraph (2)(b), or

(iii)
information falling within paragraph 19(5) of

Schedule 1.

(5H)
The Secretary of State may by order amend paragraph (5G).”

      (3)
In the heading of Article 45 of that Order for “notice of barring and cessation

of monitoring” substitute “provision of barring information to keepers of

registers”.

      (4)
Omit Article 46 of that Order (registers: power to apply for vetting

information).

Supervisory authorities

13  (1)
In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (duty of supervisory authorities to refer)—

(a)
in paragraph (1)—

(i)
for “must” substitute “may”, and

(ii)
omit “prescribed”,

(b)
in paragraph (4)—

(i)
in sub-paragraph (a), for “engaged or may engage” substitute

“or has been, or might in future be, engaged”,

(ii)
also in sub-paragraph (a), omit “or controlled activity”, and

(iii)
in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c)
in paragraph (5) omit “prescribed”,

(d)
omit paragraph (6), and

(e)
in the heading for “duty” substitute “power”.

      (2)
In Article 49 of that Order (supervisory authorities: power to apply for vetting

information)—

(a)
in the heading for “vetting” substitute “certain barring”,

(b)
in paragraph (1) for “the Secretary of State”, in both places where it

occurs, substitute “ISA”,

(c)
in paragraph (2) omit sub-paragraphs (b) to (e),

(d)
in paragraph (3) omit sub-paragraphs (b) to (e),

(e)
omit paragraph (5), and

(f)
in paragraph (7) for “prescribe” substitute “determine”.

      (3)
In Article 50 of that Order (supervisory authorities: notification of barring etc.

in respect of children)—

(a)
in paragraph (1)—

(i)
for “This Article” substitute “Paragraph (2)”,

(ii)
in sub-paragraph (a) omit “newly”,

(iii)
at the end of sub-paragraph (a) insert “or”,

(iv)
in sub-paragraph (b) for “becomes” substitute “is”, and

(v)
omit sub-paragraph (c) and the word “or” before it,

(b)
in paragraph (2) for “, (b) or (c)” substitute “or (b)”,

(c)
after paragraph (2) insert—

Public Bill Committee Proceedings: 17 May 2011
94

Protection of Freedoms Bill, continued

“(2A)
The duty in paragraph (2) does not apply in relation to an

interested supervisory authority if the Secretary of State is

satisfied that the authority already has the information

concerned.”,

(d)
in paragraph (3)(a) for the words from “if” to “occurs” substitute “of

any circumstance mentioned in paragraph (1)”,

(e)
in paragraph (5)—

(i)
after “withdrawn if” insert “—

(a)
”, and

(ii)
for the words from “if”, where it appears for the second time,

to “occurs” substitute “of any circumstance mentioned in

paragraph (1)”,

(f)
also in paragraph (5), at the end, insert “, or

“(b)
the Secretary of State cancels the application on

either of the following grounds—

(i)
that the supervisory authority has not

answered, within such reasonable period

as was required by the Secretary of State,

a request from the Secretary of State as to

whether the supervisory authority still

wishes to be notified of any circumstance

mentioned in paragraph (1) in relation to

the person, or

(ii)
that the notification is not required in

connection with the exercise of a function

of the supervisory authority mentioned in

Article 47(7).”, and

(g)
in paragraph (8) for “prescribe” substitute “determine”.

      (4)
In Article 51 of that Order (supervisory authorities: notification of barring etc.

in respect of vulnerable adults)—

(a)
in paragraph (1)—

(i)
for “This Article” substitute “Paragraph (2)”,

(ii)
in sub-paragraph (a) omit “newly”,

(iii)
at the end of sub-paragraph (a) insert “or”,

(iv)
in sub-paragraph (b) for “becomes” substitute “is”, and

(v)
omit sub-paragraph (c) and the word “or” before it,

(b)
in paragraph (2) for “, (b) or (c)” substitute “or (b)”,

(c)
after paragraph (2) insert—

“(2A)
The duty in paragraph (2) does not apply in relation to an

interested supervisory authority if the Secretary of State is

satisfied that the authority already has the information

concerned.”,

(d)
in paragraph (3)(a) for the words from “if” to “occurs” substitute “of

any circumstance mentioned in paragraph (1)”,

(e)
in paragraph (5)—

(i)
after “withdrawn if” insert “—

(a)
”, and

(ii)
for the words from “if”, where it appears for the second time,

to “occurs” substitute “of any circumstance mentioned in

paragraph (1)”,

(f)
also in paragraph (5), at the end, insert “, or



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