the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has been,

or might in future be, engaged in regulated activity

relating to children,”, and

(c) 5in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(4) In paragraph 5 of that Schedule to that Act (inclusion in children’s barred list

because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

“—

“(i) 10falls within sub-paragraph (4), and

(ii) is or has been, or might in future be, engaged

in regulated activity relating to children”,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at

the end of the paragraph), insert—

“(aa) 15it has reason to believe that the person is or has been,

or might in future be, engaged in regulated activity

relating to children,”, and

(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(5) For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Act

20(automatic inclusion of person to whom paragraph applies in adults’ barred

list) substitute—

“(2) If the Secretary of State has reason to believe that—

(a) this paragraph might apply to a person, and

(b) the person is or has been, or might in future be, engaged in

25regulated activity relating to vulnerable adults,

the Secretary of State must refer the matter to ISA.

(3) If (whether or not on a reference under sub-paragraph (2)) ISA—

(a) is satisfied that this paragraph applies to a person, and

(b) has reason to believe that the person is or has been, or might

30in future be, engaged in regulated activity relating to

vulnerable adults,

it must include the person in the adults’ barred list.”

(6) For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Act

(inclusion of person to whom paragraph applies in adults’ barred list with

35right to make representation afterwards) substitute—

“(2) If the Secretary of State has reason to believe that—

(a) this paragraph might apply to a person, and

(b) the person is or has been, or might in future be, engaged in

regulated activity relating to vulnerable adults,

40the Secretary of State must refer the matter to ISA.

(3) Sub-paragraph (4) applies if (whether or not on a reference under

sub-paragraph (2)) it appears to ISA that—

(a) this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in

45regulated activity relating to vulnerable adults.

(4) ISA must give the person the opportunity to make representations as

to why the person should not be included in the adults’ barred list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of

any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of

5paragraph 16(2).

(6) If ISA—

(a) is satisfied that this paragraph applies to the person, and

(b) has reason to believe that the person is or has been, or might

in future be, engaged in regulated activity relating to

10vulnerable adults,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations before

the end of any time prescribed for the purpose.

(8) If ISA—

(a) 15is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or might

in future be, engaged in regulated activity relating to

vulnerable adults, and

(c) is satisfied that it is appropriate to include the person in the

20adults’ barred list,

it must include the person in the list.”

(7) In paragraph 9 of that Schedule to that Act (inclusion in adults’ barred list on

behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,”

25substitute “—

(i) has (at any time) engaged in relevant conduct,

and

(ii) is or has been, or might in future be, engaged

in regulated activity relating to vulnerable

30adults,”,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at

the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has been,

or might in future be, engaged in regulated activity

35relating to vulnerable adults,”, and

(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(8) In paragraph 11 of that Schedule to that Act (inclusion in adults’ barred list

because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

40“—

“(i) falls within sub-paragraph (4), and

(ii) is or has been, or might in future be, engaged

in regulated activity relating to vulnerable

adults”,

(b) 45in sub-paragraph (3), after paragraph (a) (and before the word “and” at

the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has been,

or might in future be, engaged in regulated activity

relating to vulnerable adults,”, and

(c) 5in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

Abolition of other areas of regulation: England and Wales

67 Abolition of controlled activity

Omit sections 21 to 23 of the Safeguarding Vulnerable Groups Act 2006

(controlled activity).

68 10Abolition of monitoring

Omit sections 24 to 27 of the Safeguarding Vulnerable Groups Act 2006

(monitoring).

Main amendments relating to new arrangements: England and Wales

69 Information for purposes of making barring decisions

(1) 15In paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006

(information required by ISA about persons to whom grounds for barring

apply)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) after “applies” insert “or appears to apply”,

(ii) 20in paragraph (b) for “apply” substitute “applies or appears to

apply”, and

(iii) omit paragraph (d),

(b) in sub-paragraphs (2) and (3) for “thinks might” substitute “reasonably

believes to”, and

(c) 25in sub-paragraph (6)—

(i) omit the words from “which” to “it is”, and

(ii) omit “or paragraph 20(2)”.

(2) In paragraph 20 of that Schedule to that Act (provision of information by

Secretary of State to ISA) for sub-paragraph (2) substitute—

“(2) 30Where the Secretary of State is under a duty under paragraph 1, 2, 7

or 8 to refer a matter to ISA, the Secretary of State must provide to

ISA any prescribed details of relevant matter (within the meaning of

section 113A of the Police Act 1997) of a prescribed description which

has been made available to the Secretary of State for the purposes of

35Part 5 of that Act.”

70 Review of barring decisions

After paragraph 18 of Schedule 3 to the Safeguarding Vulnerable Groups Act

2006 (power to apply for review of a person’s inclusion in a barred list) insert—

“18A (1) Sub-paragraph (2) applies if a person’s inclusion in a barred list is not

40subject to—

(a) a review under paragraph 18, or

(b) an application under that paragraph,

which has not yet been determined.

(2) ISA may, at any time, review the person’s inclusion in the list.

(3) 5On any such review, ISA may remove the person from the list if, and

only if, it is satisfied that, in the light of—

(a) information which it did not have at the time of the person’s

inclusion in the list,

(b) any change of circumstances relating to the person

10concerned, or

(c) any error by ISA,

it is not appropriate for the person to be included in the list.”

71 Information about barring decisions

(1) For sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006

15(provision of vetting information and information about cessation of

monitoring) substitute—

“30A Provision of barring information on request

(1) The Secretary of State must provide a person (A) with the information

mentioned in subsection (3) in relation to another (B) if—

(a) 20A makes an application for the information and pays any fee

payable in respect of the application,

(b) the application contains the appropriate declaration, and

(c) the Secretary of State has no reason to believe that the

declaration is false.

(2) 25The appropriate declaration is a declaration by A—

(a) that A falls within column 1 of the table in Schedule 7 in relation

to B,

(b) that column 2 of the entry by virtue of which A falls within

column 1 refers to children or (as the case may be) vulnerable

30adults, and

(c) that B has consented to the provision of the information to A.

(3) The information is—

(a) if A’s declaration states that column 2 of the relevant entry

refers to children, whether B is barred from regulated activity

35relating to children, and

(b) if A’s declaration states that column 2 of the relevant entry

refers to vulnerable adults, whether B is barred from regulated

activity relating to vulnerable adults.

(4) If B consents to the provision of information to A in relation to an

40application under this section, the consent also has effect in relation to

any subsequent such application by A.

(5) The Secretary of State may prescribe any fee payable in respect of an

application under this section.

(6) Fees received by the Secretary of State by virtue of this section must be

45paid into the Consolidated Fund.

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

an application for the purposes of this section (including the form and

manner of a declaration contained in such an application).

30B Provision of barring information on registration

(1) 5The Secretary of State must establish and maintain a register for the

purposes of this section.

(2) The Secretary of State must register a person (A) in relation to another

(B) if—

(a) A makes an application to be registered in relation to B and pays

10any fee payable in respect of the application,

(b) the application contains the appropriate declaration, and

(c) the Secretary of State has no reason to believe that the

declaration is false.

(3) The appropriate declaration is a declaration by A—

(a) 15that A falls within column 1 of the table in Schedule 7 in relation

to B,

(b) that column 2 of the entry by virtue of which A falls within

column 1 refers to children or (as the case may be) vulnerable

adults, and

(c) 20that B has consented to the application.

(4) A’s application and registration relate—

(a) if A’s declaration states that column 2 of the relevant entry

refers to children, to regulated activity relating to children;

(b) if A’s declaration states that column 2 of the relevant entry

25refers to vulnerable adults, to regulated activity relating to

vulnerable adults.

(5) The Secretary of State must notify A if B is barred from regulated

activity to which A’s registration relates.

(6) The requirement under subsection (5) is satisfied if notification is sent

30to any address recorded against A’s name in the register.

(7) If B consents to the provision of information to A under section 30A, the

consent also has effect as consent to any application by A to be

registered in relation to B under this section.

(8) The Secretary of State may prescribe any fee payable in respect of an

35application under this section.

(9) Fees received by the Secretary of State by virtue of this section must be

paid into the Consolidated Fund.

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

an application for the purposes of this section (including the form and

40manner of a declaration contained in such an application).”

(2) In section 33 of that Act (cessation of registration)—

(a) in subsection (1) for “32” substitute “30B”,

(b) in subsection (2) for “(6)” substitute “(5)”, and

(c) after subsection (3) insert—

“(3A) Circumstances prescribed by virtue of subsection (3) may, in

particular, include that—

(a) the Secretary of State has asked the registered person

5(A) to make a renewed declaration within the prescribed

period in relation to the person (B) in relation to whom

A is registered, and

(b) either—

(i) A has failed to make the declaration within that

10period, or

(ii) A has made the declaration within that period

but the Secretary of State has reason to believe

that it is false.

(3B) A renewed declaration is a declaration by A—

(a) 15that A falls within column 1 of the table in Schedule 7 in

relation to B,

(b) that column 2 of the entry by virtue of which A falls

within column 1 refers to children or (as the case may

be) vulnerable adults, and

(c) 20that B consents to the registration of A in relation to B.

(3C) If B consents to the provision of information to A under section

30A, the consent also has effect as consent to the registration of

A in relation to B.

(3D) Section 34 applies in relation to the making of a declaration in

25response to a request from the Secretary of State of the kind

mentioned in subsection (3A)(a) as it applies in relation to the

making of a declaration in an application made for the purposes

of section 30B.”

(3) In section 34 of that Act (declarations under sections 30 and 32)—

(a) 30in the heading for “30 and 32” substitute “30A and 30B”, and

(b) in subsection (1) for “30 or 32” substitute “30A or 30B”.

(4) Omit entry 19 in the table in paragraph 1 of Schedule 7 to that Act (power to

add entries to the table).

(5) In paragraph 2 of Schedule 7 to that Act (power to amend entries in the table)

35for the words from “any” to the end substitute “this Schedule”.

(6) Omit paragraph 3(1)(b) of Schedule 7 to that Act (barring information where

certain activities carried on for the purposes of the armed forces of the Crown)

and the word “or” before it.

72 Duty to check whether person barred

40After section 34 of the Safeguarding Vulnerable Groups Act 2006 (declarations

relating to the provision of barring information) insert—

“34ZA Duty to check whether person barred

(1) A regulated activity provider who is considering whether to permit an

individual (B) to engage in regulated activity relating to children or

vulnerable adults must ascertain that B is not barred from the activity

concerned before permitting B to engage in it.

(2) A personnel supplier who—

(a) is considering whether to supply an individual (B) to another

5(P), and

(b) knows, or has reason to believe, that P will make arrangements

for B (if supplied) to engage in regulated activity relating to

children or vulnerable adults,

must ascertain that B is not barred from the activity concerned before

10supplying B to P.

(3) A person is, in particular, to be treated as having met the duty in

subsection (1) or (2) if condition 1, 2 or 3 is met.

(4) Condition 1 is that the person has, within the prescribed period, been

informed under section 30A that B is not barred from the activity

15concerned.

(5) Condition 2 is that—

(a) the person has, within the prescribed period, checked a relevant

enhanced criminal record certificate of B which has been

obtained within that period, and

(b) 20the certificate does not show that B is barred from the activity

concerned.

(6) Condition 3 is that—

(a) the person has, within the prescribed period, checked—

(i) a relevant enhanced criminal record certificate of B, and

(ii) 25up-date information given, within that period, under

section 116A of the Police Act 1997 in relation to the

certificate,

(b) the certificate does not show that B is barred from the activity

concerned, and

(c) 30the up-date information is not advice to request B to apply for a

new enhanced criminal record certificate.

(7) The Secretary of State may by regulations provide for—

(a) the duty under subsection (1) not to apply in relation to persons

of a prescribed description,

(b) 35the duty under subsection (2) not to apply in relation to persons

of a prescribed description.

(8) In this section—

• “enhanced criminal record certificate” means an enhanced
  
  criminal record certificate issued under section 113B of the
  
  40Police Act 1997,

• “relevant enhanced criminal record certificate” means—

  (a)

  in the case of regulated activity relating to children, an
  
  enhanced criminal record certificate which includes, by
  
  virtue of section 113BA of the Police Act 1997, suitability
  
  45information relating to children, and

  (b)

  in the case of regulated activity relating to vulnerable
  
  adults, an enhanced criminal record certificate which

  Protection of Freedoms BillPage 57

  includes, by virtue of section 113BB of that Act,
  
  suitability information relating to vulnerable adults.”

73 Restrictions on duplication with Scottish and Northern Ireland barred lists

(1) Before paragraph 6 of Schedule 3 to the Safeguarding Vulnerable Groups Act

52006 (restriction on inclusion in children’s barred list for Scottish cases), and

after the italic cross-heading before that paragraph, insert—

“5A (1) ISA must not include a person in the children’s barred list if ISA

knows that the person is included in a corresponding list.

(2) ISA must remove a person from the children’s barred list if ISA

10knows that the person is included in a corresponding list.

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

Northern Ireland which the Secretary of State specifies by order as

corresponding to the children’s barred list.”

(2) In paragraph 6(1)(a) of that Schedule to that Act—

(a) 15after “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

20list”.

(3) Before paragraph 12 of that Schedule to that Act (restriction on inclusion in

adults’ barred list for Scottish cases), and after the italic cross-heading before

that paragraph, insert—

“11A (1) ISA must not include a person in the adults’ barred list if ISA knows

25that the person is included in a corresponding list.

(2) ISA must remove a person from the adults’ barred list if ISA knows

that the person is included in a corresponding list.

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

Northern Ireland which the Secretary of State specifies by order as

30corresponding to the adults’ barred list.”

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

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

(b) after “authority” insert “—

(i)”, and

(c) 35for the words from “(whether” to “list)” substitute “, and

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

list”.

Other amendments relating to new arrangements: England and Wales

74 Professional bodies

(1) 40In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty

to refer)—

(a) in subsection (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

(i) 5in paragraph (a), for “engaged or may engage” substitute “or

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

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

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

(c) in subsection (5) omit “prescribed”, and

(d) 10in the heading for “duty” substitute “power”.

(2) Omit paragraph 9(2)(a) of Schedule 5 to the Health Care and Associated

Professions (Miscellaneous Amendments and Practitioner Psychologists)

Order 2009 (S.I. 2009/1182S.I. 2009/1182) (which, if section 44(1) of the Act of 2006 were to

come into force, would insert subsections (4A) to (4C) into section 41 of the Act

15of 2006).

(3) In section 43 of the Act of 2006 (registers: notice of barring etc.) for subsections

(1) to (5) substitute—

“(1) Subsection (2) applies if—

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

20register, 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) 25ISA must—

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

in subsection (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

30relied 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) Subsection (4) applies if the keeper of a relevant register applies to ISA

35to 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.

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

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

40be) (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) Subsection (5B) applies if—

(a) 45a 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) 5The Secretary of State must notify the keeper of the register if the

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

(as the case may be) (ii).

(5C) For the purposes of subsection (5A)(b) an application is withdrawn if—

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

10keeper no longer wishes to be notified if the circumstances are,

or become, as mentioned in subsection (5A)(a)(i) or (as the case

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