Protection of Freedoms Bill (HL Bill 121)

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
5knows that the person is included in a corresponding list.

(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 children’s barred list.”

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

(a) 10after “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
15list”.

(3) Before paragraph 12 of that Schedule to that Order (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
20knows that 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 England
and Wales or Scotland which the Secretary of State specifies by
25order 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) 30for 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)
35Order 2007 (registers: duty to refer)—

(a) in paragraph (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) in paragraph (4)—

(i) 40in 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) 5Paragraph (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) 10ISA 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),
15and

(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
20keeper, 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) 25ISA 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 paragraph (3)(a) or (as the case
may be) (b).

(5) ISA may (whether on an application by the keeper or otherwise)
30provide 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) 35A 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
40circumstances 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
45the 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) 5that 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
10paragraph (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)
15only 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
20the 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) 25relates to the protection of children or vulnerable
adults in general, or of any child or vulnerable adult
in particular, and

(ii) is relevant to the exercise of any function of the keeper
of the register, but

(b) 30which 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
35Schedule 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) 40Omit 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) 45in 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) 5also 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) 10In 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) 15in 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
20etc. 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) 25in 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
30interested 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) 35in 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
40paragraph (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
45answered, 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
5connection 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
10etc. 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) 15in 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
20interested 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) 25in 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
30paragraph (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
35answered, 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
40mentioned 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
45Article 47(7).”, and

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

(5) In Article 52 of that Order (provision of information to supervisory
authorities)—

(a) in paragraph (2) for “must” substitute “may (whether on an
50application by the authority or otherwise)”,

(b) in paragraph (3)—

(i) in sub-paragraph (b), after “the authority” insert “which is
mentioned in Article 47(7)”, and

(ii) for the words from “or information” to “occurred” substitute
5“or of any circumstance mentioned in Article 50(1) or 51(1)”,
and

(c) after paragraph (3) insert—

“(4) A supervisory authority may apply to ISA under this Article
only if the information is required in connection with the
10exercise of a function of the supervisory authority which is
mentioned in Article 47(7).

(5) The Secretary of State may determine the form, manner and
contents of an application for the purposes of this Article.”

Minor amendments

14 (1) 15Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced,
would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups
(Northern Ireland) Order 2007 in connection with the notification of
proposals to include persons in barred lists).

(2) After Article 10(8) of the Safeguarding Vulnerable Groups (Northern
20Ireland) Order 2007 (regulated activity providers) insert—

“(8A) An authority that is an authority for the purposes of section 8 of the
Carers and Direct Payments Act (Northern Ireland) 2002 (c.6)2002 (c.6) or
Article 18C of the Children Order (direct payments) does not make
arrangements for another to engage in a regulated activity by virtue
25of anything the authority does under that section or Article.”

(3) In Article 41 of the Order of 2007 (education and library boards and HSC
bodies: duty to refer)—

(a) in paragraph (1)—

(i) for “must” substitute “may”, and

(ii) 30omit “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) 35in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

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

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

(4) In Article 52A(1) of that Order (power for ISA to provide information to the
police for use for certain purposes)—

(a) 40for the words “or the chief constable of a police force in England,
Wales or Scotland” substitute “, a chief officer of police or the chief
constable of a police force in Scotland”, and

(b) after sub-paragraph (b), insert—

“(c) the appointment of persons who are under the
45direction and control of the chief constable or (as the
case may be) chief officer;

(d) any prescribed purpose”.

(5) After Article 52A(1) of that Order insert—

“(1A) ISA must, for use for any of the purposes mentioned in paragraph
(1), provide to any chief constable or chief officer mentioned in that
5paragraph who has requested it information as to whether a person
is barred.

(1B) ISA may, for use for the purposes of the protection of children or
vulnerable adults, provide to a relevant authority any information
which ISA reasonably believes to be relevant to that authority.

(1C) 10ISA must, for use for the purposes of the protection of children or
vulnerable adults, provide to any relevant authority who has
requested it information as to whether a person is barred.

(1D) In this Article “relevant authority” means—

(a) the Department of Justice, exercising functions in relation to
15prisons and youth justice,

(b) the Probation Board for Northern Ireland, or

(c) an HSC body.”

(6) After paragraph 5 of Schedule 2 to that Order (regulated activity relating to
children) insert—

20“Guidance

5A (1) The Secretary of State must give guidance for the purpose of
assisting regulated activity providers and personnel suppliers in
deciding whether supervision is of such a kind that, as a result of
paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised
25would not be engaging in regulated activity relating to children.

(2) The Secretary of State must publish guidance given under this
paragraph.

(3) A regulated activity provider or a personnel supplier must, in
exercising any functions under this Order, have regard to
30guidance for the time being given under this paragraph.”

Section 87(3)

SCHEDULE 8 Disclosure and Barring Service

Membership

1 (1) DBS is to consist of—

(a) 35a person who has the function of chairing DBS, and

(b) such number of other members as the Secretary of State decides.

(2) A person falling within sub-paragraph (1)(a) or (b) (in this Schedule “an
appointed member”) is be appointed by the Secretary of State.

(3) In appointing any such person, the Secretary of State must have regard to the
40desirability of ensuring that at least some of the appointed members of DBS

are persons who appear to the Secretary of State to have knowledge or
experience of an aspect of child protection or the protection of vulnerable
adults.

(4) The Secretary of State must consult the Welsh Ministers and a Northern
5Ireland Minister before making any appointment under this paragraph.

(5) In sub-paragraph (4) “Northern Ireland Minister” includes the First Minister
and deputy First Minister in Northern Ireland.

Terms of appointment of members

2 (1) Subject as follows, an appointed member holds and vacates office in
10accordance with the terms of appointment.

(2) A period of appointment may not exceed 5 years.

(3) An appointed member may resign by giving notice in writing to the
Secretary of State.

(4) The Secretary of State may by notice in writing remove an appointed
15member who—

(a) has, without reasonable excuse, failed, for a continuous period of
three months, to carry out the person’s functions,

(b) has been convicted (whether before or after the person’s
appointment) of a criminal offence,

(c) 20is an undischarged bankrupt, or whose estate has been sequestrated
and the person has not been discharged,

(d) is the subject of a bankruptcy restrictions order or an interim order
under Schedule 4A to the Insolvency Act 1986 or an order to similar
effect made under any corresponding enactment in force in Scotland
25or Northern Ireland,

(e) has made a composition or arrangement with, or granted a trust
deed for, the person’s creditors,

(f) has failed to comply with the terms of the person’s appointment, or

(g) is otherwise unable or unfit to carry out the person’s functions.

(5) 30A person who ceases to be an appointed member is eligible for re-
appointment unless the cessation is by virtue of sub-paragraph (4).

Remuneration etc: members

3 (1) DBS may pay to the person who has the function of chairing it and each of
the other appointed members such remuneration and such allowances as the
35Secretary of State may decide.

(2) Sub-paragraph (3) applies if—

(a) a person ceases to be an appointed member of DBS, and

(b) the Secretary of State considers that there are special circumstances
which make it right for the person to receive compensation.

(3) 40The Secretary of State may require DBS to pay the person such amount as the
Secretary of State may decide.

Staff

4 (1) DBS must appoint a person to be chief executive.

(2) The period of appointment must not exceed 5 years (but a person may be re-
appointed).

(3) 5DBS must consult the Secretary of State before appointing a chief executive.

(4) The person who has the function of chairing DBS may, with the approval of
the Secretary of State, be appointed as chief executive.

(5) The chief executive is an employee of DBS.

(6) DBS may appoint such number of other staff as it considers appropriate.

(7) 10DBS may make arrangements for persons to be seconded to DBS to serve as
members of its staff.

(8) A member of a police force on temporary service with DBS is to be under the
direction and control of DBS.

Remuneration, pensions etc of staff

5 (1) 15DBS may pay to its staff such remuneration and such allowances as it may,
with the approval of the Secretary of State, decide.

(2) DBS may—

(a) pay such pensions, allowances or gratuities to or in respect of any
member of staff or former member of staff, or

(b) 20pay such sums towards the provision for the payment of pensions,
allowances or gratuities to or in respect of any member of staff or
former member of staff,

as it may, with the approval of the Secretary of State, decide.

(3) Employment with DBS is included among the kinds of employment to
25which a scheme under section 1 of the Superannuation Act 1972 can apply,
and accordingly in Schedule 1 to that Act (in which those kinds of
employment are listed) insert at the appropriate place—

• “Employment by the Disclosure and Barring Service.”

(4) DBS must pay to the Minister for the Civil Service, at such times as the
30Minister may direct in writing, such sums as the Minister may decide in
respect of any increase attributable to this paragraph in the sums payable
out of money provided by Parliament under the Act of 1972.

Delegation of functions

6 DBS may, to such extent as it may decide, delegate any of its functions to—

(a) 35any of its appointed members,

(b) a member of its staff,

(c) a committee consisting of any of its appointed members, members of
its staff or both appointed members and members of staff.

7 DBS may, to such extent as it may decide, delegate any of its functions, other
40than a core function, to—

(a) a person who is neither an appointed member nor a member of staff,

(b) a committee (including a committee which comprises or includes
persons who are neither appointed members nor members of staff).

8 (1) In this Schedule a core function is—

(a) deciding whether it is appropriate for a person to be included in a
5barred list under the Safeguarding Vulnerable Groups Act 2006 or
the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
(S.I. 2007/1351 (N.I.11)S.I. 2007/1351 (N.I.11)),

(b) deciding whether to remove a person from such a list,

(c) considering representations made for the purposes of Schedule 3 to
10that Act or (as the case may be) Schedule 1 to that Order, or

(d) any function under, or in connection with, Part 5 of the Police Act
1997 which is specified for this purpose in an order made by the
Secretary of State.

(2) An order under sub-paragraph (1)(d) is to be made by statutory instrument
15which is to be subject to annulment in pursuance of a resolution of either
House of Parliament.

Business plans

9 (1) As soon as possible after the beginning of each financial year, DBS must
issue a business plan in relation to the proposed exercise of its functions
20during that year.

(2) DBS must consult the Secretary of State before issuing the plan.

(3) DBS must arrange for the plan to be published in such manner as it considers
appropriate.

(4) In this Schedule “financial year” is—

(a) 25the period—

(i) starting with the day on which DBS is established, and

(ii) ending with the next 31st March or, if the period ending with
that date is 3 months or less, ending with the next 31st March
after that date, and

(b) 30each succeeding period of 12 months.

Reports

10 (1) As soon as possible after the end of each financial year, DBS must issue a
report on the exercise of its functions during that year.

(2) DBS must arrange for the report to be published in such manner as it
35considers appropriate.

Funding

11 The Secretary of State may make payments to DBS of such amounts, at such
times and on such conditions (if any), as the Secretary of State considers
appropriate.

40Accounts

12 (1) DBS must keep its accounts in such form as the Secretary of State decides.