Protection of Freedoms Bill (HL Bill 121)

38 (1) Section 119 (sources of information) is amended as follows.

(2) In subsection (2) omit “or for the purposes of section 24 of the Safeguarding
Vulnerable Groups Act 2006”.

(3) In subsection (8)—

(a) 5omit paragraph (c), and

(b) in paragraph (d) for “that Act” substitute “the Safeguarding
Vulnerable Groups Act 2006”.

39 In section 119B(5) (independent monitor) omit paragraphs (d) and (e).

Safeguarding Vulnerable Groups Act 2006

40 10The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

41 In section 4(1) (appeals)—

(a) omit paragraph (a),

(b) in paragraph (b)—

(i) after “paragraph” insert “2,”,

(ii) 15after “5,” insert “8,”, and

(iii) for “that Schedule” substitute “Schedule 3”, and

(c) in paragraph (c) for “or 18” substitute “, 18 or 18A”.

42 In section 5(4) (regulated activity)—

(a) omit “section 10(3);”, and

(b) 20omit “paragraph 4 of Schedule 6”.

43 In section 6(8) (regulated activity providers)—

(a) in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or
8(1)(a), (d) or (e)” substitute “paragraph 1(9) or 7(9)”,

(b) omit paragraph (c), and

(c) 25in paragraph (d)—

(i) for “paragraph (a), (b) or (f) of section 59(10)” substitute
“paragraph 7(3E)(a) or (b) of Schedule 4”, and

(ii) for “mentioned in that paragraph” substitute “exercisable by
virtue of that position”.

44 30In section 7(5) (barred person not to engage in regulated activity) omit
paragraphs (b) and (c).

45 Omit section 8 (person not to engage in regulated activity unless subject to
monitoring).

46 In section 9(5) (use of barred person for regulated activity) omit paragraphs
35(b) and (c).

47 Omit section 10 (use of person not subject to monitoring for regulated
activity).

48 Omit section 11 and Schedule 5 (regulated activity provider: failure to
check).

49 40Omit section 12 and Schedule 6 (personnel suppliers: failure to check).

50 Omit section 13 (educational establishments: check on members of
governing body).

51 Omit section 14 (office holders: offences).

52 Omit section 15 (sections 13 and 14: checks).

53 Omit section 16 (exception to requirement to make monitoring check).

54 Omit section 17 (NHS employment).

55 (1) 5Section 18 (offences: companies etc.) is amended as follows.

(2) In subsection (1)—

(a) omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

(3) In subsection (2)—

(a) 10omit “, 10, 11, 23, 27”, and

(b) omit “or Schedule 6”.

56 (1) Section 19 (offences: other persons) is amended as follows.

(2) Omit subsection (1).

(3) Omit subsections (3) and (4).

(4) 15Omit subsections (6) and (7).

(5) In subsection (8)—

(a) for “subsections (2)(b) and (3)(b)” substitute “subsection (2)(b)”, and

(b) omit paragraphs (b) and (c).

(6) Omit subsection (9).

57 20In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).

58 In section 35 (regulated activity providers: duty to refer)—

(a) in subsection (1), omit paragraph (b), and

(b) omit subsection (6).

59 (1) Section 36 (personnel suppliers: duty to refer) is amended as follows.

(2) 25In subsection (1) omit “or controlled activity”.

(3) In subsection (3)(a) omit “or controlled”.

60 (1) Section 37 (regulated activity providers: duty to provide information on
request etc.) is amended as follows.

(2) In subsection (2)—

(a) 30omit paragraph (b), and

(b) in paragraph (d), omit “or controlled”.

(3) In subsection (4) omit “or controlled”.

(4) In subsection (5) omit “or controlled”.

61 In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3
35for “Either of” substitute “Any of”.

62 (1) Section 50A (provision of information to the police) is amended as follows.

(2) In subsection (2) for “power conferred by subsection (1) does” substitute
“powers conferred by this section do”.

(3) In subsection (3) for “subsection (1)” substitute “this section”.

(4) In the heading to section 50A, and in the italic cross-heading before it, after
5“police” insert “etc.”.

63 In section 51(5) (Crown application) omit paragraph (b).

64 (1) Section 54 (devolution: alignment) is amended as follows.

(2) In subsection (2) omit paragraph (a).

(3) In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).

(4) 10In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).

(5) Omit subsection (5).

65 (1) Section 56 (devolution: Wales) is amended as follows.

(2) Omit subsection (1).

(3) In subsection (2)—

(a) 15in paragraph (a) for “45(1), (5) or (9)” substitute “45(9)”,

(b) omit paragraph (c), and

(c) in paragraphs (d) and (e), omit “or (8)”.

(4) In subsection (3)—

(a) omit paragraphs (b) to (f),

(b) 20after paragraph (f) insert—

“(fa) section 34ZA(7),”,

(c) omit paragraph (j),

(d) in paragraph (l) for “41(1), (5) or (8)” substitute “41(8)”,

(e) omit paragraph (n),

(f) 25in paragraph (r) for “7(1)(f)” substitute “7(1)(i) or (j)”, and

(g) omit paragraphs (s) and (t).

66 In section 57(1)(c) (damages) omit “prescribed”.

67 (1) Section 60 (interpretation) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of “personnel supplier”,
30omit “or controlled”.

(3) Omit subsection (3).

68 In section 61(3) (orders and regulations)—

(a) omit paragraphs (b) to (e),

(b) at the end of paragraph (h) insert “or”, and

(c) 35omit paragraph (j) and the word “or” before it.

69 (1) Schedule 3 (barred lists) is amended as follows.

(2) In paragraph 24, omit sub-paragraphs (8) and (9).

(3) In paragraph 25(1) for “will” substitute “may”.

70 (1) Schedule 7 (vetting information) is amended as follows.

(2) In paragraph 1—

(a) for “sections 30 and 32” substitute “sections 30A and 30B”, and

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

(3) Omit paragraph 3(3).

(4) 5In the heading to the Schedule for “VETTING INFORMATION” substitute
“BARRING INFORMATION”.

71 In Schedule 8 (transitional provisions) omit paragraph 5.

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

72 The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I.
102007/1351 (N.I.11)) is amended as follows.

73 (1) Article 2 (interpretation) is amended as follows.

(2) In the first paragraph (2)—

(a) omit the definition of “institution of further education”, and

(b) in the definition of “personnel supplier”, in sub-paragraph (b), omit
15“or controlled”.

(3) Renumber the second paragraph (2) as paragraph (2A).

(4) Omit paragraph (3).

74 In Article 8(1) (appeals)—

(a) omit sub-paragraph (a),

(b) 20in sub-paragraph (b)—

(i) after “paragraph” insert “2,”,

(ii) after “5,” insert “8,”, and

(iii) for “that Schedule” substitute “Schedule 1”, and

(c) in sub-paragraph (c) for “or 18” substitute “, 18 or 18A”.

75 25In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).

76 In Article 10(8) (regulated activity providers)—

(a) omit sub-paragraphs (a) and (c), and

(b) in sub-paragraph (d)—

(i) for “sub-paragraph (a) or (c) of Article 3(10)” substitute
30“paragraph 7(3E)(a) or (c) of Schedule 2”, and

(ii) for “mentioned in that paragraph” substitute “exercisable by
virtue of that position”.

77 In Article 11(5) (barred person not to engage in regulated activity) omit sub-
paragraphs (b) and (c).

78 35Omit Article 12 (person not to engage in regulated activity unless subject to
monitoring).

79 In Article 13(5) (use of barred person for regulated activity) omit sub-
paragraphs (b) and (c).

80 Omit Article 14 (use of person not subject to monitoring for regulated
40activity).

81 Omit Article 15 and Schedule 3 (regulated activity provider: failure to
check).

82 Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).

83 Omit Article 17 (educational establishments: check on members of
5governing body).

84 Omit Article 18 (office holders: offences).

85 Omit Article 19 (Articles 17 and 18: checks).

86 Omit Article 20 (exception to requirement to make monitoring check).

87 Omit Article 21 (HSS employment).

88 (1) 10Article 22 (offences: companies etc.) is amended as follows.

(2) In paragraph (1)—

(a) omit “, 14, 15, 27, 31”, and

(b) omit “or Schedule 4”.

(3) In paragraph (2)—

(a) 15omit “, 14, 15, 27, 31”, and

(b) omit “or Schedule 4”.

89 (1) Article 23 (offences: other persons) is amended as follows.

(2) Omit paragraph (1).

(3) Omit paragraphs (3) and (4).

(4) 20Omit paragraphs (6) and (7).

(5) In paragraph (8)—

(a) for “paragraphs (2)(b) and (3)(b)” substitute “paragraph (2)(b)”, and

(b) omit sub-paragraphs (b) and (c).

(6) Omit paragraph (9).

90 25In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).

91 In Article 37 (regulated activity providers: duty to refer)—

(a) in paragraph (1), omit sub-paragraph (b), and

(b) omit paragraph (6).

92 (1) Article 38 (personnel suppliers: duty to refer) is amended as follows.

(2) 30In paragraph (1) omit “or controlled activity”.

(3) In paragraph (3)(a) omit “or controlled”.

93 (1) Article 39 (regulated activity providers: duty to provide information on
request etc.) is amended as follows.

(2) In paragraph (2)—

(a) 35omit sub-paragraph (b), and

(b) in sub-paragraph (d), omit “or controlled”.

(3) In paragraph (4) omit “or controlled”.

(4) In paragraph (5) omit “or controlled”.

94 (1) Article 52A (provision of information to the police) is amended as follows.

(2) In paragraph (2) for “power conferred by paragraph (1) does” substitute
“powers conferred by this Article do”.

(3) 5In the heading to Article 52A, after “Police”, insert “etc.”.

95 In Article 53(5) (Crown application), omit sub-paragraph (b).

96 (1) Article 56 (alignment with rest of UK) is amended as follows.

(2) In paragraph (2) omit sub-paragraph (a).

(3) In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of
10it).

(4) In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of
it).

(5) Omit paragraph (5).

97 In Article 57(1)(c) (damages) omit “prescribed”.

98 (1) 15Schedule 1(barred lists) is amended as follows.

(2) In paragraph 24, omit sub-paragraphs (8) and (9).

(3) In paragraph 25(1) for “will” substitute “may”.

99 (1) Schedule 5 (vetting information) is amended as follows.

(2) In paragraph 1—

(a) 20for “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”.

100 25In Schedule 6 (transitional provisions) omit paragraph 5.

Part 7 Criminal records

Police Act 1997

101 The Police Act 1997 is amended as follows.

102 30In section 113BC(1) (suitability information: power to amend), after
paragraph (b), insert “;

(c) amend section 120AC(4)(b) in consequence of an order made
under paragraph (a) or (b).”

103 In section 114(3) (application of other provisions of Part 5 to an application
35under that section), for “Section 113A(3) to (6)” substitute “Sections 113A(3)
to (6) and 120AC”.

104 In section 116(3) (application of other provisions of Part 5 to an application
under that section), for “and 113BA to 113BC” substitute “, 113BA to 113BC
and 120AC”.

105 (1) Section 117 (disputes about accuracy of certificates) is amended as follows.

(2) 5In the title, for “accuracy of certificates” substitute “certificates and up-date
information”.

(3) After subsection (1A) insert—

“(1B) Where a person believes that the wrong up-date information has
been given under section 116A in relation to the person’s certificate,
10the person may make an application in writing to the Secretary of
State for corrected up-date information.”

(4) In subsection (2)—

(a) after “inaccurate” insert “, or that the wrong up-date information has
been given,”, and

(b) 15after “new certificate” insert “or (as the case may be) corrected up-
date information”.

(5) After subsection (2) insert—

“(2A) In this section—

• “corrected up-date information”, in relation to a certificate,
  20means information which includes—

  (a)

  information that the wrong up-date information was
  given in relation to the certificate on a particular date,
  and

  (b)

  new up-date information in relation to the certificate,

• 25“up-date information” has the same meaning as in section
  116A.”

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

(2) In subsection (1)—

(a) after “consider” insert “an application as mentioned in section
30116A(4)(a) or (5)(a) or”, and

(b) after “117” insert “, 117A”.

(3) After subsection (3) insert—

“(3A) The Secretary of State by notice given in writing may require a
person who has a certificate which is subject to up-date
35arrangements under section 116A to attend at a place and time
specified in the notice to provide fingerprints for the sole purpose of
enabling the Secretary of State to verify whether information in the
possession of the Secretary of State that the Secretary of State
considers may be relevant to the person’s certificate does relate to
40that person.

(3B) If a person fails to comply with a requirement imposed under
subsection (3A), the Secretary of State by notice given in writing may
inform that person that, from a date specified in the notice, the
person’s certificate is to cease to be subject to up-date arrangements.”

(4) 45In subsection (4) after “117” insert “or 117A”.

107 (1) Section 119 (sources of information) is amended as follows.

(2) In subsection (1A), after paragraph (a) (but before the word “or” at the end
of the paragraph) insert—

“(aa) the provision of up-date information under section 116A;”.

(3) 5In subsection (1B), for the words from “determining” to the end substitute
“deciding whether to make a request to that chief officer under section
113B(4)”.

(4) In subsection (4), at the end of paragraph (a), after “registration;” insert—

“(aa) any application as mentioned in section 116A(4)(a) or (5)(a);”.

(5) 10In subsection (8), at the end of paragraph (a), insert—

“(aa) under this Part in relation to any request under section
116A(1);”.

108 (1) Section 119B (independent monitor) is amended as follows.

(2) Omit subsection (5)(a).

(3) 15In subsection (5)(c), omit the words from “or disclosed” to the end.

(4) After subsection (5)(c) insert—

“(ca) a sample of cases in which the chief officer of a police force
has decided that information should be disclosed or not
disclosed to the Secretary of State for the purpose of the
20provision by the Secretary of State of up-date information
under section 116A.”

(5) After subsection (8) insert—

“(8A) The independent monitor has the functions conferred on the monitor
by section 117A.”

(6) 25In subsection (9) after “section” insert “or section 117A”.

109 (1) Section 120 (registered persons) is amended as follows.

(2) In subsection (2)—

(a) for the words from the beginning to “the”, where it first occurs,
substitute “The”,

(b) 30after paragraph (a) insert “and”, and

(c) omit paragraph (c) and the word “and” before it.

(3) After that subsection insert—

“(2A) Subsection (2) is subject to—

(a) regulations under section 120ZA,

(b) 35section 120A, and

(c) section 120AA and regulations made under that section.”

110 After section 122(1) (code of practice) insert—

“(1A) The reference in subsection (1) to the use of information provided to
registered persons under this Part includes a reference to the use of
40information provided in accordance with section 116A(1) to relevant
persons (within the meaning of that section) who are not registered
persons under this Part.”

111 Omit section 122(3A)(a) (power of Secretary of State to refuse to issue
certificate where failure to comply with code of practice by, or in connection
with, registered person).

112 (1) Section 124 (offences: disclosure) is amended as follows.

(2) 5In subsection (4)—

(a) in paragraph (b), omit “(5) or”, and

(b) for “subsections (5) and (6)” substitute “subsection (6)”.

(3) Omit subsection (5).

113 (1) Section 124A (offences relating to disclosure of information obtained in
10connection with delegated function) is amended as follows.

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

(3) After subsection (6) insert—

“(6A) For the purposes of this section the reference to an applicant includes
a person who makes a request under section 116A(1).”

114 15After section 125B(2) (form of applications) insert—

“(3) In this section “application” includes a request under section 116A(1)
or 120AC(1).”

115 In section 126(1) (interpretation of Part 5), in the definition of “certificate”,
after “application” insert “but does not include any documents issued in
20response to—

(a) a request under section 116A(1),

(b) an application as mentioned in section 116A(4)(a) or (5)(a), or

(c) a request under section 120AC.”

Gambling Act 2005

116 25In 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
30section 116A of that Act) in relation to such a certificate,”.

National Health Service Act 2006

117 The National Health Service Act 2006 is amended as follows.

118 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
35“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 of that Act,”.

119 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
40substitute “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 of that Act,”.

120 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
5given by section 116A of that Act,”.

National Health Service (Wales) Act 2006

121 The National Health Service (Wales) Act 2006 is amended as follows.

122 In section 72(3) (regulations as to general ophthalmic services), in paragraph
(c), for the words from “section 113” to the end of the paragraph substitute
10“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 of that Act,”.

123 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
15“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 of that Act,”.

124 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
20substitute “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 of that Act,”.

125 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
25Act, an enhanced criminal record certificate under section 113B of that Act
or up-date information within the meaning given by section 116A of that
Act,”.

Safeguarding Vulnerable Groups Act 2006

126 (1) Paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006
30(barred lists: information) is amended as follows.

(2) In sub-paragraph (1)(c) for “chief officer of a relevant police force” substitute
“relevant chief officer”.

(3) In sub-paragraph (3) after “which the” insert “relevant”.

(4) In sub-paragraph (5) for “chief officer of the relevant police force” substitute
35“relevant chief officer”.

(5) In sub-paragraph (7) for the definition of “relevant police force” substitute—

• ““the relevant chief officer” means any chief officer of a police
  force who is identified by the Secretary of State for the
  purposes of this paragraph;”.

(6) 40After sub-paragraph (7) insert—

“(7A) Subsections (10) and (11) of section 113B of the Police Act 1997
apply for the purposes of the definition of “the relevant chief
officer” as they apply for the purposes of that section.”