Protection of Freedoms Bill (HL Bill 121)

(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.”

72 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.

73 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 64

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

74 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

75 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

(b) the Secretary of State cancels the application on either of the
following grounds—

(i) 15that 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 subsection (5A)(a)(i) or
20(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
section, or to be notified under this section, in relation to a person (A)
25only if—

(a) A appears in the register, or

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

(5E) The duties in subsections (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
30register 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 section.

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

(a) which—

(i) 35relates 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) 40which is not—

(i) information that the circumstances are as mentioned in
subsection (1)(b)(i) or (ii) in relation to a person,

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

(iii) information falling within paragraph 19(5) of Schedule
453.

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

(4) In section 43(6)(a) of the Act of 2006 (meaning of “relevant register”) omit “of
entry 1 or 8”.

(5) In the heading of section 43 of that Act for “notice of barring and cessation of
monitoring” substitute “provision of barring information to keepers of
5registers”.

(6) Omit section 44 of that Act (registers: power to apply for vetting information).

76 Supervisory authorities

(1) In section 45 of the Safeguarding Vulnerable Groups Act 2006 (duty of
supervisory authorities to refer)—

(a) 10in subsection (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

(i) in paragraph (a), for “engaged or may engage” substitute “or
15has 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”,

(d) omit subsection (6), and

(e) 20in the heading for “duty” substitute “power”.

(2) In section 47 of that Act (supervisory authorities: power to apply for vetting
information)—

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

(b) in subsection (1) for “the Secretary of State”, in both places where it
25occurs, substitute “ISA”,

(c) in subsection (2) omit paragraphs (b) to (e),

(d) in subsection (3) omit paragraphs (b) to (e),

(e) omit subsection (5), and

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

(3) 30In section 48 of that Act (supervisory authorities: notification of barring etc. in
respect of children)—

(a) in subsection (1)—

(i) for “This section” substitute “Subsection (2)”,

(ii) in paragraph (a) omit “newly”,

(iii) 35at the end of paragraph (a) insert “or”,

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

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

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

(c) after subsection (2) insert—

“(2A) 40The duty in subsection (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 subsection (3)(a) for the words from “if” to “occurs” substitute “of
45any circumstance mentioned in subsection (1)”,

(e) in subsection (5)—

(i) after “withdrawn if” insert “—

“(a)”,

(ii) for the words from “if”, where it appears for the second time, to
5“occurs” substitute “of any circumstance mentioned in
subsection (1)”, and

(iii) at the end insert “, or

“(b) the Secretary of State cancels the application on either of
the following grounds—

(i) 10that 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
15circumstance mentioned in subsection (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 section 45(7).”, and

(f) 20in subsection (8) for “prescribe” substitute “determine”.

(4) In section 49 of that Act (supervisory authorities: notification of barring etc. in
respect of vulnerable adults)—

(a) in subsection (1)—

(i) for “This section” substitute “Subsection (2)”,

(ii) 25in paragraph (a) omit “newly”,

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

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

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

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

(c) 30after subsection (2) insert—

“(2A) The duty in subsection (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) 35in subsection (3)(a) for the words from “if” to “occurs” substitute “of
any circumstance mentioned in subsection (1)”,

(e) in subsection (5)—

(i) after “withdrawn if” insert “—

“(a)”,

(ii) 40for the words from “if”, where it appears for the second time, to
“occurs” substitute “of any circumstance mentioned in
subsection (1)”, and

(iii) at the end insert “, or

“(b) the Secretary of State cancels the application on either of
45the 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
50authority still wishes to be notified of any

circumstance mentioned in subsection (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
5authority mentioned in section 45(7).”, and

(f) in subsection (8) for “prescribe” substitute “determine”.

(5) In section 50 of that Act (provision of information to supervisory authorities)—

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

(b) 10in subsection (3)—

(i) in paragraph (b), after “the authority” insert “which is
mentioned in section 45(7)”, and

(ii) for the words from “or information” to “occurred” substitute “or
of any circumstance mentioned in section 48(1) or 49(1)”, and

(c) 15after subsection (3) insert—

“(4) A supervisory authority may apply to ISA under this section
only if the information is required in connection with the
exercise of a function of the supervisory authority which is
mentioned in section 45(7).

(5) 20The Secretary of State may determine the form, manner and
contents of an application for the purposes of this section.”

77 Minor amendments

(1) In the Policing and Crime Act 2009 omit—

(a) section 87(2) (which, if commenced, would insert sections 34A to 34C
25into the Safeguarding Vulnerable Groups Act 2006 in connection with
the notification of proposals to include persons in barred lists), and

(b) section 89(6) (which, if commenced, would amend the power of the
Secretary of State in the Act of 2006 to examine records of convictions
or cautions in connection with barring decisions).

(2) 30In section 39 of the Safeguarding Vulnerable Groups Act 2006 (duty of local
authorities to refer)—

(a) in subsection (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) 35in subsection (4)—

(i) in 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) 40in subsection (5) omit “prescribed”, and

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

(3) In section 50A(1) of that Act (power for ISA to provide information to the police
for use for certain purposes), after paragraph (b), insert—

“(c) the appointment of persons who are under the direction and
45control of the chief officer,

(d) any prescribed purpose”.