(4) After section 50A(1) of that Act insert—

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

(1B) 5ISA 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) ISA must, for use for the purposes of the protection of children or
vulnerable adults, provide to any relevant authority who has requested
10it information as to whether a person is barred.”

(5) After section 50A(3) of that Act insert—

“(4) In this section “relevant authority” means—

(a) the Secretary of State exercising functions in relation to prisons,
or

(b) 15a provider of probation services (within the meaning given by
section 3(6) of the Offender Management Act 2007).”

(6) After paragraph 5 of Schedule 4 to that Act (regulated activity relating to
children) insert—

“Guidance

5A (1) 20The 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
would not be engaging in regulated activity relating to children.

(2) 25Before giving guidance under this paragraph, the Secretary of State
must consult the Welsh Ministers.

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

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

Corresponding amendments relating to Northern Ireland

78 Corresponding amendments in relation to Northern Ireland

Schedule 7 (which makes corresponding amendments in relation to Northern
35Ireland about the safeguarding of vulnerable groups) has effect.

CHAPTER 2 Criminal records

Safeguards in relation to certificates

79 Restriction on information provided to certain persons

(1) Omit section 93 of the Policing and Crime Act 2009 (which, if commenced,
5would insert section 112(2A) into the Police Act 1997 requiring copies of certain
criminal conviction certificates to be given to employers etc.).

(2) Omit—

(a) section 113A(4) of the Police Act 1997 (requirement to send copy of
criminal record certificate to registered person), and

(b) 10section 113B(5) and (6) of that Act (requirement to give relevant
information, and copy of enhanced criminal record certificate to
registered person).

(3) After section 120AB of the Police Act 1997 (procedure for certain cancellations
or suspensions of registration) insert—

“120AC 15 Registered persons: information on progress of an application

(1) The Secretary of State must, in response to a request from a person who
is acting as the registered person in relation to an application under
section 113A or 113B, inform that person whether or not a certificate has
been issued in response to the application.

(2) 20Subsections (3) and (4) apply if, at the time a request is made under
subsection (1), a certificate has been issued.

(3) In the case of a certificate under section 113A, if it was a certificate
stating that there is no relevant matter recorded in central records, the
Secretary of State may inform the person who made the request that the
25certificate was such a certificate.

(4) In the case of a certificate under section 113B, if it was a certificate—

(a) stating that there is no relevant matter recorded in central
records and no information provided in accordance with
subsection (4) of that section, and

(b)
30if section 113BA(1) or 113BB(1) applies to the certificate,
containing no suitability information indicating that the person
to whom the certificate is issued—

(i) is barred from regulated activity relating to children or
to vulnerable adults, or

(ii) 35is subject to a direction under 128 of the Education and
Skills Act 2008 or section 167A of the Education Act
2002,

the Secretary of State may inform the person who made the request that
the certificate was such a certificate.

(5) 40If no certificate has been issued, the Secretary of State must inform the
person who made the request of such other matters relating to the
processing of the application as the Secretary of State considers
appropriate.

(6) Subject to subsections (2) to (4), nothing in this section permits the
Secretary of State to inform a person who is acting as the registered
person in relation to an application under section 113A or 113B of the
content of any certificate issued in response to the application.

(7) 5The Secretary of State may refuse a request under subsection (1) if it is
made after the end of a prescribed period beginning with the day on
which the certificate was issued.

(8) In this section—

• “central records” and “relevant matter” have the same meaning as
  10in section 113A,

• “suitability information” means information required to be
  included in a certificate under section 113B by virtue of section
  113BA or 113BB.

(9) Expressions in subsection (4)(b) and in the Safeguarding Vulnerable
15Groups Act 2006 have the same meaning in that paragraph as in that
Act.”

80 Minimum age for applicants for certificates or to be registered

(1) In sections 112(1), 113A(1), 113B(1), 114(1) and 116(1) of the Police Act 1997
(applications for certificates), before the word “and” at the end of paragraph
20(a), insert—

“(aa) is aged 16 or over at the time of making the application,”.

(2) In section 120(4) of that Act (registered persons)—

(a) in paragraph (b)—

(i) after “person” insert “who is”, and

(ii) 25after “enactment” insert “and who, in the case of an individual,
is aged 18 or over”, and

(b) in paragraph (c) after “individual” insert “aged 18 or over”.

81 Additional grounds for refusing an application to be registered

After subsection (3) of section 120AA of the Police Act 1997 (refusal, etc. of
30registration on grounds not related to disclosure) insert—

“(4) Subsection (6) applies if an application is made under section 120 by an
individual who—

(a) has previously been a registered person; and

(b) has been removed from the register (otherwise than at that
35individual’s own request).

(5) Subsection (6) also applies if an application is made under section 120
by a body corporate or unincorporate which—

(a) has previously been a registered person; and

(b) has been removed from the register (otherwise than at its own
40request).

(6) The Secretary of State may refuse the application.”

82 Enhanced criminal record certificates: additional safeguards

(1) In subsection (4) of section 113B of the Police Act 1997 (enhanced criminal
record certificates: requests by the Secretary of State to chief officers for
information)—

(a) 5for “the chief officer of every relevant police force” substitute “any
relevant chief officer”,

(b) omit “, in the chief officer’s opinion”,

(c) in paragraph (a), for “might” substitute “the chief officer reasonably
believes to”, and

(d) 10in paragraph (b), at the beginning insert “in the chief officer’s opinion,”.

(2) After subsection (4) of that section of that Act insert—

“(4A) In exercising functions under subsection (4) a relevant chief officer
must have regard to any guidance for the time being published by the
Secretary of State.”

(3) 15In subsection (9) of that section of that Act—

(a) before the definition of “relevant police force” insert—

• ““relevant chief officer” means any chief officer of a police
  force who is identified by the Secretary of State for the
  purposes of making a request under subsection (4).”,
  20and”

(b) omit the definition of “relevant police force”.

(4) After section 117(1) of that Act (disputes about accuracy of certificates) insert—

“(1A) Where any person other than the applicant believes that the
information contained in a certificate under any of sections 112 to 116 is
25inaccurate, that person may make an application in writing to the
Secretary of State for a decision as to whether or not the information is
inaccurate.”

(5) After section 117 of that Act insert—

“117A Other disputes about section 113B(4) information

(1) 30Subsection (2) applies if a person believes that information provided in
accordance with section 113B(4) and included in a certificate under
section 113B or 116 —

(a) is not relevant for the purpose described in the statement under
section 113B(2) or (as the case may be) 116(2), or

(b) 35ought not to be included in the certificate.

(2) The person may apply in writing to the independent monitor
appointed under section 119B for a decision as to whether the
information is information which falls within subsection (1)(a) or (b)
above.

(3) 40The independent monitor, on receiving such an application, must ask
such chief officer of a police force as the independent monitor considers
appropriate to review whether the information concerned is
information which—

(a) the chief officer reasonably believes to be relevant for the
45purpose described in the statement under section 113B(2) or (as
the case may be) 116(2), and

(b) in the chief officer’s opinion, ought to be included in the
certificate.

(4) In exercising functions under subsection (3), the chief officer concerned
must have regard to any guidance for the time being published under
5section 113B(4A).

(5) If, following a review under subsection (3), the independent monitor
considers that any of the information concerned is information which
falls within subsection (1)(a) or (b)—

(a) the independent monitor must inform the Secretary of State of
10that fact, and

(b) on being so informed, the Secretary of State must issue a new
certificate.

(6) In issuing such a certificate, the Secretary of State must proceed as if the
information which falls within subsection (1)(a) or (b) had not been
15provided under section 113B(4).

(7) In deciding for the purposes of this section whether information is
information which falls within subsection (1)(a) or (b), the independent
monitor must have regard to any guidance for the time being published
under section 113B(4A).

(8) 20Subsections (10) and (11) of section 113B apply for the purposes of this
section as they apply for the purposes of that section.”

Up-dating and content of certificates

83 Up-dating certificates

After section 116 of the Police Act 1997 (enhanced criminal record certificates:
25judicial appointments and Crown employment) insert—

“116A Up-dating certificates

(1) The Secretary of State must, on the request of a relevant person and
subject to subsection (2), give up-date information to that person
about—

(a) 30a criminal conviction certificate,

(b) a criminal record certificate, or

(c) an enhanced criminal record certificate,

which is subject to up-date arrangements.

(2) The Secretary of State may impose conditions about—

(a) 35the information to be supplied in connection with such a
request for the purpose of enabling the Secretary of State to
decide whether the person is a relevant person,

(b) any other information to be supplied in connection with such a
request.

(3) 40For the purposes of subsection (1) a certificate is subject to up-date
arrangements if condition A, B or C is met and the arrangements have
not ceased to have effect in accordance with a notice given under
section 118(3B).

(4) Condition A is that—

(a) the individual who applied for the certificate made an
application at the same time to the Secretary of State for the
certificate to be subject to up-date arrangements,

(b) 5the individual has paid in the prescribed manner any
prescribed fee,

(c) the Secretary of State has granted the application for the
certificate to be subject to up-date arrangements, and

(d) the period of 12 months beginning with the date on which the
10grant comes into force has not expired.

(5) Condition B is that—

(a) the individual whose certificate it is has made an application to
the Secretary of State to renew or (as the case may be) further
renew unexpired up-date arrangements in relation to the
15certificate,

(b) the individual has paid in the prescribed manner any
prescribed fee,

(c) the Secretary of State has granted the application,

(d) the grant has come into force on the expiry of the previous up-
20date arrangements, and

(e) the period of 12 months beginning with the date on which the
grant has come into force has not expired.

(6) Condition C is that—

(a) the certificate was issued under section 117(2) or 117A(5)(b),
25and

(b) the certificate which it superseded—

(i) was subject to up-date arrangements immediately
before it was superseded, and

(ii) would still be subject to those arrangements had it not
30been superseded.

(7) The Secretary of State must not grant an application as mentioned in
subsection (4)(c) or (5)(c) unless any fee prescribed under subsection
(4)(b) or (as the case may be) (5)(b) has been paid in the manner so
prescribed.

(8) 35In this section “up-date information” means—

(a) in relation to a criminal conviction certificate or a criminal
record certificate—

(i) information that there is no information recorded in
central records which would be included in a new
40certificate but is not included in the current certificate, or

(ii) advice to apply for a new certificate or (as the case may
be) request another person to apply for such a certificate,

(b) in relation to an enhanced criminal record certificate which
includes suitability information relating to children or
45vulnerable adults—

(i) information that there is no information recorded in
central records, no information of the kind mentioned in
section 113B(4), and no information of the kind
mentioned in section 113BA(2) or (as the case may be)

113BB(2), which would be included in a new certificate
but is not included in the current certificate, or

(ii) advice to apply for a new certificate or (as the case may
be) request another person to apply for such a certificate,
5and

(c) in relation to any other enhanced criminal record certificate—

(i) information that there is no information recorded in
central records, nor any information of the kind
mentioned in section 113B(4), which would be included
10in a new certificate but is not included in the current
certificate, or

(ii) advice to apply for a new certificate or (as the case may
be) request another person to apply for such a certificate.

(9) If up-date information is given under subsection (8)(a)(i), (8)(b)(i) or
15(8)(c)(i) and the certificate to which that information relates is one to
which subsection (10) applies, the up-date information must include
that fact.

(10) This subsection applies to a certificate which—

(a) in the case of a criminal conviction certificate, states that there
20are no convictions or conditional cautions of the applicant
recorded in central records,

(b) in the case of a criminal record certificate, is as described in
section 120AC(3), and

(c) in the case of an enhanced criminal record certificate, is as
25described in section 120AC(4).

(11) In this section—

• “central records” has the same meaning as in section 113A,

• “criminal record certificate” includes a certificate under section
  114,

• 30“enhanced criminal record certificate” includes a certificate under
  section 116,

• “exempted question” has the same meaning as in section 113A,

• “relevant person” means—

  (a)

  in relation to a criminal conviction certificate—

  (i)

  35the individual whose certificate it is, or

  (ii)

  any person authorised by the individual,

  (b)

  in relation to a criminal record certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  any person who is authorised by the individual
  40and is seeking the information for the purposes
  of an exempted question, and

  (c)

  in relation to an enhanced criminal record certificate—

  (i)

  the individual whose certificate it is, or

  (ii)

  any person who is authorised by the individual
  45and is seeking the information for the purposes
  of an exempted question asked for a purpose
  prescribed under section 113B(2)(b).”

84 Criminal conviction certificates: conditional cautions

In section 112(2) of the Police Act 1997 (contents of a criminal conviction
certificate)—

(a) in paragraph (a) after “conviction” insert “or conditional caution”, and

(b) 5in paragraph (b) for “is no such conviction” substitute “are no such
convictions and conditional cautions”.

Other

85 Inclusion of cautions etc. in national police records

After subsection (4) of section 27 of the Police and Criminal Evidence Act 1984
10(recordable offences) insert—

“(4A) In subsection (4) “conviction” includes—

(a) a caution within the meaning of Part 5 of the Police Act 1997;
and

(b) a reprimand or warning given under section 65 of the Crime
15and Disorder Act 1998.”

86 Out of date references to certificates of criminal records

In section 75(4) of the Data Protection Act 1998 (commencement of section 56
of that Act not to be earlier than the first day on which certain sections of the
Police Act 1997 relating to certificates of criminal records are all in force) for
20“sections 112, 113 and 115” substitute “sections 112, 113A and 113B”.

CHAPTER 3 The Disclosure and Barring Service

General

87 Formation and constitution of DBS

(1) There is to be a body corporate known as the Disclosure and Barring Service.

(2) 25In this Chapter “DBS” means the Disclosure and Barring Service.

(3) Schedule 8 (which makes further provision about DBS) has effect.

88 Transfer of functions to DBS and dissolution of ISA

(1) The Secretary of State may by order transfer any function of ISA to DBS.

(2) The Secretary of State may by order transfer to DBS any function of the
30Secretary of State under, or in connection with—

(a) Part 5 of the Police Act 1997 (criminal records),

(b) the Safeguarding Vulnerable Groups Act 2006, or

(c) the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
(S.I. 2007/1351 (N.I.11)S.I. 2007/1351 (N.I.11)).

(3) 35The Secretary of State may by order provide for the dissolution of ISA.

(4) In this section—

• “function” does not include any power of the Secretary of State to make
  an order or regulations,

• “ISA” means the Independent Safeguarding Authority.

5Supplementary

89 Orders under section 88

(1) Any power to make an order under section 88—

(a) is exercisable by statutory instrument,

(b) includes power to make consequential, supplementary, incidental,
10transitional, transitory or saving provision,

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under an enactment
(whenever passed or made and including this Act).

(2) Subject to subsection (3), a statutory instrument containing an order under
15section 88 is not to be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

(3) A statutory instrument containing an order under section 88 which neither
amends nor repeals any provision of primary legislation is subject to
annulment in pursuance of a resolution of either House of Parliament.

(4) 20If a draft of an instrument containing an order under section 88 (alone or with
other provision) would, apart from this subsection, be treated as a hybrid
instrument for the purposes of the standing orders of either House of
Parliament, it is to proceed in that House as if it were not a hybrid instrument.

(5) In this section—

• 25“enactment” includes a Measure or Act of the National Assembly for
  Wales and Northern Ireland legislation,

• “primary legislation” means—

  (a)

  a public general Act,

  (b)

  a Measure or Act of the National Assembly for Wales, and

  (c)

  30Northern Ireland legislation.

90 Transfer schemes in connection with orders under section 88

(1) The Secretary of State may, in connection with an order under section 88, make
a scheme for the transfer to DBS of property, rights or liabilities of ISA or the
Secretary of State.

(2) 35The things that may be transferred under a transfer scheme include—

(a) property, rights and liabilities which could not otherwise be
transferred,

(b) property acquired, and rights and liabilities arising, after the making of
the scheme.

(3) 40A transfer scheme may make consequential, supplementary, incidental,
transitional, transitory or saving provision and may, in particular—

(a) create rights, or impose liabilities, in relation to property or rights
transferred,

(b) make provision about the continuing effect of things done by, on behalf
of or in relation to the transferor in respect of anything transferred,

(c) make provision about the continuation of things (including legal
proceedings) in the process of being done by, on behalf of or in relation
5to the transferor in respect of anything transferred,

(d) make provision for references to the transferor in an instrument or
other document in respect of anything transferred to be treated as
references to the transferee,

(e) make provision for the shared ownership or use of property,

(f) 10if the TUPE regulations do not apply in relation to the transfer, make
provision which is the same or similar.

(4) A transfer scheme may provide—

(a) for modification by agreement,

(b) for modifications to have effect from the date when the original scheme
15came into effect.

(5) A transfer scheme may confer a discretion on the Secretary of State to pay
compensation to any person whose interests are adversely affected by the
scheme.

(6) A transfer scheme may be included in an order under section 88 but, if not so
20included, must be laid before Parliament after being made.

(7) For the purposes of this section—

(a) references to rights and liabilities of ISA include references to rights
and liabilities of ISA relating to a contract of employment, and

(b) references to rights and liabilities of the Secretary of State include
25references to rights and liabilities of the Crown relating to the terms of
employment of individuals in the civil service.

(8) Accordingly, a transfer scheme may, in particular, provide—

(a) for an employee of ISA or (as the case may be) an individual employed
in the civil service to become an employee of DBS,

(b) 30for the individual’s contract of employment with ISA or (as the case
may be) terms of employment in the civil service to have effect (subject
to any necessary modifications) as the terms of the individual’s contract
of employment with DBS,

(c) for the transfer to DBS of rights and liabilities of ISA or (as the case may
35be) the Crown under or in connection with the individual’s terms of
employment.

(9) In this section—

• “civil service” means the civil service of the State,

• “ISA” means the Independent Safeguarding Authority,

• 40“TUPE regulations” means the Transfer of Undertakings (Protection of
  Employment) Regulations 2006 (S.I. 2006/246S.I. 2006/246),

• references to the transfer of property include the grant of a lease.

91 Tax in connection with transfer schemes

(1) The Treasury may by order make provision varying the way in which a
45relevant tax has effect in relation to—

(a) anything transferred under a transfer scheme, or