Protection of Freedoms Bill (HL Bill 128)

(b) any change of circumstances relating to the person
concerned, or

(c) any error by ISA,

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

5Information about barring decisions

9 (1) For Articles 32 to 34 of the Safeguarding Vulnerable Groups (Northern
Ireland) Order 2007 (provision of vetting information and information about
cessation of monitoring) substitute—

“32A Provision of barring information on request

(1) 10The Secretary of State must provide a person (A) with the
information mentioned in paragraph (3) in relation to another (B)
if—

(a) A makes an application for the information and pays any fee
payable in respect of the application,

(b) 15the application contains the appropriate declaration, and

(c) the Secretary of State has no reason to believe that the
declaration is false.

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

(a) that A falls within column 1 of the table in Schedule 5 in
20relation 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) that B has consented to the provision of the information to A.

(3) 25The 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
relating to children, and

(b) if A’s declaration states that column 2 of the relevant entry
30refers 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
application under this Article, the consent also has effect in relation
to any subsequent such application by A.

(5) 35The Secretary of State may prescribe any fee payable in respect of an
application under this Article.

(6) Fees received by the Secretary of State by virtue of this Article must
be paid into the Consolidated Fund of the United Kingdom.

(7) The Secretary of State may determine the form, manner and contents
40of an application for the purposes of this Article (including the form
and manner of a declaration contained in such an application).

32B Provision of barring information on registration

(1) The Secretary of State must establish and maintain a register for the
purposes of this Article.

(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 any fee payable in respect of the application,

(b) 5the 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) that A falls within column 1 of the table in Schedule 5 in
10relation 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) that B has consented to the application.

(4) 15A’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
refers to vulnerable adults, to regulated activity relating to
20vulnerable 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 paragraph (5) is satisfied if notification is
sent to any address recorded against A’s name in the register.

(7) 25If B consents to the provision of information to A under Article 32A,
the consent also has effect as consent to any application by A to be
registered in relation to B under this Article.

(8) The Secretary of State may prescribe any fee payable in respect of an
application under this Article.

(9) 30Fees received by the Secretary of State by virtue of this Article must
be paid into the Consolidated Fund of the United Kingdom.

(10) The Secretary of State may determine the form, manner and contents
of an application for the purposes of this Article (including the form
and manner of a declaration contained in such an application).”

(2) 35In Article 35 of that Order (cessation of registration)—

(a) in paragraph (1) for “34” substitute “32B”,

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

(c) after paragraph (3) insert—

“(3A) Circumstances prescribed by virtue of paragraph (3) may, in
40particular, include that—

(a) the Secretary of State has asked the registered person
(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) 45either—

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

(ii) A has made the declaration within that period
but the Secretary of State has reason to believe
5that it is false.

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

(a) that A falls within column 1 of the table in Schedule 5
in relation to B,

(b) that column 2 of the entry by virtue of which A falls
10within column 1 refers to children or (as the case may
be) vulnerable adults, and

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

(3C) If B consents to the provision of information to A under
Article 32A, the consent also has effect as consent to the
15registration of A in relation to B.

(3D) Article 36 applies in relation to the making of a declaration in
response to a request from the Secretary of State of the kind
mentioned in paragraph (3A)(a) as it applies in relation to the
making of a declaration in an application made for the
20purposes of Article 32B.”

(3) In Article 36 of that Order (declarations under Articles 32 and 34)—

(a) in the heading for “32 and 34” substitute “32A and 32B”, and

(b) in paragraph (1) for “32 or 34” substitute “32A or 32B”.

(4) Omit entry 19 in the table in paragraph 1 of Schedule 5 to that Order (power
25to add entries to the table).

(5) In paragraph 2 of Schedule 5 to that Order (power to amend entries in the
table) for the words from “any” to the end substitute “this Schedule”.

(6) Omit paragraph 3(1)(b) of Schedule 5 to that Order (barring information
where certain activities carried on for the purposes of the armed forces of the
30Crown) and the word “or” before it.

Duty to check whether person barred

10 After Article 36 of the Safeguarding Vulnerable Groups (Northern Ireland)
Order 2007 (declarations relating to the provision of barring information)
insert—

“36ZA 35 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) 40A personnel supplier who—

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

(b) knows, or has reason to believe, that P will make
arrangements for B (if supplied) to engage in regulated
45activity relating to children or vulnerable adults,

must ascertain that B is not barred from the activity concerned before
supplying B to P.

(3) A person is, in particular, to be treated as having met the duty in
paragraph (1) or (2) if condition 1, 2 or 3 is met.

(4) 5Condition 1 is that the person has, within the prescribed period, been
informed under Article 32A that B is not barred from the activity
concerned.

(5) Condition 2 is that—

(a) the person has, within the prescribed period, checked a
10relevant enhanced criminal record certificate of B which has
been obtained within that period, and

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

(6) Condition 3 is that—

(a) 15the person has, within the prescribed period, checked—

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

(ii) up-date information given, within that period, under
section 116A of the Police Act 1997 in relation to the
20certificate,

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

(c) the up-date information is not advice to request B to apply for
a new enhanced criminal record certificate.

(7) 25The Secretary of State may by regulations provide for—

(a) the duty under paragraph (1) not to apply in relation to
persons of a prescribed description,

(b) the duty under paragraph (2) not to apply in relation to
persons of a prescribed description.

(8) 30In this Article—

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

• “relevant enhanced criminal record certificate” means—

  (a)

  35in 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 information relating to children, and

  (b)

  in the case of regulated activity relating to vulnerable
  40adults, an enhanced criminal record certificate which
  includes, by virtue of section 113BB of that Act,
  suitability information relating to vulnerable adults.”

Restrictions on duplication with barred lists in England and Wales and Scotland

11 (1) Before paragraph 6 of Schedule 1 to the Safeguarding Vulnerable Groups
45(Northern Ireland) Order 2007 (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
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 paragraphs (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;