Safeguarding Vulnerable Groups Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]

Safeguarding Vulnerable Groups Bill [HL]
1

A
Bill
To
Make provision in connection with the protection of children and vulnerable
adults.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Barring
1
Independent Barring Board
(1)
There shall be a body corporate to be known as the Independent Barring Board
(“IBB”).
(2)
Schedule 1 makes provision relating to IBB.
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2
Barred lists
(1)
IBB must establish and maintain—
(a)
the children’s barred list;
(b)
the adults’ barred list.
(2)
Part 1 of Schedule 2 applies for the purpose of determining whether an
10
individual is included in the children’s barred list.
(3)
Part 2 of that Schedule applies for the purpose of determining whether an
individual is included in the adults’ barred list.
(4)
Part 3 of that Schedule contains supplementary provision.
(5)
In respect of an individual who is included in a barred list, IBB must keep other
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information of such description as is prescribed.
3
Barred persons
(1)
A reference to a person being barred from regulated activity must be construed
in accordance with this section.

Bill 194 54/1

Safeguarding Vulnerable Groups Bill [HL]
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(2)
A person is barred from regulated activity relating to children if he is—
(a)
included in the children’s barred list;
(b)
included in 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.
5
(3)
A person is barred from regulated activity relating to vulnerable adults if he
is—
(a)
included in the adults’ barred list;
(b)
included in a list maintained under the law of Scotland or Northern
Ireland which the Secretary of State specifies by order as corresponding
10
to the adults’ barred list.
4
Appeals
(1)
An individual who is included in a barred list may appeal to the Tribunal
against—
(a)
a decision under paragraph 2 or 7 of Schedule 2 not to remove him from
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the list;
(b)
a decision under paragraph 3, 5, 8 or 10 of that Schedule to include him
in the list;
(c)
a decision under paragraph 15 or 16 of that Schedule not to remove him
from the list.
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(2)
An appeal under subsection (1) may be made only on the grounds that IBB has
made a mistake—
(a)
on any point of law;
(b)
in any finding of fact which it has made and on which the decision
mentioned in that subsection was based.
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(3)
For the purposes of subsection (2), the decision whether or not it is appropriate
for an individual to be included in a barred list is not a question of law or fact.
(4)
An appeal under subsection (1) may be made only with the permission of the
Tribunal.
(5)
Unless the Tribunal finds that IBB has made a mistake of law or fact, it must
30
confirm the decision of IBB.
(6)
If the Tribunal finds that IBB has made such a mistake it must—
(a)
direct IBB to remove the person from the list, or
(b)
remit the matter to IBB for a new decision.
(7)
If the Tribunal remits a matter to IBB under subsection (6)(b)—
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(a)
the Tribunal may set out any findings of fact which it has made (on
which IBB must base its new decision); and
(b)
the person must be removed from the list until IBB makes its new
decision, unless the Tribunal directs otherwise.
(8)
The Secretary of State may by regulations make provision as to the procedure
40
of the Tribunal (including provision as to the award of costs by the Tribunal).
(9)
A person may appeal on a point of law to the Court of Appeal against a
decision of the Tribunal.

Safeguarding Vulnerable Groups Bill [HL]
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(10)
An appeal under subsection (9) may be made only with the permission of the
Court of Appeal.
(11)
In this section “the Tribunal” means the Tribunal established under section 9 of
the Protection of Children Act 1999 (c. 14).
Regulated activity
5
5
Regulated activity
(1)
A reference to regulated activity relating to children must be construed in
accordance with Part 1 of Schedule 3.
(2)
A reference to regulated activity relating to vulnerable adults must be
construed in accordance with Part 2 of that Schedule.
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(3)
The Secretary of State may by order amend that Schedule so as to vary the
meaning of—
(a)
regulated activity relating to children;
(b)
regulated activity relating to vulnerable adults.
Regulated activity providers
15
6
Regulated activity providers
(1)
A reference to a regulated activity provider must be construed in accordance
with this section.
(2)
A person (P) is a regulated activity provider if—
(a)
he has responsibility for the management or control of regulated
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activity, and
(b)
he makes arrangements (whether in connection with a contract of
service or for services or otherwise) for another person to engage in that
activity.
(3)
P is not a regulated activity provider if he is an individual and the
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arrangements he makes are private arrangements.
(4)
Arrangements are private arrangements if the regulated activity is for, or for
the benefit of, P himself.
(5)
Arrangements are private arrangements if the regulated activity is for, or for
the benefit of, a child or vulnerable adult who is—
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(a)
a member of P’s family;
(b)
a friend of P.
(6)
A person does not make arrangements for another to engage in a regulated
activity merely because he (alone or together with others) appoints that person
to a position mentioned in paragraph 4(1)(a), (b), (g), (h), (i), (j), (m) or (n) of
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Schedule 3.
(7)
If a regulated activity provider is an unincorporated association any
requirement of or liability (including criminal liability) under this Act must be
taken to be a requirement on or liability of—
(a)
the person responsible for the management and control of the
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association, or

Safeguarding Vulnerable Groups Bill [HL]
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(b)
if there is more than one such person, all of them jointly and severally.
(8)
“Family” and “friend” must be construed in accordance with section 43.
Restrictions on participating in regulated activity
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Barred person not to engage in regulated activity
(1)
An individual commits an offence if he—
5
(a)
seeks to engage in regulated activity from which he is barred;
(b)
offers to engage in regulated activity from which he is barred;
(c)
engages in regulated activity from which he is barred.
(2)
A person guilty of an offence under subsection (1) is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
10
five years, or to a fine, or to both;
(b)
on summary conviction, to imprisonment for a term not exceeding 12
months, or to a fine, or to both.
(3)
It is a defence for a person charged with an offence under subsection (1) to
prove that he did not know, and could not reasonably be expected to know,
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that he was barred from that activity.
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Person not to engage in regulated activity unless subject to monitoring
(1)
An individual commits an offence if—
(a)
he engages in regulated activity with the permission of a regulated
activity provider, and
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(b)
he is not subject to monitoring in relation to that activity.
(2)
An individual commits an offence if—
(a)
he engages in an activity which is a regulated activity by virtue of
paragraph 1(4) of Schedule 3, and
(b)
he is not subject to monitoring in relation to regulated activity relating
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to children.
(3)
An individual commits an offence if—
(a)
he acts as a member of the governing body of an educational
establishment mentioned in subsection (5), and
(b)
he is not subject to monitoring in relation to regulated activity relating
30
to children.
(4)
A person guilty of an offence under subsection (1), (2) or (3) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.
(5)
The establishments are—
(a)
an educational institution which is exclusively or mainly for the
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provision of full-time education to children;
(b)
a maintained nursery school (within the meaning of section 39 of the
Education Act 2002 (c. 32)).
(6)
A person does not commit an offence under subsection (1) if, in relation to any
continuous period for which he is permitted to engage in the activity—
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(a)
the permission is first given before the commencement of this section,
and

Safeguarding Vulnerable Groups Bill [HL]
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(b)
it continues to have effect after such commencement.
(7)
Where subsection (6) applies to a person who is engaged in regulated activity
which is relevant NHS employment for the purposes of section 15(1)(d), he
does not commit an offence under subsection (1) if he also engages in any other
such regulated activity as mentioned in section 15.
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(8)
Subsection (6) does not apply in respect of permission which continues to have
effect after such date as the Secretary of State specifies by order.
(9)
A person does not commit an offence under subsection (1) if—
(a)
the activity is a regulated activity by virtue of paragraph 1(2) or 5(3) or
(4) of Schedule 3, and
10
(b)
he is permitted to engage in regulated activity in the establishment
mentioned in that paragraph only on an occasional basis.
(10)
A person does not commit an offence under subsection (1) if—
(a)
the regulated activity is regulated activity relating to vulnerable adults,
and
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(b)
the regulated activity provider falls within section 14.
(11)
A person does not commit an offence under subsection (3) if, in relation to any
continuous period for which he acts as a governor—
(a)
his appointment as a governor first took effect before the
commencement of this section, and
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(b)
it continues to have effect after such commencement.
(12)
Subsection (11) does not apply in respect of an appointment which continues
to have effect after such date as the Secretary of State specifies by order.
(13)
It is a defence for a person charged with an offence under subsection (1), (2) or
(3) to prove that he did not know, and could not reasonably be expected to
25
know, that he was not subject to monitoring in relation to the activity.
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Use of barred person for regulated activity
(1)
A regulated activity provider commits an offence if—
(a)
he permits an individual (B) to engage in regulated activity from which
B is barred, and
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(b)
he knows or has reason to believe that B is barred from that activity.
(2)
A personnel supplier commits an offence if—
(a)
he supplies an individual (B) to a regulated activity provider,
(b)
he knows or has reason to believe that the regulated activity provider
will make arrangements for B to engage in regulated activity from
35
which B is barred, and
(c)
he knows or has reason to believe that B is barred from that activity.
(3)
An individual commits an offence if—
(a)
pursuant to private arrangements (within the meaning of section 6(4) or
(5)), he permits B to engage in regulated activity from which B is barred,
40
and
(b)
he knows or has reason to believe that B is barred from that activity.
(4)
A person guilty of an offence under this section is liable—

Safeguarding Vulnerable Groups Bill [HL]
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(a)
on conviction on indictment, to imprisonment for a term not exceeding
five years, or to a fine, or to both;
(b)
on summary conviction, to imprisonment for a term not exceeding 12
months, or to a fine, or to both.
10
Use of person not subject to monitoring for regulated activity
5
(1)
A regulated activity provider commits an offence if—
(a)
he permits an individual (B) to engage in regulated activity in relation
to which B is not subject to monitoring, and
(b)
he knows or has reason to believe that B is not subject to monitoring in
relation to that activity.
10
(2)
A personnel supplier commits an offence if—
(a)
he supplies an individual (B) to a regulated activity provider,
(b)
he knows or has reason to believe that the regulated activity provider
will make arrangements for B to engage in regulated activity in relation
to which B is not subject to monitoring, and
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(c)
he knows or has reason to believe that B is not subject to monitoring in
relation that activity.
(3)
A person guilty of an offence under subsection (1) or (2) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(4)
A person does not commit an offence under subsection (1) if—
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(a)
the activity is a regulated activity by virtue of paragraph 1(2) or 5(3) or
(4) of Schedule 3, and
(b)
B is permitted to engage in regulated activity in the establishment
mentioned in that paragraph only on an occasional basis.
(5)
A person does not commit an offence under subsection (1) if, in relation to any
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continuous period for which B is permitted to engage in the regulated
activity—
(a)
the permission is first given before the commencement of this section,
and
(b)
it continues to have effect after such commencement.
30
(6)
A person does not commit an offence under subsection (1) if—
(a)
he falls within section 15,
(b)
the permission mentioned in subsection (1) commences at a time when
B is engaged in relevant NHS employment mentioned in section
15(1)(b) in circumstances mentioned in subsection (5), and
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(c)
for the duration of the permission mentioned in subsection (1) B
continues to be engaged in that relevant NHS employment.
(7)
Subsection (5) or (6) does not apply in respect of permission which continues
to have effect after such date as the Secretary of State specifies by order.
(8)
A person does not commit an offence under subsection (1) or (2) if—
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(a)
the regulated activity is regulated activity relating to vulnerable adults,
and
(b)
the regulated activity provider falls within section 14.