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]
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Controlled activity
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Controlled activity relating to children
(1)
A reference to a controlled activity relating to children must be construed in
accordance with this section.
(2)
An activity which falls within any of subsections (3) to (5) is a controlled
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activity to the extent that it is not a regulated activity relating to children.
(3)
An activity falls within this subsection if—
(a)
it consists in or is carried out in connection with any form of health care,
treatment or therapy to which subsection (6) applies,
(b)
it is carried out frequently by the same person, and
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(c)
it gives the person an opportunity mentioned in subsection (7).
(4)
An activity falls within this subsection if—
(a)
it is carried out in a further education institution (within the meaning
of section 140(3) of the Education Act 2002 (c. 32)),
(b)
it is carried out frequently by the same person,
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(c)
it is carried out for or in connection with the purposes of the institution,
and
(d)
it gives the person the opportunity mentioned in subsection (7)(a).
(5)
An activity falls within this subsection if it consists in or involves on a regular
basis the day to day management or supervision of a person carrying out an
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activity which falls within subsection (3) or (4).
(6)
This subsection applies to health care, treatment or therapy which is provided
for a child—
(a)
in pursuance of arrangements made by or under an enactment,
(b)
in an establishment in relation to which a requirement to register arises
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under section 11 of the Care Standards Act 2000 (c. 14), or
(c)
by an agency in relation to which such a requirement arises.
(7)
The opportunities are—
(a)
opportunity to have any form of contact with children;
(b)
opportunity to have access to the medical records of children.
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19
Controlled activity relating to vulnerable adults
(1)
A reference to a controlled activity relating to vulnerable adults must be
construed in accordance with this section.
(2)
An activity which is ancillary to or is carried out wholly or mainly in relation
to an activity which falls within subsection (4) is a controlled activity to the
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extent that it is not a regulated activity relating to vulnerable adults if—
(a)
it is carried out frequently by the same person, and
(b)
it gives the person an opportunity mentioned in subsection (5).
(3)
An activity which consists in or involves on a regular basis the day to day
management or supervision of a person carrying out an activity mentioned in
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subsection (2) is also a controlled activity relating to vulnerable adults.
(4)
Each of the following falls within this section—

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(a)
the provision of primary care services;
(b)
the provision of hospital services;
(c)
the provision of domiciliary care;
(d)
the making of arrangements in connection with an adult placement
scheme;
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(e)
the provision of community care services;
(f)
such other activity as is prescribed.
(5)
The opportunities are—
(a)
opportunity to have any form of contact with a vulnerable adult;
(b)
opportunity to have access to the health records of a vulnerable adult;
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(c)
opportunity to have access to such other information as may be
prescribed relating to a vulnerable adult.
(6)
In this section—
“adult placement scheme” means a scheme—
(a)
under which an individual agrees with the person carrying on
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the scheme to provide care or support (which may include
accommodation) to an adult who is in need of it, and
(b)
in respect of which a requirement to register arises under
section 11 of the Care Standards Act 2000 (c. 14);
“community care services” has the same meaning as in section 46(3) of the
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National Health Service and Community Care Act 1990 (c. 19);
“domiciliary care” must be construed in accordance with section 44(4) and
(5);
“hospital services” means in-patient or out-patient services provided by—
(a)
a National Health Service trust;
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(b)
an NHS foundation trust;
(c)
a Primary Care Trust;
(d)
an independent hospital (within the meaning of section 2 of the
Care Standards Act 2000);
(e)
an independent clinic (within the meaning of that section);
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(f)
an independent medical agency (within the meaning of that
section);
“primary care services” means any of the following—
(a)
primary medical services provided under Part 1 of the National
Health Service Act 1977 (c. 49);
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(b)
primary dental services provided under that Part;
(c)
general ophthalmic services provided in accordance with
section 38 of that Act;
(d)
pharmaceutical services provided in pursuance of
arrangements made under section 41 or 41A of that Act or
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under Schedule 8A to that Act or section 28 of the Health and
Social Care Act 2001 (c. 15);
(e)
a service which corresponds to a service mentioned in any of
paragraphs (a) to (d) but which is provided otherwise than by
virtue of arrangements made pursuant to an enactment
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mentioned in that paragraph.

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Controlled activity: guidance
(1)
The appropriate authority may issue guidance as to the steps to be taken by a
person who falls within subsection (3) in relation to permitting another person
to engage in controlled activity.
(2)
A person who falls within subsection (3) must have regard to guidance issued
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under subsection (1).
(3)
These are the persons—
(a)
a Strategic Health Authority;
(b)
a Health Authority;
(c)
a Special Health Authority;
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(d)
a Primary Care Trust;
(e)
a Local Health Board;
(f)
a National Health Service trust;
(g)
an NHS foundation trust;
(h)
a local authority within the meaning of the Local Government Act 1972
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(c. 70);
(i)
a person carrying on or managing an establishment or agency in
relation to which a requirement to register arises under section 11 of the
Care Standards Act 2000 (c. 14);
(j)
a person carrying on or managing an activity in respect of which a
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requirement to register arises under that section as modified by
regulations under section 42 of that Act;
(k)
a further education institution (within the meaning of section 140(3) of
the Education Act 2002 (c. 32));
(l)
such other person as is prescribed carrying out an activity prescribed
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pursuant to section 19(4)(f).
(4)
The appropriate authority is—
(a)
in so far as any function of a person falling within subsection (3) is
exercisable in relation to Wales, the National Assembly for Wales;
(b)
in any other case, the Secretary of State.
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Monitoring
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Monitoring
(1)
An individual is subject to monitoring in relation to regulated activity if—
(a)
he is not barred from engaging in the activity,
(b)
he makes a monitoring application,
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(c)
he satisfies the prescribed identification requirements, and
(d)
he pays the prescribed fee.
(2)
A monitoring application must specify whether it is in respect of—
(a)
regulated activity relating to children, or
(b)
regulated activity relating to vulnerable adults.
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(3)
On a monitoring application being made the Secretary of State must—
(a)
make such enquiries as he thinks appropriate to ascertain whether any
relevant information exists in relation to the individual;
(b)
request the person who holds such information to provide it to him;

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(c)
provide the individual with any such information (except information
to which subsection (6) applies) unless he thinks that the individual has
already been provided with the information.
(4)
The Secretary of State must also ensure that—
(a)
at such intervals as he thinks appropriate such enquiries are made as he
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thinks appropriate to ascertain whether any new relevant information
exists in relation to the individual;
(b)
the person who holds such new relevant information is requested to
provide it to him.
(5)
Relevant information is—
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(a)
the prescribed details of relevant matter (within the meaning of section
113A of the Police Act 1997);
(b)
information which the chief officer of a relevant police force thinks
might be relevant in relation to the regulated activity concerned;
(c)
such other information as may be prescribed.
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(6)
This subsection applies to information mentioned in subsection (5)(b) which
the chief officer of a relevant police force thinks it would not be in the interests
of the prevention or detection of crime to disclose to an individual subject to
monitoring.
(7)
For the purposes of subsection (1)(a) an individual is to be regarded as being
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barred from regulated activity by virtue of paragraph 2 or 7 of Schedule 2 only
after IBB has decided under paragraph 2(4) or 7(4) not to remove him from the
barred list.
(8)
A monitoring application is an application made to the Secretary of State in the
prescribed form and manner.
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(9)
If the prescribed identification requirements include a requirement that the
applicant has his fingerprints taken at such place and in such manner as may
be prescribed, the regulations may make provision requiring their destruction
in specified circumstances and by specified persons.
(10)
For the purpose of verifying evidence of identity supplied in pursuance of the
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prescribed identification requirements the Secretary of State may obtain such
information as he thinks is appropriate from data held—
(a)
by the United Kingdom Passport Agency;
(b)
by the Driver and Vehicle Licensing Agency;
(c)
by the Secretary of State in connection with keeping records of national
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insurance numbers;
(d)
by such other persons or for such purposes as is prescribed.
(11)
Relevant information is new if it was not discovered when any earlier inquiries
under this section were carried out.
(12)
References to a relevant police force must be construed in accordance with
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section 113B of the Police Act 1997 (c. 50).
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Ceasing monitoring
(1)
The Secretary of State may cease monitoring as mentioned in section 21 in
relation to an individual in such circumstances as are prescribed.

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(2)
The Secretary of State must cease such monitoring in relation to an individual
who—
(a)
satisfies the Secretary of State that he is not engaged in the regulated
activity concerned, and
(b)
requests the Secretary of State to cease monitoring.
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Independent monitor
After section 119A of the Police Act 1997 (c. 50) (further sources of information:
Scotland) insert—
“119B
Independent monitor
(1)
There is to be an independent monitor for the purposes of this Part.
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(2)
The independent monitor is a person appointed by the Secretary of
State—
(a)
for such period, not exceeding three years, as the Secretary of
State decides;
(b)
on such terms as the Secretary of State decides.
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(3)
A person may be appointed for a further period or periods.
(4)
The Secretary of State may terminate the appointment of the
independent monitor before the end of the period mentioned in
subsection (2)(a) by giving the monitor notice of the termination not
less than three months before it is to take effect.
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(5)
The independent monitor must review—
(a)
all cases in which information is disclosed to a registered person
in pursuance of section 113B(6)(b);
(b)
a sample of cases in which a certificate issued under section
113B has included information in pursuance of subsection (4)(b)
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of that section;
(c)
a sample of cases in which the chief officer of a police force has
decided that information must not be included in a certificate or
report in pursuance of section 113B(4)(b) or disclosed in
pursuance of section 113B(5)(c) and (6)(b).
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(6)
The purpose of a review under subsection (5) is to ensure compliance
with Article 8 of the European Convention of Human Rights.
(7)
The independent monitor must in relation to each year make a report
to the Secretary of State about the performance of police forces in
exercising their functions under this Part.
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(8)
The independent monitor may make recommendations to the Secretary
of State as to—
(a)
any guidance issued by the Secretary of State or which the
monitor thinks it would be appropriate for the Secretary of State
to issue;
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(b)
any changes to any enactment which the monitor thinks may be
appropriate.
(9)
The chief officer of a police force must provide to the independent
monitor such information as the monitor reasonably requires in
connection with the exercise of his functions under this section.”
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