Safeguarding Vulnerable Groups Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]

Safeguarding Vulnerable Groups Bill [HL]
20

Local authority information and referrals
31
Local authorities: duty to refer
(1)
A local authority must provide IBB with any prescribed information they hold
relating to a person if the first and second conditions are satisfied.
(2)
The first condition is that the local authority think—
5
(a)
that paragraph 1, 2, 6 or 7 of Schedule 2 applies to the person,
(b)
that the person has engaged in relevant conduct (within the meaning of
paragraph 4 or 9 of Schedule 2) occurring after the commencement of
this section, or
(c)
that the harm test is satisfied.
10
(3)
The harm test is that the person may—
(a)
harm a child or vulnerable adult,
(b)
cause a child or vulnerable adult to be harmed,
(c)
put a child or vulnerable adult at risk of harm,
(d)
attempt to harm a child or vulnerable adult,
15
(e)
incite another to harm a child or vulnerable adult.
(4)
The second condition is that the local authority think—
(a)
that the person is engaged or may engage in regulated activity or
controlled activity, and
(b)
(except in a case where paragraph 1, 2, 6 or 7 of Schedule 2 applies) that
20
IBB may consider it appropriate for the person to be included in a
barred list.
(5)
For the purposes of subsection (2)(b) or (c), it is immaterial whether there is a
finding of fact in any proceedings.
(6)
A local authority may provide IBB with any prescribed information they hold
25
relating to a person if—
(a)
the local authority think that a person has engaged in relevant conduct
(within the meaning of paragraph 4 or 9 of Schedule 2) occurring before
the commencement of this section, and
(b)
the condition in subsection (4) is satisfied.
30
(7)
“Local authority” has the same meaning as in section 1 of the Local Authorities
(Goods and Services) Act 1970 (c. 39).
32
Local authorities: duty to provide information on request
(1)
This section applies if IBB is considering—
(a)
whether to include any person in a barred list;
35
(b)
whether to remove any person from a barred list.
(2)
If IBB thinks that a local authority hold any prescribed information relating to
the person, it may require the authority to provide it with the information.
(3)
The local authority must comply with a requirement under subsection (2).
(4)
“Local authority” has the same meaning as in section 1 of the Local Authorities
40
(Goods and Services) Act 1970.

Safeguarding Vulnerable Groups Bill [HL]
21

Professional bodies and supervisory authorities
33
Registers: duty to refer
(1)
A keeper of a relevant register must provide IBB with any prescribed
information he holds relating to a person if the first and second conditions are
satisfied.
5
(2)
The first condition is that the keeper thinks—
(a)
that paragraph 1, 2, 6 or 7 of Schedule 2 applies to the person,
(b)
that the person has engaged in relevant conduct (within the meaning of
paragraph 4 or 9 of Schedule 2) occurring after the commencement of
this section, or
10
(c)
that the harm test is satisfied.
(3)
The harm test is that the person may—
(a)
harm a child or vulnerable adult,
(b)
cause a child or vulnerable adult to be harmed,
(c)
put a child or vulnerable adult at risk of harm,
15
(d)
attempt to harm a child or vulnerable adult, or
(e)
incite another to harm a child or vulnerable adult.
(4)
The second condition is that the keeper thinks—
(a)
that the person is engaged or may engage in regulated activity or
controlled activity, and
20
(b)
(except in a case where paragraph 1, 2, 6 or 7 of Schedule 2 applies) that
IBB may consider it appropriate for the person to be included in a
barred list.
(5)
For the purposes of subsection (2)(b) or (c) it is immaterial whether there is a
finding of fact in any proceedings.
25
(6)
A keeper of a relevant register may provide IBB with any prescribed
information he holds relating to a person if—
(a)
he thinks that the person has engaged in relevant conduct (within the
meaning of paragraph 4 or 9 of Schedule 2) occurring before the
commencement of this section, and
30
(b)
the condition in subsection (4) is satisfied.
(7)
References to a relevant register and the keeper of a relevant register must be
construed in accordance with section 35(5).
34
Registers: duty to provide information on request
(1)
This section applies if IBB is considering—
35
(a)
whether to include in a barred list a person who appears on a relevant
register;
(b)
whether to remove such a person from a barred list.
(2)
IBB may require the keeper of the register to provide it with any prescribed
information he holds relating to the person.
40
(3)
The keeper of the register must comply with a requirement under subsection
(2).

Safeguarding Vulnerable Groups Bill [HL]
22

(4)
References to a relevant register and the keeper of a relevant register must be
construed in accordance with section 35(5).
35
Registers: notice of barring and cessation of monitoring
(1)
Subsection (2) applies if the Secretary of State knows or thinks that a person (A)
appears on a relevant register and either—
5
(a)
A is newly included in a barred list or the Secretary of State becomes
aware that A is subject to a relevant disqualification, or
(b)
having been subject to monitoring, A ceases to be so subject by virtue
of section 22.
(2)
The Secretary of State must—
10
(a)
notify the keeper of the register of the circumstances mentioned in
paragraph (a) or (b) (as the case may be) of subsection (1), and
(b)
in a case where A is newly included in a barred list, require IBB to
provide the keeper with all the information on which IBB relied in
deciding to include A in the list.
15
(3)
If IBB—
(a)
knows or thinks that a person appears on a relevant register; and
(b)
becomes aware of relevant information relating to that person,

it must provide the keeper of the register with that information.
(4)
In subsection (3), relevant information is information which—
20
(a)
relates to the protection of children or vulnerable adults in general, or
of any child or vulnerable adult in particular, and
(b)
is relevant to the exercise of any function of the keeper of the register,

but does not include information falling within paragraph 17(5) of Schedule 2.
(5)
In this section—
25
(a)
a relevant register is a register appearing in column 1 of the following
Table, and
(b)
in relation a relevant register, the keeper of the register is the
corresponding person appearing in column 2 of the Table.

Relevant register
Keeper of the register

30

The register of teachers maintained
The General Teaching Council

under section 3 of the Teaching and
for England or the General

Higher Education Act 1998 (c. 30)
Teaching Council for Wales, as

the case may be

The register of pharmaceutical chemists
The registrar appointed under

35

maintained under section 2 of the
section 1 of that Act

Pharmacy Act 1954 (c. 61)

Either of the lists of medical
The registrar of the General

practitioners kept under section 2 of the
Medical Council

Medical Act 1983 (c. 54)

40

Safeguarding Vulnerable Groups Bill [HL]
23

Relevant register
Keeper of the register

The dentists register kept under section
The registrar appointed under

14 of the Dentists Act 1984 (c. 24) or the
section 14 of that Act

dental care professionals register kept

under section 36B of that Act

5

The register of optometrists or the
The registrar of the General

register of dispensing opticians
Optical Council

maintained under section 7 of the

Opticians Act 1989 (c. 44), or the

register of persons undertaking training

10

as optometrists or the register of

persons undertaking training as

dispensing opticians maintained under

section 8A of that Act

The register of osteopaths maintained
The Registrar of Osteopaths

15

under section 2 of the Osteopaths Act

1993 (c. 21)

The register of chiropractors
The Registrar of Chiropractors

maintained under section 2 of the

Chiropractors Act 1994 (c. 17)

20

The register of social workers and social
The General Social Care

care workers maintained under section
Council or the Care Council for

56 of the Care Standards Act 2000 (c. 14)
Wales, as the case may be

The register of qualified nurses and
The registrar appointed under

midwives maintained under Article 5
Article 4 of that Order

25

of the Nursing and Midwifery Order

2001 (S.I. 2002/253)

The register of members of relevant
The registrar appointed under

professions maintained under Article 5
Article 4 of that Order

of the Health Professions Order 2001

30

(S.I. 2002/254)

(6)
The Secretary of State may by order amend the Table in subsection (5) by
inserting an entry or amending or omitting an entry for the time being
contained in the Table.
(7)
A person is subject to a relevant disqualification if he is included in a list
35
maintained under the law of Scotland or Northern Ireland which the Secretary
of State specifies by order as corresponding to a barred list.
(8)
This section does not affect any power of the Secretary of State by virtue of any
enactment or rule of law to—
(a)
inform any person about the circumstances mentioned in subsection
40
(1)(a) or (b);
(b)
provide any person with the information mentioned in subsection
(3)(b).

Safeguarding Vulnerable Groups Bill [HL]
24

(9)
In its application to Scotland, this section does not have effect in relation to a
profession in so far as provision may be made for the regulation of the
profession by an Act of the Scottish Parliament.
36
Supervisory authorities: duty to refer
(1)
A supervisory authority must provide IBB with any prescribed information it
5
holds relating to a person if the first and second conditions are satisfied.
(2)
The first condition is that the supervisory authority thinks, on the basis of
relevant evidence—
(a)
that paragraph 1, 2, 6 or 7 of Schedule 2 applies to the person,
(b)
that the person has engaged in relevant conduct (within the meaning of
10
paragraph 4 or 9 of Schedule 2) occurring after the commencement of
this section, or
(c)
that the harm test is satisfied.
(3)
The harm test is that the person may—
(a)
harm a child or vulnerable adult,
15
(b)
cause a child or vulnerable adult to be harmed,
(c)
put a child or vulnerable adult at risk of harm,
(d)
attempt to harm a child or vulnerable adult, or
(e)
incite another to harm a child or vulnerable adult.
(4)
The second condition is that the supervisory authority thinks—
20
(a)
that the person is engaged or may engage in regulated activity or
controlled activity, and
(b)
(except in a case where paragraph 1, 2, 6 or 7 of Schedule 2 applies) that
IBB may consider it appropriate for the person to be included in a
barred list.
25
(5)
The supervisory authority may provide IBB with any prescribed information it
holds relating to a person if—
(a)
it thinks, on the basis of relevant evidence, that the person has engaged
in relevant conduct (within the meaning of paragraph 4 or 9 of
Schedule 2) occurring before the commencement of this section, and
30
(b)
the condition in subsection (4) is satisfied.
(6)
A supervisory authority is—
(a)
a registration authority within the meaning of section 5 of the Care
Standards Act 2000 (c. 14) in respect of its functions under Part 2 of that
Act;
35
(b)
the Commission for Healthcare Audit and Inspection in respect of its
functions under Chapter 3 of Part 2 of the Health and Social Care
(Community Health and Standards) Act 2003 (c. 43);
(c)
the Commission for Social Care Inspection in respect of its functions
under Chapter 5 of Part 2 of that Act;
40
(d)
the National Assembly for Wales in respect of its functions under
Chapters 4 and 6 of Part 2 of that Act;
(e)
Her Majesty’s Chief Inspector of Schools in England in the exercise of
his functions;
(f)
Her Majesty’s Chief Inspector of Education and Training in Wales in
45
the exercise of his functions.

Safeguarding Vulnerable Groups Bill [HL]
25

(7)
Relevant evidence is evidence obtained by the supervisory authority in the
exercise of the functions mentioned in subsection (6).
(8)
The Secretary of State may by order amend subsection (6) by inserting a
paragraph or amending or omitting a paragraph for the time being contained
in the subsection.
5
37
Supervisory authorities: duty to provide information on request
(1)
This section applies if IBB is considering—
(a)
whether to include in a barred list a person in relation to whom IBB
thinks that a supervisory authority may have prescribed information;
(b)
whether to remove such a person from a barred list.
10
(2)
IBB may require the supervisory authority to provide it with any prescribed
information it holds relating to the person.
(3)
The supervisory authority must comply with a requirement under subsection
(2).
(4)
The references to a supervisory authority must be construed in accordance
15
with section 36(6).
38
Provision of information to supervisory authorities
(1)
This section applies if IBB—
(a)
has reason to believe that a person (A) is engaged in regulated activity
or controlled activity, and
20
(b)
has information relating to A which is relevant to a supervisory
authority.
(2)
IBB must provide the supervisory authority with the information.
(3)
Information is relevant to a supervisory authority if—
(a)
it relates to the protection of children or vulnerable adults in general, or
25
of any child or vulnerable adult in particular, and
(b)
is relevant to the exercise of any function of the authority,

but does not include information falling within paragraph 17(5) of Schedule 2.
(4)
References to a supervisory authority must be construed in accordance with
section 36(6).
30
Miscellaneous
39
Power to require certain information to be obtained
The Secretary of State may provide that in prescribed circumstances such of the
following provisions of this Act as are prescribed do not apply—
(a)
section 11(9)(b);
35
(b)
section 13(3)(b).
40
National Assembly for Wales
No act or omission by the National Assembly for Wales or any member, officer
or employee of the Assembly gives rise to—

Safeguarding Vulnerable Groups Bill [HL]
26

(a)
liability for any offence under this Act;
(b)
any civil liability arising in consequence of this Act.
41
Northern Ireland
An Order in Council under paragraph 1(1) of the Schedule to the Northern
Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of
5
devolved government) which contains a statement that it is made only for
purposes corresponding to those of this Act—
(a)
is not subject to paragraph 2 of that Schedule (affirmative resolution of
both Houses of Parliament), but
(b)
is subject to annulment in pursuance of a resolution of either House of
10
Parliament.
General
42
Damages
(1)
No claim for damages lies in respect of any loss or damage suffered by any
person in consequence of—
15
(a)
the fact that an individual is included in a barred list;
(b)
the fact that an individual is not included in a barred list;
(c)
the provision of prescribed information in pursuance of any of sections
27, 28, 29, 31, 32, 33, 34, 36 and 37.
(2)
Subsection (1)(c) does not apply to the provision of information which is
20
untrue by a person who knows the information is untrue and either—
(a)
he is the originator of the information and he knew at the time he
originated the information that it was not true, or
(b)
he causes another person to be the originator of the information
knowing, at the time the information is originated, that it is untrue.
25
(3)
Nothing in this Act affects section 8 of the Human Rights Act 1998 (c. 42) as it
relates to the power of a court to award damages in respect of an unlawful act
of a public authority (within the meaning of that Act).
43
Family and personal relationships
(1)
This Act does not apply to any activity which is carried out in the course of a
30
family relationship.
(2)
This Act does not apply to any activity which is carried out—
(a)
in the course of a personal relationship, and
(b)
for no commercial consideration.
(3)
A family relationship includes a relationship between two persons who—
35
(a)
live in the same household, and
(b)
treat each other as though they were members of the same family.
(4)
A personal relationship is a relationship between or among friends.
(5)
A friend of a person (A) includes a person who is a friend of a member of A’s
family.
40