|
| |
|
(b) | causes a vulnerable adult to be harmed, |
| |
(c) | puts a vulnerable adult at risk of harm, |
| |
(d) | attempts to harm a vulnerable adult, or |
| |
(e) | incites another to harm a vulnerable adult. |
| |
(3) | A person does not engage in relevant conduct merely by committing an |
| 5 |
offence prescribed for the purposes of this sub-paragraph. |
| |
(4) | For the purposes of sub-paragraph (1)(c) and (d), IBB must have regard to |
| |
guidance issued by the Secretary of State as to conduct which is |
| |
| |
| 10 |
10 (1) | This paragraph applies to a person if— |
| |
(a) | it appears to IBB that the person falls within sub-paragraph (4), and |
| |
(b) | IBB proposes to include him in the adults’ barred list. |
| |
(2) | IBB must give the person the opportunity to make representations as to why |
| |
he should not be included in the adults’ barred list. |
| 15 |
(3) | If it appears to IBB that it is appropriate to do so, it must include the person |
| |
in the adults’ barred list. |
| |
(4) | A person falls within this sub-paragraph if he may— |
| |
(a) | harm a vulnerable adult, |
| |
(b) | cause a vulnerable adult to be harmed, |
| 20 |
(c) | put a vulnerable adult at risk of harm, |
| |
(d) | attempt to harm a vulnerable adult, or |
| |
(e) | incite another to harm a vulnerable adult. |
| |
| |
| 25 |
| |
11 (1) | IBB must ensure that in respect of any information it receives in relation to |
| |
an individual from whatever source or of whatever nature it considers |
| |
whether the information is relevant to its consideration as to whether the |
| |
individual should be included in each barred list. |
| 30 |
(2) | Sub-paragraph (1) does not, without more, require IBB to give an individual |
| |
the opportunity to make representations as to why he should not be |
| |
included in a barred list. |
| |
12 | When an individual is included in a barred list IBB must take all reasonable |
| |
steps to notify the individual of that fact. |
| 35 |
13 (1) | The Secretary of State may, by regulations, make provision as to the |
| |
procedure to be followed for the purposes of any decision IBB is required or |
| |
authorised to take under this Schedule. |
| |
(2) | Such provision may include provision as to the time within which anything |
| |
| 40 |
|
| |
|
| |
|
| |
14 (1) | A person who is, by virtue of any provision of this Schedule, given an |
| |
opportunity to make representations must have the opportunity to make |
| |
representations in relation to all of the information on which IBB intends to |
| |
rely in taking a decision under this Schedule. |
| 5 |
(2) | Any requirement of this Schedule to give a person an opportunity to make |
| |
representations does not apply if IBB does not know and cannot reasonably |
| |
ascertain the whereabouts of the person. |
| |
(3) | The opportunity to make representations does not include the opportunity |
| |
to make representations that findings of fact made by a competent body |
| 10 |
| |
(4) | Findings of fact made by a competent body are findings of fact made in |
| |
proceedings before one of the following bodies or any of its committees— |
| |
(a) | the General Teaching Council for England; |
| |
(b) | the General Teaching Council for Wales; |
| 15 |
(c) | the Council of the Pharmaceutical Society of Great Britain; |
| |
(d) | the General Medical Council; |
| |
(e) | the General Dental Council; |
| |
(f) | the General Optical Council; |
| |
(g) | the General Osteopathic Council; |
| 20 |
(h) | the General Chiropractic Council; |
| |
(i) | the Nursing and Midwifery Council; |
| |
(j) | the Health Professions Council; |
| |
(k) | the General Social Care Council; |
| |
(l) | the Care Council for Wales. |
| 25 |
(5) | The Secretary of State may by order amend sub-paragraph (4) by inserting a |
| |
paragraph or amending or omitting a paragraph for the time being |
| |
contained in the sub-paragraph. |
| |
15 (1) | This paragraph applies to a person who is included in a barred list (except a |
| |
person included in pursuance of paragraph 1 or 6) if, before he was included |
| 30 |
in the list, IBB was unable to ascertain his whereabouts. |
| |
(2) | This paragraph also applies to a such a person if— |
| |
(a) | he did not, before the end of any time prescribed for the purpose, |
| |
make representations as to why he should not be included in the list, |
| |
| 35 |
(b) | IBB grants him permission to make such representations out of time. |
| |
(3) | If a person to whom this paragraph applies makes such representations after |
| |
| |
(a) | IBB must consider the representations, and |
| |
(b) | if it thinks that it is not appropriate for the person to be included in |
| 40 |
the list concerned, it must remove him from the list. |
| |
(4) | For the purposes of this paragraph, it is immaterial that any representations |
| |
mentioned in sub-paragraph (3) relate to a time after the person was |
| |
included in the list concerned. |
| |
|
| |
|
| |
|
| |
16 (1) | A person who is included in a barred list may apply to IBB for a review of |
| |
| |
(2) | An application for a review may be made only with the permission of IBB. |
| |
(3) | A person may apply for permission only if— |
| 5 |
(a) | the application is made after the end of the minimum barred period, |
| |
| |
(b) | in the prescribed period ending with the time when he applies for |
| |
permission, he has made no other such application. |
| |
(4) | IBB must not grant permission unless it thinks— |
| 10 |
(a) | that the person’s circumstances have changed since he was included |
| |
in the list or since he last applied for permission (as the case may be), |
| |
| |
(b) | that the change is such that permission should be granted. |
| |
(5) | On a review of a person’s inclusion, if IBB is satisfied that it is no longer |
| 15 |
appropriate for him to be included in the list it must remove him from it; |
| |
otherwise it must dismiss the application. |
| |
(6) | The minimum barred period is the prescribed period beginning with such of |
| |
the following as may be prescribed— |
| |
(a) | the date on which the person was first included in the list; |
| 20 |
(b) | the date on which any criterion prescribed for the purposes of |
| |
paragraph 1, 2, 6 or 7 is first satisfied; |
| |
(c) | where the person is included in the list on the grounds that he has |
| |
been convicted of an offence in respect of which a custodial sentence |
| |
(within the meaning of section 76 of the Powers of Criminal Courts |
| 25 |
(Sentencing) Act 2000 (c. 6)) was imposed, the date of his release; |
| |
(d) | the date on which the person made any representations as to why he |
| |
should not be included in the list. |
| |
| |
| 30 |
(a) | any person who holds records of convictions or cautions for the use |
| |
of police forces generally to provide to it any relevant information |
| |
relating to a person to whom any of paragraphs 1 to 5 or 6 to 10 above |
| |
| |
(b) | any person who holds such records to provide to it prescribed details |
| 35 |
of relevant matter (within the meaning of section 113A of the Police |
| |
Act 1997 (c. 50)) relating to a person to whom any of those |
| |
| |
(c) | the chief officer of a relevant police force to provide to it any such |
| |
| 40 |
(d) | any person who holds information prescribed for the purposes of |
| |
section 21(5)(c) to provide to it any such information relating to a |
| |
person to whom any of paragraphs 1 to 5 or 6 to 10 above apply. |
| |
(2) | For the purposes of sub-paragraph (1)(a), relevant information relating to a |
| |
person is information which the person holding the records thinks might be |
| 45 |
relevant in relation to the regulated activity concerned. |
| |
|
| |
|
| |
|
(3) | For the purposes of sub-paragraph (1)(c), relevant information relating to a |
| |
person is information which the chief officer thinks might be relevant in |
| |
relation to the regulated activity concerned. |
| |
(4) | IBB must pay to the appropriate police authority such fee as the Secretary of |
| |
State thinks appropriate for information provided to IBB in accordance with |
| 5 |
| |
(5) | For the purpose of deciding under this Schedule whether or not a person is |
| |
included in a barred list IBB must not take account of relevant police |
| |
information if the chief officer of the relevant police force thinks that it |
| |
would not be in the interests of the prevention or detection of crime to |
| 10 |
disclose the information to the person. |
| |
(6) | In sub-paragraph (5) relevant police information is information which falls |
| |
within sub-paragraph (3), whether it is obtained by IBB in pursuance of sub- |
| |
paragraph (1)(c) or paragraph 18(2). |
| |
| 15 |
“caution” has the same meaning as in section 126 of the Police Act 1997; |
| |
“relevant police force” must be construed in accordance with |
| |
subsection (9) of section 113B of that Act as if the person had made |
| |
an application for the purposes of that section. |
| |
18 (1) | The Secretary of State may provide to IBB any information relating to a |
| 20 |
person which is held by him in connection with his functions under— |
| |
(a) | the Protection of Children Act 1999 (c. 14), except section 9 (the |
| |
| |
(b) | Part 7 of the Care Standards Act 2000 (c. 14); |
| |
(c) | sections 142 to 144 of the Education Act 2002 (c. 32). |
| 25 |
(2) | The Secretary of State must provide to IBB any information relating to a |
| |
person which is held by him in connection with his functions under this Act |
| |
(except information he holds relating to an offence prescribed for the |
| |
purposes of paragraph 4(3) or 9(3) of this Schedule). |
| |
19 | IBB must provide the Secretary of State with the prescribed information |
| 30 |
| |
(a) | it includes that person in a barred list; |
| |
(b) | it is considering whether to include him in a barred list; |
| |
(c) | it thinks that any of the criteria prescribed for the purposes of |
| |
paragraph 1, 2, 6 or 7 is satisfied in relation to him and that the |
| 35 |
Secretary of State does not already have the information. |
| |
| |
20 (1) | The criteria which may be prescribed for the purposes of paragraphs 1, 2, 6 |
| |
| |
(a) | that a person has been convicted of, or cautioned in relation to, an |
| 40 |
offence of a specified description; |
| |
(b) | that an order of a specified description requiring the person to do or |
| |
not to do anything has been made against him; |
| |
(c) | that a person is included in a list maintained for the purposes of a |
| |
country or territory outside the United Kingdom if the Secretary of |
| 45 |
State thinks that inclusion in the list has a corresponding or similar |
| |
effect to inclusion in a barred list; |
| |
|
| |
|
| |
|
(d) | that an order or direction of a specified description requiring the |
| |
person to do or not to do anything has been made against him for the |
| |
purposes of a country or territory outside the United Kingdom. |
| |
(2) | The power to specify offences for the purposes of sub-paragraph (1) includes |
| |
power to specify offences under— |
| 5 |
(a) | the law of Scotland, Northern Ireland, the Channel Islands or the Isle |
| |
| |
(b) | section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18); |
| |
(c) | section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19); |
| |
(d) | section 42 of the Naval Discipline Act 1957 (c. 53). |
| 10 |
(3) | The criteria which may be prescribed for the purposes of paragraph 1 or 2 |
| |
must not consist only of circumstances in which the person has committed |
| |
an offence against a child before the commencement of section 2 if the court, |
| |
having considered whether to make a disqualification order, decided not to. |
| |
(4) | In sub-paragraph (3)— |
| 15 |
(a) | the reference to an offence committed against a child must be |
| |
construed in accordance with Part 2 of the Criminal Justice and Court |
| |
Services Act 2000 (c. 43); |
| |
(b) | a disqualification order is an order under section 28, 29 or 29A of that |
| |
| 20 |
(5) | For the purpose of considering whether the criteria apply to an individual, |
| |
the Secretary of State must, from time to time, examine records of |
| |
convictions or cautions held for the use of police forces generally. |
| |
(6) | Sub-paragraph (5) does not apply to records of convictions or cautions |
| |
relating to offences committed before such date as is prescribed. |
| 25 |
| |
| |
| |
| |
Regulated activity relating to children |
| |
Regulated activity: general |
| 30 |
1 (1) | An activity is a regulated activity relating to children if— |
| |
(a) | it is mentioned in paragraph 2(1), and |
| |
(b) | it is carried out frequently by the same person. |
| |
(2) | An activity is a regulated activity relating to children if— |
| |
(a) | it is mentioned in paragraph 2(1), and |
| 35 |
(b) | it is carried out in an establishment mentioned in paragraph 3(1). |
| |
(3) | An activity is a regulated activity relating to children if— |
| |
(a) | it is carried out frequently by the same person, |
| |
(b) | it is carried out in an establishment mentioned in paragraph 3(1), |
| |
|
| |
|
| |
|
(c) | the activity is carried out for or in connection with the purposes of |
| |
| |
(d) | it gives that person the opportunity, in consequence of anything he |
| |
is permitted or required to do in connection with the activity, to have |
| |
| 5 |
(4) | Each of the following, if carried out in England, is a regulated activity |
| |
relating to children (without prejudice to whether it would be a regulated |
| |
activity under the preceding provisions of this paragraph)— |
| |
(a) | providing early years childminding in respect of which a |
| |
requirement to register arises by section 33(1) of the Childcare Act |
| 10 |
2006 (requirement to register); |
| |
(b) | providing later years childminding in respect of which a |
| |
requirement to register arises by section 52(1) of that Act |
| |
(requirement to register); |
| |
(c) | providing early years childminding or later years childminding, if it |
| 15 |
is provided by a person who is registered by virtue of section 62(1) of |
| |
that Act (voluntary registration of childminders); |
| |
(d) | providing later years childminding for a child who has attained the |
| |
age of eight, if a requirement to register would arise in respect of that |
| |
provision by section 52(1) of that Act if the child had not attained that |
| 20 |
| |
(5) | Any expression used both in sub-paragraph (4) and in Part 3 of the Childcare |
| |
Act 2006 has the meaning given by that Act. |
| |
(6) | The exercise of a function of a person mentioned in paragraph 4(1) is a |
| |
regulated activity relating to children. |
| 25 |
(7) | The exercise of a function of any of the following so far as it relates to the |
| |
inspection of an establishment mentioned in paragraph 3(1) is a regulated |
| |
activity relating to children— |
| |
(a) | HM Chief Inspector of Schools in England; |
| |
(b) | HM Chief Inspector of Education and Training in Wales; |
| 30 |
(c) | a body approved in pursuance of section 163(1)(b) of the Education |
| |
Act 2002 (c. 32) to inspect a registered independent school; |
| |
(d) | HM Chief Inspector of Prisons; |
| |
(e) | the Commission for Social Care Inspection; |
| |
(f) | the Commission for Healthcare Audit and Inspection; |
| 35 |
(g) | the National Assembly for Wales. |
| |
(8) | The exercise of a function of— |
| |
(a) | the Commission for Healthcare Audit and Inspection, or |
| |
(b) | the National Assembly for Wales, |
| |
| so far as it relates to the inspection of an establishment, agency or body |
| 40 |
falling within sub-paragraph (9) is a regulated activity relating to children. |
| |
(9) | An establishment, agency or body falls within this sub-paragraph if it is— |
| |
(a) | an establishment in relation to which a requirement to register arises |
| |
under section 11 of the Care Standards Act 2000 (c. 14), |
| |
(b) | an agency in relation to which such a requirement arises, or |
| 45 |
(c) | an NHS body within the meaning of section 148 of the Health and |
| |
Social Care (Community Health and Standards) Act 2003 (c. 43), |
| |
| and it provides any form of treatment or therapy for children. |
| |
|
| |
|
| |
|
(10) | In sub-paragraph (9)(c) the reference to an NHS body includes a reference to |
| |
any person who provides, or is to provide, health care for the body |
| |
(wherever the health care is or is to be provided). |
| |
(11) | Any 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 |
| 5 |
in sub-paragraph (1), (2), (3), (7) or (8) is a regulated activity relating to |
| |
| |
| |
2 (1) | The activities referred to in paragraph 1(1) and (2) are— |
| |
(a) | any form of teaching, training or instruction of children, unless the |
| 10 |
teaching, training or instruction is merely incidental to teaching, |
| |
training or instruction of persons who are not children; |
| |
(b) | any form of care for or supervision of children, unless the care or |
| |
supervision is merely incidental to care for or supervision of persons |
| |
| 15 |
(c) | any form of advice or guidance provided wholly or mainly for |
| |
children, if the advice or guidance relates to their physical, emotional |
| |
or educational well-being; |
| |
(d) | any form of treatment or therapy provided for a child; |
| |
(e) | moderating a public electronic interactive communication service |
| 20 |
which is likely to be used wholly or mainly by children. |
| |
(2) | Sub-paragraph (1)(a), (b), (c) and (d) do not include— |
| |
(a) | teaching, training or instruction provided to a child in the course of |
| |
| |
(b) | care for or supervision of a child in the course of his employment; |
| 25 |
(c) | advice or guidance provided for a child in the course of his |
| |
| |
(d) | treatment or therapy provided for a child in the course of his |
| |
| |
(3) | Sub-paragraph (2) does not apply if— |
| 30 |
(a) | the child has not attained the age of 16, and |
| |
(b) | the activity is carried out by a person in respect of whom |
| |
arrangements exist principally for that purpose. |
| |
(4) | For the purposes of sub-paragraph (1)(e) a person moderates a public |
| |
electronic interactive communication service if, for the purpose of protecting |
| 35 |
children, he has any function relating to— |
| |
(a) | monitoring the content of matter which forms any part of the service, |
| |
(b) | removing matter from, or preventing the addition of matter to, the |
| |
| |
(c) | controlling access to, or use of, the service. |
| 40 |
(5) | In sub-paragraph (2) employment includes any form of work which is |
| |
carried out under the supervision or control of another, whether or not the |
| |
person carrying it out is paid for doing so. |
| |
| |
3 (1) | The establishments referred to in paragraph 1(2), (3) and (7) are— |
| 45 |
|
| |
|