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]
Schedule 2 — Barred lists
Part 3 — Supplementary
38

(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
inappropriate.
Risk of harm
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.
Part 3
Supplementary
25
Procedure
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
is to be done.
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Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary
39

Representations
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
were wrongly made.
      (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,
and
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
the prescribed time—
(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.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary
40

Review
16    (1)
A person who is included in a barred list may apply to IBB for a review of
his inclusion.
      (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,
and
(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),
and
(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.
Information
17    (1)
IBB may require—
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
apply;
(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
paragraphs apply;
(c)
the chief officer of a relevant police force to provide to it any such
relevant information;
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.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary
41

      (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
sub-paragraph (1)(c).
      (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).
      (7)
In this paragraph—
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
Tribunal);
(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
relating to a person if—
(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.
Prescribed criteria
20    (1)
The criteria which may be prescribed for the purposes of paragraphs 1, 2, 6
and 7 are—
(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;

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children
42

(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
of Man;
(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
Act.
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
Schedule 3
Section 5

Regulated Activity
Part 1
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),

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children
43

(c)
the activity is carried out for or in connection with the purposes of
the establishment, and
(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
contact with children.
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
age.
      (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.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children
44

     (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
children.
Activities
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
who are not children;
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
his employment;
(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
employment;
(d)
treatment or therapy provided for a child in the course of his
employment.
      (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
service, or
(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.
Establishments
3     (1)
The establishments referred to in paragraph 1(2), (3) and (7) are—
45