House of Commons portcullis
House of Commons
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]


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

45

 

(a)   

an educational institution which is exclusively or mainly for the

provision of full-time education to children;

(b)   

an establishment which is exclusively or mainly for the provision of

nursery education (within the meaning of section 117 of the School

Standards and Framework Act 1998 (c. 31));

5

(c)   

a hospital which is exclusively or mainly for the reception and

treatment of children;

(d)   

an institution which is exclusively or mainly for the detention of

children;

(e)   

a children’s home (within the meaning of section 1 of the Care

10

Standards Act 2000 (c. 14));

(f)   

a home provided in pursuance of arrangements under section 82(5)

of the Children Act 1989 (c. 41);

(g)   

relevant childcare premises.

      (2)  

Relevant childcare premises are any part of premises on which a person

15

carries on—

(a)   

any form of childcare (within the meaning of section 18 of the

Childcare Act 2006) in respect of which he must be registered under

that Act;

(b)   

any form of such childcare in respect of which he may be registered

20

under that Act, whether or not he is so registered;

(c)   

any form of childminding or day care (within the meaning of section

79A of the Children Act 1989) in respect of which he must be

registered under that Act.

Positions

25

4     (1)  

The persons referred to in paragraph 1(6) are—

(a)   

member of the governing body of an educational establishment

mentioned in section 8(5);

(b)   

member of a relevant local government body;

(c)   

director of children’s services of a local authority in England;

30

(d)   

director of adult social services of a local authority in England;

(e)   

director of social services of a local authority in Wales;

(f)   

chief education officer of a local authority in Wales;

(g)   

charity trustee of a children’s charity;

(h)   

member of the Youth Justice Board for England and Wales;

35

(i)   

Children’s Commissioner or deputy Children’s Commissioner

appointed under Part 1 of the Children Act 2004 (c. 31);

(j)   

Children’s Commissioner for Wales or deputy Children’s

Commissioner for Wales;

(k)   

operator of a database established in pursuance of section 12(1)(a) or

40

(b) or 29(1)(a) or (b) of the Children Act 2004;

(l)   

member of a Local Safeguarding Children Board established under

section 13 or 31 of that Act;

(m)   

member or chief executive of the Children and Family Court

Advisory and Support Service;

45

(n)   

member or chief executive of IBB.

      (2)  

For the purposes of sub-paragraph (1)(b), a person is a member of a relevant

local government body if—

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 2 — Regulated activity relating to vulnerable adults

46

 

(a)   

he is a member of a local authority and discharges any education

functions, or social services functions, of a local authority;

(b)   

he is a member of an executive of a local authority which discharges

any such functions;

(c)   

he is a member of a committee of an executive of a local authority

5

which discharges any such functions;

(d)   

he is a member of an area committee, or any other committee, of a

local authority which discharges any such functions.

      (3)  

Any reference in sub-paragraph (2) to a committee includes a reference to

any sub-committee which discharges any functions of that committee.

10

      (4)  

A charity is a children’s charity if the individuals who are workers for the

charity normally include individuals engaging in regulated activity relating

to children.

      (5)  

An individual is a worker for a charity if he does work under arrangements

made by the charity; but the arrangements referred to in this sub-paragraph

15

do not include any arrangements made for purposes which are merely

incidental to the purposes for which the charity is established.

      (6)  

In this paragraph—

“area committee” has the same meaning as in section 18 of the Local

Government Act 2000 (c. 22),

20

“charity” and “charity trustee” have the same meanings as in the

Charities Act 1993 (c. 10),

“education functions”, in relation to a local authority, means any

functions with respect to education which are conferred on the

authority in its capacity as a local education authority,

25

“executive”, in relation to a local authority, has the same meaning as in

Part 2 of the Local Government Act 2000,

“local authority” has the same meaning as in the Education Act 1996

(c. 56),

“social services functions”, in relation to a local authority, has the same

30

meaning as in the Local Authority Social Services Act 1970 (c. 42).

Part 2

Regulated activity relating to vulnerable adults

5     (1)  

Each of the following is a regulated activity relating to vulnerable adults if it

is carried out frequently by the same person—

35

(a)   

any form of training, teaching or instruction provided wholly or

mainly for vulnerable adults;

(b)   

any form of care for or supervision of vulnerable adults;

(c)   

any form of assistance, advice or guidance provided wholly or

mainly for vulnerable adults;

40

(d)   

any form of treatment or therapy provided for a vulnerable adult;

(e)   

moderating a public electronic interactive communication service

which is likely to be used wholly or mainly by vulnerable adults;

(f)   

anything done on behalf of a vulnerable adult in such circumstances

as are prescribed.

45

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 2 — Regulated activity relating to vulnerable adults

47

 

      (2)  

For the purposes of sub-paragraph (1)(e) a person moderates a public

electronic interactive communication service if, for the purpose of protecting

vulnerable adults, 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

5

service, or

(c)   

controlling access to, or use of, the service.

      (3)  

An activity of a description falling within any of paragraphs (a) to (d) or (f)

of sub-paragraph (1) is a regulated activity relating to vulnerable adults if it

is carried out in a care home (for the purposes of the Care Standards Act 2000

10

(c. 14)) which is exclusively or mainly for vulnerable adults.

      (4)  

An activity carried out in a care home (for the purposes of the Care

Standards Act 2000) which is exclusively or mainly for vulnerable adults is

a regulated activity relating to vulnerable adults if—

(a)   

it is carried out at the establishment frequently by the same person,

15

(b)   

it is carried out for or in connection with the purposes of the

establishment, and

(c)   

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 vulnerable adults.

20

      (5)  

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

in sub-paragraph (1), (3) or (4) is a regulated activity relating to vulnerable

adults.

      (6)  

The exercise of the functions of—

25

(a)   

the Commission for Healthcare, Audit and Inspection;

(b)   

the Commission for Social Care Inspection;

(c)   

the National Assembly for Wales,

           

so far as it relates to the inspection of an establishment, agency, person or

body falling within sub-paragraph (7) is a regulated activity relating to

30

vulnerable adults.

      (7)  

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,

(b)   

an agency in relation to which such a requirement arises,

35

(c)   

a person to whom Part 2 of that Act applies in pursuance of an order

under section 42 of that Act, or

(d)   

an NHS body within the meaning of section 148 of the Health and

Social Care (Community Health and Standards) Act 2003,

           

and it provides any form of care, treatment or therapy for vulnerable adults.

40

      (8)  

In sub-paragraph (7)(d) 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).

      (9)  

The exercise of the functions of the director of social services of a local

authority (within the meaning of section 1 of the Local Authority Social

45

Services Act 1970 (c. 42)) is a regulated activity relating to vulnerable adults.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information

48

 

Schedule 4

Section 25

 

Vetting Information

1     (1)  

The Secretary of State must provide a person who falls within column 1 of

the table below (A) with the information which relates to another person (B)

as specified in the corresponding entry in column 2 of that table if the

5

conditions in sub-paragraph (2) are satisfied.

      (2)  

The conditions are—

(a)   

A makes an application for the purposes of this Schedule containing

a declaration in the prescribed form or manner specifying the respect

in which he falls within column 1, and

10

(b)   

B consents in the prescribed form and manner to the provision of the

information to A.

 

Applicant

Vetting Information

 
 

Person who is considering whether to permit

Relevant information relating

 
 

B to engage in regulated activity relating to

to children

 

15

 

children

  
 

Person who is considering whether to permit

Relevant information relating

 
 

B to engage in regulated activity relating to

to vulnerable adults

 
 

vulnerable adults

  
 

Person who is considering whether to permit

Relevant information relating

 

20

 

B to engage in controlled activity relating to

to children

 
 

children

  
 

Person who is considering whether to permit

Relevant information relating

 
 

B to engage in controlled activity relating to

to vulnerable adults

 
 

vulnerable adults

  

25

 

Personnel supplier who is considering

Relevant information relating

 
 

whether to supply B to a regulated activity

to children

 
 

provider for B to engage in regulated activity

  
 

relating to children

  
 

Personnel supplier who is considering

Relevant information relating

 

30

 

whether to supply B to a regulated activity

to vulnerable adults

 
 

provider for B to engage in regulated activity

  
 

relating to vulnerable adults

  
 

Personnel supplier who is considering

Relevant information relating

 
 

whether to supply B to a person responsible

to children

 

35

 

for the management or control of controlled

  
 

activity for B to engage in controlled activity

  
 

relating to children

  
 

Personnel supplier who is considering

Relevant information relating

 
 

whether to supply B to a person responsible

to vulnerable adults

 

40

 

for the management or control of controlled

  
 

activity for B to engage in controlled activity

  
 

relating to vulnerable adults

  
 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information

49

 
 

Applicant

Vetting Information

 
 

Person who exercises regulatory functions in

Relevant information relating

 
 

respect of the provision of childcare services

to children

 
 

who is considering whether B is suitable to

  
 

live in premises with a person who provides

  

5

 

childcare on those premises

  
 

Local authority (within the meaning of the

Relevant information relating

 
 

Children Act 1989 (c. 41)) or fostering agency

to children

 
 

(within the meaning of section 4(4) of the

  
 

Care Standards Act 2000 (c. 14)) which is

  

10

 

considering whether B is suitable to live in

  
 

premises in which a child is fostered

  
 

Person who is considering whether B is

Relevant information relating

 
 

suitable to live in premises in which an adult

to vulnerable adults

 
 

is cared for or supported as part of an adult

  

15

 

placement scheme

  
 

Person who is considering whether to permit

Relevant information relating

 
 

B to have frequent access to health or

to children

 
 

educational records relating to a child

  
 

Person who is considering whether to permit

Relevant information relating

 

20

 

B to have frequent access to health records

to vulnerable adults

 
 

relating to vulnerable adults

  
 

Appropriate officer (within the meaning of

Relevant information relating

 
 

section 12) who is required to obtain relevant

to children

 
 

information relating to B

  

25

 

A supervisory authority within the meaning

Relevant information relating

 
 

of section 36(6)

to children or vulnerable

 
  

adults if it is required in

 
  

connection with the exercise

 
  

of a function of the authority

 

30

  

mentioned in section 36

 
 

The Public Guardian

Relevant information relating

 
  

to vulnerable adults

 
 

The keeper of a register specified in section

Relevant information relating

 
 

35(5)

to children and relevant

 

35

  

information relating to

 
  

vulnerable adults

 
 

Person of a prescribed description who is

Prescribed relevant

 
 

performing a prescribed function in

information

 
 

connection with B in such circumstances as

  

40

 

are prescribed

  
 

2          

Sub-paragraph (b) of paragraph 1(2) does not apply if—

(a)   

A is a supervisory authority (within the meaning of section 36(6)),

and the information is required in connection with the exercise of a

function of the authority mentioned in that section, or

45

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information

50

 

(b)   

A is an appropriate officer (within the meaning of section 12) and the

information is required in connection with the requirement for the

officer to obtain the relevant information for the purposes of that

section.

3     (1)  

In the first entry in the table the reference to regulated activity must be

5

construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 3 if

the activity A is considering whether to permit B to engage in—

(a)   

relates to a child who has not attained the age of 16, or

(b)   

is carried on for the purposes of the armed forces of the Crown.

      (2)  

In the first and second entries in the table the reference to regulated activity

10

includes a reference to an activity which would be a regulated activity if it

were carried out frequently.

4     (1)  

Relevant information relating to children is—

(a)   

whether B is barred from regulated activity relating to children;

(b)   

whether B is subject to monitoring in relation to regulated activity

15

relating to children;

(c)   

whether, at the time the information is provided, IBB is considering

whether to include B in the children’s barred list in pursuance of

paragraph 3 or 5 of Schedule 2;

(d)   

whether B is subject to a children’s direction and, if he is subject to

20

such a direction, such details as may be prescribed of the

circumstances in which the direction was given.

      (2)  

Relevant information relating to vulnerable adults is—

(a)   

whether B is barred from regulated activity relating to vulnerable

adults;

25

(b)   

whether B is subject to monitoring in relation to regulated activity

relating to vulnerable adults;

(c)   

whether, at the time the information is provided, IBB is considering

whether to include B in the adults’ barred list in pursuance of

paragraph 8 or 10 of that Schedule.

30

      (3)  

Prescribed relevant information is such information corresponding to the

information mentioned in sub-paragraph (1) or (2) as is prescribed.

5          

The Secretary of State may by order amend sub-paragraphs (1) and (2) of

paragraph 4 so as to add, remove or vary any paragraph for the time being

contained in them.

35

6     (1)  

A children’s direction is—

(a)   

a direction under section 142 of the Education Act 2002 (c. 32)

(prohibition from teaching, etc);

(b)   

anything which the Secretary of State specifies by order which he

thinks corresponds to such a direction and which is done for the

40

purposes of the law of Scotland or of Northern Ireland or of a country

or territory outside the United Kingdom.

      (2)  

An order under sub-paragraph (1)(b) may make such modifications of

paragraph 4(1)(d) as the Secretary of State thinks necessary or expedient in

consequence of the order.

45

7          

Childcare must be construed in accordance with section 18 of the Childcare

Act 2006.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments

51

 

8          

An adult placement scheme is a scheme—

(a)   

under which an individual agrees with the person carrying on 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

5

of the Care Standards Act 2000 (c. 14).

Schedule 5

Section 47

 

Amendments

Pharmacy Act 1954 (c. 61)

1          

In section 8 of the Pharmacy Act 1954 after subsection (1) insert—

10

“(1ZA)   

For the purposes of subsection (1), misconduct includes a decision by

the Independent Barring Board that the person is to be included in a

barred list (within the meaning of the Safeguarding Vulnerable

Groups Act 2006).”

Medical Act 1983 (c.54)

15

2          

In section 35C(2) of the Medical Act 1983 (functions of the Investigation

Committee), omit “or” at the end of paragraph (d) and after paragraph (e)

insert “; or

(f)   

a decision by the Independent Barring Board that the person

is to be included in a barred list (within the meaning of the

20

Safeguarding Vulnerable Groups Act 2006).”

Dentists Act 1984 (c. 24)

3     (1)  

The Dentists Act 1984 is amended as follows.

      (2)  

In section 27(2) (allegations), omit “or” at the end of paragraph (f) and after

paragraph (g) insert “; or

25

(h)   

a decision by the Independent Barring Board that the person

is to be included in a barred list (within the meaning of the

Safeguarding Vulnerable Groups Act 2006).”

      (3)  

In section 36N(2) (allegations), omit “or” at the end of paragraph (f) and after

paragraph (g) insert “; or

30

(h)   

a decision by the Independent Barring Board that the person

is to be included in a barred list (within the meaning of the

Safeguarding Vulnerable Groups Act 2006).”

      (4)  

In their application to Scotland, the amendments made by this paragraph do

not have effect in relation to a profession in so far as provision may be made

35

for the regulation of the profession by an Act of the Scottish Parliament.

Opticians Act 1989 (c. 44)

4          

In section 13D(2) of the Opticians Act 1989 (allegations), omit “or” at the end

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 9 June 2006