|
| |
|
of paragraph (f) and after paragraph (g) insert “; or |
| |
(h) | a decision by the Independent Barring Board that the person |
| |
is to be included a barred list (within the meaning of the |
| |
Safeguarding Vulnerable Groups Act 2006).” |
| |
Osteopaths Act 1993 (c. 21) |
| 5 |
5 | In section 20(1) of the Osteopaths Act 1993 (professional conduct and fitness |
| |
to practise), omit “or” at the end of paragraph (c) and after paragraph (d) |
| |
| |
(e) | a decision has been taken by the Independent Barring Board |
| |
that he is to be included in a barred list (within the meaning |
| 10 |
of the Safeguarding Vulnerable Groups Act 2006).” |
| |
Chiropractors Act 1994 (c. 17) |
| |
6 | In section 20(1) of the Chiropractors Act 1994 (professional conduct and |
| |
fitness to practise), omit “or” at the end of paragraph (c) and after paragraph |
| |
| 15 |
(e) | a decision has been taken by the Independent Barring Board |
| |
that he is to be included in a barred list (within the meaning |
| |
of the Safeguarding Vulnerable Groups Act 2006).” |
| |
| |
7 (1) | The Police Act 1997 is amended as follows. |
| 20 |
(2) | In section 113A (criminal record certificates) after subsection (6) insert— |
| |
“(7) | The Secretary of State may by order amend the definitions of “central |
| |
records” and “relevant matter” in subsection (6). |
| |
(8) | The power to make an order under subsection (7) is exercisable by |
| |
statutory instrument, but no such order may be made unless a draft |
| 25 |
of the instrument containing the order is laid before and approved by |
| |
resolution of each House of Parliament.” |
| |
(3) | In section 113B (enhanced criminal record certificates)— |
| |
(a) | in subsection (2)(b) after “required” insert “for the purposes of an |
| |
exempted question asked”; |
| 30 |
(b) | after subsection (3) insert— |
| |
“(3A) | In such cases as are prescribed, an enhanced criminal record |
| |
certificate must also include relevant information (within the |
| |
meaning of Schedule 4 to the Safeguarding Vulnerable |
| |
Groups Act 2006) relating to the individual.” |
| 35 |
(4) | In section 119 (sources of information)— |
| |
(a) | in subsection (1), for the words from “his functions” to the end |
| |
substitute “a relevant function”; |
| |
(b) | in subsection (2) after “or 116” insert “or for the purposes of section |
| |
21 of the Safeguarding Vulnerable Groups Act 2006”; |
| 40 |
(c) | after subsection (7) insert— |
| |
“(8) | In this section a relevant function is a function of the |
| |
| |
|
| |
|
| |
|
(a) | under this Part in relation to any application for a |
| |
certificate or for registration; |
| |
(b) | under this Part in relation to the determination of |
| |
whether a person should continue to be a registered |
| |
| 5 |
(c) | under section 21 of the Safeguarding Vulnerable |
| |
Groups Act 2006 in relation to monitoring a person in |
| |
relation to a regulated activity (within the meaning of |
| |
| |
(d) | under paragraph 1, 2, 6 or 7 of Schedule 2 to that Act |
| 10 |
(considering whether criteria prescribed for the |
| |
purpose of that paragraph apply to an individual).” |
| |
Care Standards Act 2000 (c. 14) |
| |
8 | In section 58 of the Care Standards Act 2000, after subsection (3) insert— |
| |
“(4) | For the purposes of subsection (1)(a), in considering whether a |
| 15 |
person is of good character, the Council may have regard to whether |
| |
he is included in a barred list (within the meaning of the |
| |
Safeguarding Vulnerable Groups Act 2006).” |
| |
Nursing and Midwifery Order 2001 (S.I. 2002/253) |
| |
9 (1) | The Nursing and Midwifery Order 2001 is amended as follows. |
| 20 |
(2) | In Article 5, after paragraph (2) insert— |
| |
“(2A) | For the purposes of paragraph (2)(b), in considering whether a |
| |
person is of good character, regard may be had to whether he is |
| |
included in a barred list (within the meaning of the Safeguarding |
| |
Vulnerable Groups Act 2006).” |
| 25 |
(3) | In Article 22, in paragraph (1)— |
| |
(a) | omit “or” after sub-paragraph (a)(iv); |
| |
(b) | after sub-paragraph (a)(v) insert “or |
| |
(vi) | a decision by the Independent Barring |
| |
Board that the person is to be included |
| 30 |
in a barred list (within the meaning of |
| |
the Safeguarding Vulnerable Groups |
| |
| |
Health Professions Order 2001 (S.I. 2002/254) |
| |
10 (1) | The Health Professions Order 2001 is amended as follows. |
| 35 |
(2) | In Article 5, after paragraph (2) insert— |
| |
“(2A) | For the purposes of paragraph (2)(b), in considering whether a |
| |
person is of good character, regard may be had to whether he is |
| |
included in a barred list (within the meaning of the Safeguarding |
| |
Vulnerable Groups Act 2006).” |
| 40 |
(3) | In Article 22, in paragraph (1)— |
| |
(a) | omit “or” after sub-paragraph (a)(iv); |
| |
|
| |
|
| |
|
(b) | after sub-paragraph (a)(v) insert “or |
| |
(vi) | 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 |
| 5 |
| |
(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 |
| |
for the regulation of the profession by an Act of the Scottish Parliament. |
| |
| 10 |
| |
| |
| | | | | | Criminal Justice and Court |
| | | | | Services Act 2000 (c. 43) |
| | | |
|
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