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Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments

52

 

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)

insert “; or

(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

(d) insert “; or

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).”

Police Act 1997 (c. 50)

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

Secretary of State —

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments

53

 

(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

person;

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

that Act);

(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

Act 2006).”

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);

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 6 — Repeals

54

 

(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

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

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

Schedule 6

10

Section 47

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

Criminal Justice and Court

Sections 26 to 38

 
 

Services Act 2000 (c. 43)

  
 

 

 
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