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]
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11
Regulated activity provider: failure to check
(1)
A regulated activity provider commits an offence if he permits an individual
(B) to engage in regulated activity without making an appropriate check.
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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(3)
A regulated activity provider makes an appropriate check if he obtains
relevant information (within the meaning of Schedule 4) relating to B.
(4)
A person does not commit an offence under subsection (1) if he falls within
section 14 or 15.
(5)
A person does not commit an offence under subsection (1) if—
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(a)
the activity is regulated activity by virtue of paragraph 1(2) or 5(3) or
(4) of Schedule 3, and
(b)
B is permitted to engage in regulated activity in the establishment
mentioned in that paragraph only on an occasional basis.
(6)
A person does not commit an offence under subsection (1) if, before the
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permission takes effect, he obtains written confirmation from another
regulated activity provider (C) who also permits B to engage in the regulated
activity—
(a)
that C has made an appropriate check, and
(b)
that C has no reason to believe that B either has become barred from the
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activity or is no longer subject to monitoring in relation to it.
(7)
A person does not commit an offence under subsection (1) if, in relation to any
continuous period for which B is permitted to engage in the regulated
activity—
(a)
the permission is first given before the commencement of this section,
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and
(b)
it continues to have effect after such commencement.
(8)
Subsection (7) does not apply in respect of permission which continues to have
effect after such date as the Secretary of State specifies by order.
(9)
For the purposes of subsection (3) and (6)(a) a regulated activity provider
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obtains the relevant information only if—
(a)
he obtains it as part of an enhanced criminal record certificate relating
to the individual issued in relation to him under section 113B of the
Police Act 1997 (c. 50) during the prescribed period, or
(b)
in that period he obtains the information by making an application
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under Schedule 4.
(10)
For the purposes of subsection (9)(a) an enhanced criminal record certificate is
issued in relation to a regulated activity provider only if—
(a)
he countersigned the application for the certificate as a registered
person for the purposes of Part 5 of the Police Act 1997, or
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(b)
the application was countersigned on his behalf by such a registered
person.
12
Educational establishments: check on members of governing body
(1)
The appropriate officer commits an offence if he fails in the prescribed period
to obtain relevant information (within the meaning of Schedule 4) relating to
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Safeguarding Vulnerable Groups Bill [HL]
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any person (B) who is appointed to the governing body of an educational
establishment mentioned in section 8(5).
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(3)
A person does not commit an offence under subsection (1) if, in relation to any
5
continuous period for which B is a member of the governing body of the
establishment—
(a)
the appointment first took effect before the commencement of this
section, and
(b)
it continues to have effect after such commencement.
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(4)
Subsection (3) does not apply in respect of an appointment which continues to
have effect after such date as the Secretary of State specifies by order.
(5)
An appropriate officer is such person as is prescribed.
13
Personnel suppliers and regulated activity
(1)
A regulated activity provider (A) does not commit an offence under section 11
15
if—
(a)
he permits an individual (B) to engage in regulated activity without
making an appropriate check (within the meaning of that section),
(b)
B is supplied to A by a personnel supplier,
(c)
the permission does not have continuous effect for a period exceeding
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the prescribed period, and
(d)
the condition in subsection (2) is satisfied.
(2)
The condition is that, in the prescribed period, A obtains written confirmation
from the personnel supplier—
(a)
that the personnel supplier has ascertained in accordance with
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subsection (3) that B is not barred from the activity and is subject to
monitoring in relation to the activity, and
(b)
that the personnel supplier has no reason to believe that B either has
become barred from the activity or is no longer subject to monitoring in
relation to it.
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(3)
A personnel supplier ascertains in accordance with this subsection that B is not
barred and is subject to monitoring only if—
(a)
he obtains the relevant information (within the meaning of Schedule 4)
relating to B as part of an enhanced criminal record certificate relating
to B issued in relation to the personnel supplier under section 113B of
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the Police Act 1997 (c. 50) during the prescribed period, or
(b)
in that period he obtains the information by making an application
under Schedule 4.
(4)
For the purposes of subsection (3)(a) an enhanced criminal record certificate is
issued in relation to a personnel supplier only if—
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(a)
he countersigned the application for the certificate as a registered
person for the purposes of Part 5 of the Police Act 1997, or
(b)
the application was countersigned on his behalf by such a registered
person.
(5)
A personnel supplier commits an offence if—
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Safeguarding Vulnerable Groups Bill [HL]
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(a)
he provides the written confirmation mentioned in subsection (2), and
(b)
the condition in subsection (6) or (7) is satisfied in relation to him.
(6)
The condition is that the personnel supplier has not ascertained in accordance
with subsection (3) that B is not barred and is subject to monitoring.
(7)
The condition is that—
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(a)
the personnel supplier has ascertained these matters in accordance
with subsection (3), and
(b)
before he gives the written confirmation he has reason to believe that B
has become barred or is no longer subject to monitoring.
(8)
A person guilty of an offence under subsection (5) is liable on summary
10
conviction to a fine not exceeding level 5 on the standard scale.
14
Exception to requirement to make monitoring check
(1)
A regulated activity provider in relation to vulnerable adults falls within this
section if—
(a)
he provides complementary or alternative therapy;
15
(b)
he is responsible for the control or management of an establishment in
which persons are detained in lawful custody (within the meaning of
section 44(7)(a) to (c));
(c)
he is responsible for the control or management of the provision of a
probation service;
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(d)
it is an organisation which provides recreational, social, sporting or
educational activities;
(e)
he provides wholly or mainly to vulnerable adults a course of
education or instruction which is of a prescribed description;
(f)
he is responsible for the control or management of the provision of
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housing (including sheltered housing);
(g)
he provides welfare services of a prescribed description;
(h)
he makes arrangements of any description in connection with the
making of a payment in pursuance of section 57 of the Health and
Social Care Act 2001 or the provision of services paid for out of such
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payments;
(i)
he makes arrangements for the appointment of a person or the
provision of a service as mentioned in section 44(10)(a), (b), (c) or (f).
(2)
A regulated activity provider which is a local authority does not fall within this
section by virtue of paragraph (d) or (f) of subsection (1) if the authority makes
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the provision in pursuance of any enactment.
(3)
In this section “welfare services”—
(a)
includes services which provide support, assistance, advice or
counselling to individuals with particular needs;
(b)
does not include community care services within the meaning of
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section 46 of the National Health Service and Community Care Act
1990 (c. 19).
(4)
The Secretary of State may by order amend subsection (1) by inserting a
paragraph or amending or omitting a paragraph for the time being contained
in the subsection.
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Safeguarding Vulnerable Groups Bill [HL]
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NHS employment
(1)
A regulated activity provider falls within this section if—
(a)
he permits a person (E) to engage in regulated activity in pursuance of
arrangements made by another person,
(b)
immediately before the permission takes effect E is engaged in relevant
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NHS employment,
(c)
for the duration of the permission E continues to be engaged in that
relevant NHS employment, and
(d)
the regulated activity is also relevant NHS employment.
(2)
Relevant NHS employment is employment with an NHS body in which the
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employee engages in regulated activity.
(3)
Each of the following is an NHS body—
(a)
a National Health Service trust;
(b)
a Strategic Health Authority;
(c)
an NHS foundation trust;
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(d)
a Health Authority;
(e)
a Local Health Board;
(f)
a Special Health Authority;
(g)
a Primary Care Trust.
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Offences: companies etc.
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(1)
If an offence under section 9, 10 or 11 is committed by a body corporate and is
proved to have been committed with the consent or connivance of, or to be
attributable to neglect on the part of—
(a)
a director, manager, secretary or other similar officer of the body, or
(b)
a person purporting to act in such a capacity,
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he (as well as the body) commits the offence.
(2)
If an offence under section 9, 10 or 11 is committed by a partnership (whether
or not a limited partnership) and is proved to have been committed with the
consent or connivance of, or to be attributable to neglect on the part of—
(a)
a partner, or
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(b)
a person purporting to act as a partner,

he (as well as the partnership) commits the offence.
(3)
In subsection (1), “director”, in relation to a body corporate whose affairs are
managed by its members, means a member of the body.
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Offences: employees
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(1)
If the commission of an offence under section 9, 10 or 11 is due to the act or
default of an employee of a regulated activity provider or personnel supplier,
the employee is guilty of the offence; and the employee may be proceeded
against and punished whether or not proceedings are also taken against his
employer.
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(2)
For the purposes of subsection (1), an employee includes a person who acts in
an unpaid capacity under the direction of the officers of an unincorporated
body.