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Index of Amendments
Notices of Amendments
Tuesday 4th July 2006
For other Amendment(s) see the following page(s) of Supplement
Standing Committee B
Schedule 2, page 40, line 28, at end insert—
‘16A (1) If IBB refuses to place a person on a barred list following a referral, the organisation or individual who made the referral may ask for an internal review of the decision by IBB.
(2) IBB shall establish procedures for internal reviews established under this paragraph.
(3) No IBB employee involved with the original decision shall take part in a related internal review held under this paragraph.
(4) Any decision reached by an internal review shall be final.’.
Schedule 3, page 42, line 33, leave out sub-paragraph (b).
Clause 10, page 6, line 20, leave out subsection (4) and insert—
‘(4) A person does not commit an offence under subsection (1) if—
(a) the activity is a regulated activity by virtue of paragraph 1(1) or 5(1) of Schedule 3, and
(b) B is entitled to engage in a regulated activity mentioned in that paragraph only on an occasional basis.’.
Power of other organisations to refer to IBB
To move the following Clause:—
‘(1) Any organisation may provide IBB with any prescribed information they hold relating to a person if the first and second conditions are satisfied.
(2) The first condition is that the organisation thinks—
(a) that paragraph 1, 2, 6 or 7 of Schedule 2 applies to the person,
(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 9 of Schedule 2) occurring after the commencement of this section, or
(c) that the harm test is satisfied.
(3) The harm test is that the person may—
(a) harm a child or vulnerable adult,
(b) cause a child or vulnerable adult to be harmed,
(c) put a child or vulnerable adult at risk of harm,
(d) attempt to harm a child or vulnerable adult,
(e) incite another to harm a child or vulnerable adult.
(4) The second condition is that the organisation thinks—
(a) that the person is engaged or may engage in regulated activity or controlled activity, and
(b) (except in a case where paragraph 1, 2, 6 or 7 of Schedule 2 applies) that IBB may consider it appropriate for the person to be included in a barred list.
(5) For the purposes of paragraphs (2)(b) or (c), it is immaterial whether there is a finding of fact in any proceedings.
(6) An organisation may provide IBB with any prescribed information they hold relating to a person if—
(a) an orgaisation thinks that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 9 of Schedule 2) occurring before the commencement of this section, and
(b) the condition in subsection (4) is satisfied.
Other organisations: duty to provide information on request
To move the following Clause:—
‘(1) This section applies if IBB is considering—
(a) whether to include any person in a barred list; or
(b) whether to remove any person from a barred list.
(2) If IBB thinks that an organisation holds any prescribed information relating to the person specified in subsection (1), it may require the authority to provide it with the information.
(3) The organisation must comply with a requirement under subsection (2).’.
Clause 8, page 4, line 38, at end insert—
‘(c) a military training or educational establishment with recruits and trainees under 18.’.
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