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Session 2005-06
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Thursday 13th July 2006

Standing Committee B


Safeguarding Vulnerable Groups Bill [Lords]


Note

The Amendments have been arranged in accordance with the Order of the Committee [11th July 2006].


Annette Brooke
Sarah Teather

105

Clause 6, page 3, line 23, after ‘services’, insert ‘or through provison of direct payment or individual budgets.’.

Mr Parmjit Dhanda

144

Clause 6, page 3, line 35, after ‘(m)’ insert ‘, (ma)’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

135

Clause 7, page 4, line 5, after ‘he’, insert ‘with the intention of misleading the IBB or a regulated activity provider.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

136

Clause 7, page 4, line 14, leave out subsection (3).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

61

Clause 7, page 4, line 16, at end add—

      ‘(4) A person shall be deemed guilty of an offence under subsection (1) if he has been charged with or convicted of an offence in a country other than the UK which, if committed in the UK, would have led to him being barred or considered for barring.’.


Mr Parmjit Dhanda

145

Clause 8, page 4, line 24, after ‘1(4)’ insert ‘or (5A)’.

Annette Brooke
Sarah Teather

1

Clause 8, page 4, line 38, at end insert—

        ‘(c) a Further Education Institution (within the meaning of section 140(3) of the Education Act 2002 (c. 32)).’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

137

Clause 8, page 4, line 38, at end insert—

        ‘(c) a residential health institution which is exclusively or partly for the provision of health care or rehabilitation to children.’.

Annette Brooke
Sarah Teather
Anne Main
Mr Rob Wilson

114

Clause 8, page 4, line 38, at end insert—

        ‘(c) a military training or educational establishment with recruits and trainees under 18.’.

Mr Parmjit Dhanda

146

Clause 8, page 4, line 38, at end insert—

      ‘( ) A person does not commit an offence under subsection (1) or (2) if he has not attained the age of 16.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

128

Clause 8, page 5, line 12, at end insert—

    ‘9A (1) Based on an assessment made in reference to guidance issued by the Secretary of State the employer will clearly set out what constitutes occasional activity for which monitoring is not necessary in relation to that specific setting.

    (2) (9A)(1) also applies to 10(4)(b) and 11(5)(b).’.


Mr Parmjit Dhanda

147

Clause 10, page 6, line 19, at end insert—

      ‘( ) A person does not commit an offence under subsection (1) or (2) if B has not attained the age of 16.’.

Annette Brooke
Sarah Teather

113

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.’.


Annette Brooke
Sarah Teather

106

Clause 11, page 7, line 3, after ‘check’, insert ‘, or

        (b) he makes arrangements through direct payments or individual budgets for another person (P) to permit an individual (B) to engage in a regulated activity and does not—

          (i) notify the individual (P) of the existence of the barred lists, and

          (ii) offer to undertake an appropriate check on behalf of (P).’.

Mr Parmjit Dhanda

148

Clause 11, page 7, line 9, at end insert—

      ‘( ) A person does not commit an offence under subsection (1) if B has not attained the age of 16.’.

Mr Parmjit Dhanda

149

Clause 11, page 7, leave out lines 15 to 18 and insert—

      ‘(5A) Subsection (6) applies if—

        (a) B engages in an activity which is a regulated activity, and

        (b) he does so with the permission of two (or more) regulated activity providers.

      (6) A regulated activity provider does not commit an offence under subsection (1) if, before the permission takes effect, he obtains written confirmation from the other regulated activity provider (or one of them) (C)—’.

Mr Parmjit Dhanda

150

Clause 11, page 7, line 29, at end insert—

      ‘(8A) C commits an offence if—

        (a) he provides the written confirmation mentioned in subsection (6), and

        (b) the condition in subsection (8B) or (8C) is satisfied in relation to him.

      (8B) The condition is that C has not made an appropriate check.

      (8C) The condition is that—

        (a) C has made an appropriate check, 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.’.

Mr Parmjit Dhanda

151

Clause 11, page 7, line 30, leave out ‘and (6)(a)’.

Mr Parmjit Dhanda

152

Clause 11, page 7, line 37, leave out ‘(a)’.


Mr Parmjit Dhanda

153

Clause 13, page 8, line 39, leave out ‘(a)’.


Mr Parmjit Dhanda
Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

58

Clause 14, page 9, line 15, leave out paragraph (a).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

59

Clause 14, page 9, line 16, leave out paragraph (b).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

60

Clause 14, page 9, line 19, leave out paragraph (c).

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

138

Clause 14, page 9, line 25, leave out ‘the control or management of’.

Mr Parmjit Dhanda

155

Clause 14, page 9, line 42, at end insert—

      ‘(3A) Paragraphs (d), (e), (f) and (g) of subsection (1) cease to have effect on the relevant day.

      (3B) The relevant day is—

        (a) the last day of the period of three years starting on the day any provision of this section is brought into force, or

        (b) such later day as the Secretary of State specifies by order.

      (3C) A date specified under subsection (3B)(b) must be not more than three years after—

        (a) the relevant day as mentioned in subsection (3B)(a), or

        (b) the last day specified in respect of the paragraph concerned under subsection (3B)(b).’.

Mr Parmjit Dhanda

156

Clause 14, page 9, line 43, leave out from ‘amend’ to end of line 45 and insert ‘or omit any paragraph of subsection (1)’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

139

Clause 15, page 10, line 10, after ‘body’ insert ‘, a provider of services contracted by an NHS body, or single-handed provider,’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

140

Clause 15, page 10, line 10, after second ‘employment’, insert ‘, paid or unpaid,’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

141

Clause 15, page 10, line 19, at end add—

        ‘(h) Mental Health or Social Care Trust.’.


Annette Brooke
Sarah Teather

107

Clause 16, page 10, line 34, after ‘body’, insert—

      ‘(4) If an offence under sections 9, 10 or 11 is committed by an individual acting on behalf of a body administering the provision of direct payments or individual budgets and is proved to have been committed with the consent or connivance of, or to be attributable to, neglect on the part of a designated responsible officer of the body, he (as well as the body) commits an offence.’.


Annette Brooke
Sarah Teather

2

Clause 18, page 11, line 8, leave out paragraph (a).

Mr Parmjit Dhanda

157

Clause 18, page 11, line 30, leave out ‘medical’ and insert ‘health’.

Mr Parmjit Dhanda

158

Clause 18, page 11, line 30, at end insert—

      ‘(8) The Secretary of State may, by order, amend subsections (2) to (7) (including by adding new subsections or omitting or varying any of the subsections or anything contained in them).’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

142

Clause 19, page 12, line 10, after ‘health’ insert ‘or personal’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

143

Clause 19, page 12, line 32, at end insert—

        ‘(g) an independent health provider;’.

Mr Parmjit Dhanda

159

Clause 19, page 12, leave out lines 34 to 36 and insert—

      ‘(a) primary medical services or primary dental services provided under the National Health Service Act 2006 (“the NHS Act”) or the National Health Service (Wales) Act 2006 (“the NHS (Wales) Act”);

      (b) general ophthalmic services provided under Part 6 of the NHS (Wales) Act;’.

Mr Parmjit Dhanda

160

Clause 19, page 12, line 38, leave out ‘that Act’ and insert ‘the National Health Service Act 1977’.

Mr Parmjit Dhanda

161

Clause 19, page 12, line 40, leave out from ‘section’ to end of line 42 and insert ‘126 or 127 of the NHS Act or section 80 or 81 of the NHS (Wales) Act, or local pharmaceutical services provided under section 134 of, or Schedule 12 to, the NHS Act or under section 92 of, or Schedule 7 to, the NHS (Wales) Act;’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

115

Clause 20, page 13, line 2, leave out ‘may issue guidance’ and insert ‘shall by regulation, subject to the affirmative resolution procedure, make provision’.

Mrs Madeleine Moon

131

Clause 20, page 13, line 4, at end insert—

      ‘(1A) Guidance issued under subsection (1) shall include a description of how an employer deciding to employ a barred person to undertake controlled activity will be required to demonstrate that they have considered the following—

        (a) the level of access to children or vulnerable adults afforded by the post;

        (b) what other information they had about an individual, including any summary of the reasons for a barring decision;

        (c) what safeguards they have put in place in order to minimise the risk of harm; and

        (d) how they will review the risk posed by the employment.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

108

Clause 20, page 13, line 5, leave out ‘have regard to’ and insert ‘act in accordance with any’.


Mr Parmjit Dhanda

162

Clause 21, page 13, line 36, leave out ‘identification’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

62

Clause 21, page 13, line 42, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

63

Clause 21, page 14, line 2, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

64

Clause 21, page 14, line 5, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

65

Clause 21, page 14, line 6, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

66

Clause 21, page 14, line 13, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

67

Clause 21, page 14, line 17, leave out ‘thinks’ and insert ‘believes’.

Mr Parmjit Dhanda

163

Clause 21, page 14, line 26, leave out ‘If the prescribed identification’ and insert ‘The prescribed requirements may include requirements as to the manner in which the applicant must prove his identity (identification requirements); and if such’.

Mr Parmjit Dhanda

164

Clause 21, page 14, line 31, leave out ‘prescribed’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

68

Clause 21, page 14, line 32, leave out ‘thinks’ and insert ‘believes’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

69

Clause 23, page 15, line 39, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

70

Clause 23, page 15, line 41, leave out ‘thinks’ and insert ‘believes’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

71

Clause 24, page 16, line 7, leave out ‘thinks’ and insert ‘has reason to suspect’.


Mr Parmjit Dhanda

187

Schedule 4, page 49, line 32, after ‘information’ insert ‘relating to children and relevant information’.

Mr Parmjit Dhanda

188

Schedule 4, page 49, line 37, at end insert—

‘Person who is considering whether to permit B to engage frequently in an activity in respect of which financial resources are provided pursuant to section 5(1) of the Learning and Skills Act 2000, if engaging in the activity gives B the opportunity to have contact with children Relevant information relating to children’.

Mr Parmjit Dhanda

189

Schedule 4, page 50, line 10, leave out ‘the first and second entries’ and insert ‘entries 1, 2, 5 and 6’.

Mr Parmjit Dhanda

190

Schedule 4, page 50, line 11, after ‘if’ insert ‘—

      ( ) ’.

Mr Parmjit Dhanda

191

Schedule 4, page 50, line 12, at end insert ‘or

      ( ) it were not merely incidental to another activity.’.

Mr Parmjit Dhanda

192

Schedule 4, page 50, line 12, at end insert—

    ‘( ) In entries 3, 4, 7 and 8 in the table the reference to controlled activity includes a reference to an activity which would be a controlled activity if it were carried out frequently.’.

Mr Parmjit Dhanda

193

Schedule 4, page 50, line 35, at end insert—

‘ Regulations may make provision requiring a local authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under section 17A of the Children Act 1989 or section 57 of the Health and Social Care Act 2001 to inform the person of his right to obtain relevant information in pursuance of this Schedule.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

102

Schedule 4, page 50, line 40, leave out ‘thinks’ and insert ‘has reason to believe’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

103

Schedule 4, page 50, line 44, leave out ‘thinks’ and insert ‘has reason to believe’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

72

Clause 26, page 16, line 24, leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

73

Clause 26, page 16, line 33, leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

74

Clause 26, page 16, line 39, leave out ‘thinks’ and insert ‘believes’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

75

Clause 27, page 17, line 34, leave out ‘thinks’ and insert ‘has reason to suspect’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

32

Clause 27, page 17, line 39, after ‘is’, insert ‘that there are reasonable grounds to suspect’.

Mr Parmjit Dhanda

165

Clause 27, page 17, line 44, at end insert—

      ‘( ) For the purposes of subsection (3)(b), conduct is inappropriate if it appears to the person to whom subsection (2) applies to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

33

Clause 27, page 18, line 4, at end add—

      ‘(7) In this section—
      “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another;
      “development” means physical, intellectual, emotional, social or behavioural development;
      “health” means physical or mental health; and
      “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.’.


Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

76

Clause 28, page 18, line 30, leave out ‘thinks’ and insert ‘believes’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

34

Clause 28, page 18, line 35, after ‘is’, insert ‘that there are reasonable grounds to suspect’.

Mr Parmjit Dhanda

166

Clause 28, page 18, line 40, at end insert—

      ‘( ) For the purposes of subsection (4)(b), conduct is inappropriate if it appears to the personnel supplier to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’.

Mrs Maria Miller
Tim Loughton
Anne Main
Mr Rob Wilson

35

Clause 28, page 19, line 4, at end add—

      ‘(10) In this section—
      “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another;
      “development” means physical, intellectual, emotional, social or behavioural development;
      “health” means physical or mental health; and
      “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.’.


 
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Prepared: 13 July 2006