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| | Safeguarding Vulnerable Groups Bill [Lords]
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| | [THIRD and FOURTH Sittings]
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| | Clause 6, page 3, line 23, after ‘services’, insert ‘or through provison of direct |
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| | payment or individual budgets.’. |
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| | Clause 6, page 3, line 35, after ‘(m)’ insert ‘, (ma)’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 7, page 4, line 5, after ‘he’, insert ‘with the intention of misleading the IBB |
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| | or a regulated activity provider.’. |
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| | Clause 7, page 4, line 14, leave out subsection (3). |
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| | Clause 7, page 4, line 16, at end add— |
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| | | ‘(4) | A person shall be deemed guilty of an offence under subsection (1) if he has been |
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| | | charged with or convicted of an offence in a country other than the UK which, if |
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| | | committed in the UK, would have led to him being barred or considered for |
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| | Clause 8, page 4, line 24, after ‘1(4)’ insert ‘or (5A)’. |
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| | Clause 8, page 4, line 38, at end insert— |
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| | | ‘(c) | a Further Education Institution (within the meaning of section 140(3) of |
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| | | the Education Act 2002 (c. 32)).’. |
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| | Clause 8, page 4, line 38, at end insert— |
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| | | ‘(c) | a residential health institution which is exclusively or partly for the |
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| | | provision of health care or rehabilitation to children.’. |
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| | Clause 8, page 4, line 38, at end insert— |
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| | | ‘(c) | a military training or educational establishment with recruits and trainees |
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| | Clause 8, page 4, line 38, at end insert— |
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| | | ‘( ) | A person does not commit an offence under subsection (1) or (2) if he has not |
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| | | attained the age of 16.’. |
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| | Clause 8, page 5, line 12, at end insert— |
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| | | ‘9A(1) | Based on an assessment made in reference to guidance issued by the Secretary |
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| | | of State the employer will clearly set out what constitutes occasional activity |
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| | | for which monitoring is not necessary in relation to that specific setting. |
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| | | (2) | (9A)(1) also applies to 10(4)(b) and 11(5)(b).’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 10, page 6, line 19, at end insert— |
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| | | ‘( ) | A person does not commit an offence under subsection (1) or (2) if B has not |
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| | | attained the age of 16.’. |
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| | Clause 10, page 6, line 20, leave out subsection (4) and insert— |
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| | | ‘(4) | A person does not commit an offence under subsection (1) if— |
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| | | (a) | the activity is a regulated activity by virtue of paragraph 1(1) or 5(1) of |
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| | | (b) | B is entitled to engage in a regulated activity mentioned in that paragraph |
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| | | only on an occasional basis.’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 11, page 7, line 3, after ‘check’, insert ‘, or |
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| | | (b) | he makes arrangements through direct payments or individual budgets |
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| | | for another person (P) to permit an individual (B) to engage in a regulated |
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| | | (i) | notify the individual (P) of the existence of the barred lists, and |
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| | | (ii) | offer to undertake an appropriate check on behalf of (P).’. |
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| | Clause 11, page 7, line 9, at end insert— |
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| | | ‘( ) | A person does not commit an offence under subsection (1) if B has not attained |
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| | Clause 11, page 7, leave out lines 15 to 18 and insert— |
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| | | ‘(5A) | Subsection (6) applies if— |
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| | | (a) | B engages in an activity which is a regulated activity, and |
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| | | (b) | he does so with the permission of two (or more) regulated activity |
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| | | (6) | A regulated activity provider does not commit an offence under subsection (1) if, |
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| | | before the permission takes effect, he obtains written confirmation from the other |
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| | | regulated activity provider (or one of them) (C)—’. |
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| | Clause 11, page 7, line 29, at end insert— |
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| | | ‘(8A) | C commits an offence if— |
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| | | (a) | he provides the written confirmation mentioned in subsection (6), and |
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| | | (b) | the condition in subsection (8B) or (8C) is satisfied in relation to him. |
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| | | (8B) | The condition is that C has not made an appropriate check. |
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| | | (8C) | The condition is that— |
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| | | (a) | C has made an appropriate check, and |
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| | | (b) | before he gives the written confirmation he has reason to believe that B |
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| | | has become barred or is no longer subject to monitoring.’. |
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| | Clause 11, page 7, line 30, leave out ‘and (6)(a)’. |
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| | Clause 11, page 7, line 37, leave out ‘(a)’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 13, page 8, line 39, leave out ‘(a)’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 14, page 9, line 15, leave out paragraph (a). |
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| | Clause 14, page 9, line 16, leave out paragraph (b). |
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| | Clause 14, page 9, line 19, leave out paragraph (c). |
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| | Clause 14, page 9, line 25, leave out ‘the control or management of’. |
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| | Clause 14, page 9, line 42, at end insert— |
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| | | ‘(3A) | Paragraphs (d), (e), (f) and (g) of subsection (1) cease to have effect on the |
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| | | (3B) | The relevant day is— |
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| | | (a) | the last day of the period of three years starting on the day any provision |
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| | | of this section is brought into force, or |
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| | | (b) | such later day as the Secretary of State specifies by order. |
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| | | (3C) | A date specified under subsection (3B)(b) must be not more than three years |
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| | | (a) | the relevant day as mentioned in subsection (3B)(a), or |
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| | | (b) | the last day specified in respect of the paragraph concerned under |
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| | Clause 14, page 9, line 43, leave out from ‘amend’ to end of line 45 and insert ‘or |
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| | omit any paragraph of subsection (1)’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 15, page 10, line 10, after ‘body’ insert ‘, a provider of services contracted |
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| | by an NHS body, or single-handed provider,’. |
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| | Clause 15, page 10, line 10, after second ‘employment’, insert ‘, paid or unpaid,’. |
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| | Clause 15, page 10, line 19, at end add— |
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| | | ‘(h) | Mental Health or Social Care Trust.’. |
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| | Clause 16, page 10, line 34, after ‘body’, insert— |
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| | | ‘(4) | If an offence under sections 9, 10 or 11 is committed by an individual acting on |
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| | | behalf of a body administering the provision of direct payments or individual |
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| | | budgets and is proved to have been committed with the consent or connivance of, |
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| | | or to be attributable to, neglect on the part of a designated responsible officer of |
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| | | the body, he (as well as the body) commits an offence.’. |
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| | Clause 18, page 11, line 8, leave out paragraph (a). |
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| | Clause 18, page 11, line 30, leave out ‘medical’ and insert ‘health’. |
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| | Clause 18, page 11, line 30, at end insert— |
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| | | ‘(8) | The Secretary of State may, by order, amend subsections (2) to (7) (including by |
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| | | adding new subsections or omitting or varying any of the subsections or anything |
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| | | Clause, as amended, Agreed to. |
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| | Clause 19, page 12, line 10, after ‘health’ insert ‘or personal’. |
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| | Clause 19, page 12, line 32, at end insert— |
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| | | ‘(g) | an independent health provider;’. |
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| | Clause 19, page 12, leave out lines 34 to 36 and insert— |
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| | | ‘(a) | primary medical services or primary dental services provided |
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| | | under the National Health Service Act 2006 (“the NHS Act”) or |
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| | | the National Health Service (Wales) Act 2006 (“the NHS |
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| | | (b) | general ophthalmic services provided under Part 6 of the NHS |
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| | Clause 19, page 12, line 38, leave out ‘that Act’ and insert ‘the National Health |
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| | Clause 19, page 12, line 40, leave out from ‘section’ to end of line 42 and insert |
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| | ‘126 or 127 of the NHS Act or section 80 or 81 of the NHS (Wales) Act, or local |
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| | pharmaceutical services provided under section 134 of, or Schedule 12 to, the NHS Act |
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| | or under section 92 of, or Schedule 7 to, the NHS (Wales) Act;’. |
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