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| | Clause 31, page 20, line 30, at end insert— |
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| | | ‘( ) | For the purposes of subsection (2)(b) or (6)(a), conduct is inappropriate if it |
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| | | appears to the local authority to be inappropriate having regard to the guidance |
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| | | issued by the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’. |
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| | Clause 31, page 20, line 32, at end add— |
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| | | “harm” means ill-treatment or the impairment of health or development |
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| | | including, for example, impairment suffered from seeing or hearing the ill- |
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| | | “development” means physical, intellectual, emotional, social or behavioural |
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| | | “health” means physical or mental health; and
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| | | “ill-treatment” includes sexual abuse and forms of ill-treatment which are not |
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| | | Clause, as amended, Agreed to. |
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| | Clause 32, page 20, line 37, leave out ‘thinks’ and insert ‘believes’. |
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| | Clause 33, page 21, line 6, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 33, page 21, line 12, after ‘is’, insert ‘that there are reasonable grounds to |
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| | Clause 33, page 21, line 18, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 33, page 21, line 28, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 33, page 21, line 31, at end insert— |
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| | | ‘( ) | For the purposes of subsection (2)(b) or (6)(a), conduct is inappropriate if it |
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| | | appears to the keeper to be inappropriate having regard to the guidance issued by |
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| | | the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.’. |
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| | Clause 33, page 21, line 33, at end add— |
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| | | “harm” means ill-treatment or the impairment of health or development |
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| | | including, for example, impairment suffered from seeing or hearing the ill- |
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| | | “development” means physical, intellectual, emotional, social or behavioural |
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| | | “health” means physical or mental health; and
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| | | “ill-treatment” includes sexual abuse and forms of ill-treatment which are not |
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| | | Clause, as amended, Agreed to. |
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| | Clause 35, page 22, line 4, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 35, page 22, line 17, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 35, page 23, line 35, leave out subsection (7) and insert— |
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| | | ‘(7) | A person is subject to a relevant disqualification if— |
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| | | (a) | he is included in a list maintained under the law of Scotland, Northern |
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| | | Ireland, or any other country or territory which the Secretary of State |
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| | | specifies by order, approved by resolution of both Houses of Parliament, |
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| | | as corresponding to a barred list; or |
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| | | (b) | he has been charged or convicted of a criminal offence in a country other |
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| | | than the United Kingdom which, if committed in the United Kingdom, |
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| | | would have led to him being barred or considered for barring.’. |
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| | Clause 35, page 23, line 37, at end insert— |
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| | | ‘(7A) | A person is subject to a relevant disqualification if he is included in a list |
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| | | maintained under the law of a country or territory outside the United Kingdom |
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| | | which the Secretary of State specifies by order, approved by a resolution of both |
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| | | Houses of Parliament, as corresponding to a barred list.’. |
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| | Clause 36, page 24, line 7, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 36, page 24, line 14, after ‘is’, insert ‘that there are reasonable grounds to |
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| | Clause 36, page 24, line 20, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 36, page 24, line 28, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 36, page 24, line 31, at end insert— |
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| | | ‘( ) | Subsection (1) does not apply if the supervisory authority is satisfied that IBB |
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| | | already has the information.’. |
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| | Clause 36, page 25, line 5, at end add— |
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| | | “harm” means ill-treatment or the impairment of health or development |
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| | | including, for example, impairment suffered from seeing or hearing the ill- |
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| | | “development” means physical, intellectual, emotional, social or behavioural |
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| | | “health” means physical or mental health; and
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| | | “ill-treatment” includes sexual abuse and forms of ill-treatment which are not |
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| | Clause 36, page 25, line 5, at end insert— |
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| | | ‘( ) | For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it |
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| | | appears to the supervisory authority to be inappropriate having regard to the |
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| | | guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of |
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| | | Clause, as amended, Agreed to. |
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| | Clause 37, page 25, line 9, leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Clause 39, page 25, line 36, at end insert— |
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| | | ‘( ) | The Secretary of State may provide that in prescribed circumstances the |
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| | | following paragraphs apply in place of section 11(9)(a) and (b)— |
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| | | “(a) | in the prescribed period he obtains the information in the |
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| | | (b) | in that period he takes the prescribed steps to have an enhanced |
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| | | criminal record certificate relating to the individual issued in |
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| | | relation to him under section 113B of the Police Act 1997.” |
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| | | ( ) | The Secretary of State may provide that in prescribed circumstances the |
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| | | following paragraphs apply in place of section 13(3)(a) and (b)— |
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| | | “(a) | in the prescribed period he obtains the relevant information |
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| | | (within the meaning of Schedule 4) relating to B in the prescribed |
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| | | (b) | in that period he takes the prescribed steps to have an enhanced |
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| | | criminal record certificate relating to B issued in relation to the |
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| | | personnel supplier under section 113B of the Police Act 1997.”’. |
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| | | Clause, as amended, Agreed to. |
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| | | Clauses 40 and 41 Agreed to. |
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| | Clause 42, page 26, line 19, at end insert— |
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| | | ‘(1A) | Subsection (1) shall not apply if it can be proven that there is an error on the |
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| | Clause 43, page 26, line 40, at end insert— |
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| | | ‘( ) | This section does not apply to— |
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| | | (a) | the appointment of a person as a deputy under section 16(2)(b) of the |
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| | | Mental Capacity Act 2005; |
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| | | (b) | the appointment of a person to any position mentioned in paragraph (a), |
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| | | (b) or (f) of section 44(10) or to exercise any function mentioned in that |
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| | | (c) | anything done by a person appointed as mentioned in paragraph (a) or (b) |
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| | | Clause, as amended, Agreed to. |
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| | Clause 44, page 28, line 16, at end insert ‘in receipt of residential accommodation |
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| | pursuant to arrangements made under section 21(1)(aa) of the National Assistance Act |
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| | 1948 or care pursuant to paragraph 1 of Schedule 8 to the National Health Service Act |
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| | Clause 44, page 28, line 16, leave out paragraph (d). |
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| | Clause 44, page 28, line 35, leave out from ‘section’ to the first ‘are’ in line 36 and |
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| | insert ‘248 of the National Health Service Act 2006 or section 187 of the National Health |
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| | Service (Wales) Act 2006)’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 46, page 29, line 30, at end insert— |
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| | | ‘( ) | by order under section 14(3B)(b),’. |
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| | Clause 46, page 29, line 30, at end insert— |
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| | | ‘( ) | by order under section 18(8), |
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| | | ( ) | in regulations under section 19(4)(f),’. |
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| | | Clause, as amended, Agreed to. |
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| | | Schedules 5 and 6 Agreed to. |
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| | | Clauses 48 to 50 Agreed to. |
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| | Clause 51, page 30, line 29, leave out subsection (2). |
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| | | Clause, as amended, Agreed to. |
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| | | Information sharing protocol |
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| | To move the following Clause:— |
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| | | The Secretary of State shall issue guidance on information sharing arrangements |
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| | | between police forces and local authorities for the purposes of the protection of |
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| | | children and vulnerable adults under this Act.’. |
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| | | Power of other organisations to refer to IBB |
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| | To move the following Clause:— |
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| | | ‘(1) | Any organisation may provide IBB with any prescribed information they hold |
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| | | relating to a person if the first and second conditions are satisfied. |
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| | | (2) | The first condition is that the organisation thinks— |
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| | | (a) | that paragraph (1), (2), (6) or (7) of Schedule 2 applies to the person, |
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| | | (b) | that the person has engaged in relevant conduct (within the meaning of |
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| | | paragraph (4) or (9) of Schedule 2) occurring after the commencement of |
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| | | (c) | that the harm test is satisfied. |
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