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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(a)
at such intervals as he thinks appropriate such enquiries are made as he
thinks appropriate to ascertain whether any new relevant information
exists in relation to the individual;
(b)
the person who holds such new relevant information is requested to
provide it to him.
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(5)
Relevant information is—
(a)
the prescribed details of relevant matter (within the meaning of section
113A of the Police Act 1997);
(b)
information which the chief officer of a relevant police force thinks
might be relevant in relation to the regulated activity concerned;
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(c)
such other information as may be prescribed.
(6)
This subsection applies to information mentioned in subsection (5)(b) which
the chief officer of a relevant police force thinks it would not be in the interests
of the prevention or detection of crime to disclose to an individual subject to
monitoring.
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(7)
For the purposes of subsection (1)(a) an individual is to be regarded as being
barred from regulated activity by virtue of paragraph 2 or 7 of Schedule 2 only
after IBB has decided under paragraph 2(4) or 7(4) not to remove him from the
barred list.
(8)
A monitoring application is an application made to the Secretary of State in the
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prescribed form and manner.
(9)
The prescribed requirements may include requirements as to the manner in
which the applicant must prove his identity (identification requirements); and
if such requirements include a requirement that the applicant has his
fingerprints taken at such place and in such manner as may be prescribed, the
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regulations may make provision requiring their destruction in specified
circumstances and by specified persons.
(10)
For the purpose of verifying evidence of identity supplied in pursuance of the
identification requirements the Secretary of State may obtain such information
as he thinks is appropriate from data held—
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(a)
by the United Kingdom Passport Agency;
(b)
by the Driver and Vehicle Licensing Agency;
(c)
by the Secretary of State in connection with keeping records of national
insurance numbers;
(d)
by such other persons or for such purposes as is prescribed.
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(11)
Relevant information is new if it was not discovered when any earlier inquiries
under this section were carried out.
(12)
References to a relevant police force must be construed in accordance with
section 113B of the Police Act 1997 (c. 50).
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Ceasing monitoring
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(1)
The Secretary of State may cease monitoring as mentioned in section 21 in
relation to an individual in such circumstances as are prescribed.
(2)
The Secretary of State must cease such monitoring in relation to an individual
who—

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(a)
satisfies the Secretary of State that he is not engaged in the regulated
activity concerned, and
(b)
requests the Secretary of State to cease monitoring.
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Independent monitor
After section 119A of the Police Act 1997 (c. 50) (further sources of information:
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Scotland) insert—
“119B
Independent monitor
(1)
There is to be an independent monitor for the purposes of this Part.
(2)
The independent monitor is a person appointed by the Secretary of
State—
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(a)
for such period, not exceeding three years, as the Secretary of
State decides;
(b)
on such terms as the Secretary of State decides.
(3)
A person may be appointed for a further period or periods.
(4)
The Secretary of State may terminate the appointment of the
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independent monitor before the end of the period mentioned in
subsection (2)(a) by giving the monitor notice of the termination not
less than three months before it is to take effect.
(5)
The independent monitor must review—
(a)
all cases in which information is disclosed to a registered person
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in pursuance of section 113B(6)(b);
(b)
a sample of cases in which a certificate issued under section
113B has included information in pursuance of subsection (4)(b)
of that section;
(c)
a sample of cases in which the chief officer of a police force has
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decided that information must not be included in a certificate or
report in pursuance of section 113B(4)(b) or disclosed in
pursuance of section 113B(5)(c) and (6)(b).
(6)
The purpose of a review under subsection (5) is to ensure compliance
with Article 8 of the European Convention of Human Rights.
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(7)
The independent monitor must in relation to each year make a report
to the Secretary of State about the performance of police forces in
exercising their functions under this Part.
(8)
The independent monitor may make recommendations to the Secretary
of State as to—
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(a)
any guidance issued by the Secretary of State or which the
monitor thinks it would be appropriate for the Secretary of State
to issue;
(b)
any changes to any enactment which the monitor thinks may be
appropriate.
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(9)
The chief officer of a police force must provide to the independent
monitor such information as the monitor reasonably requires in
connection with the exercise of his functions under this section.”

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Part 5 of the Police Act 1997: code of practice
(1)
Section 122 of the Police Act 1997 (c. 50) (code of practice) is amended as
follows.
(2)
In subsection (1) after “information provided to” insert “, or the discharge of
any function by,”.
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(3)
In subsection (3) for the words from “The Secretary of State” to “application”
substitute “Subsection (3A) applies if the Secretary of State thinks that the
registered person who countersigned an application for a certificate under
section 113A or 113B”.
(4)
After subsection (3) insert—
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“(3A)
The Secretary of State may—
(a)
refuse to issue the certificate;
(b)
suspend the registration of the person;
(c)
cancel the registration of the person.
(3B)
Section 120AB applies if the Secretary of State proposes to suspend or
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cancel a person’s registration under subsection (3A) above as it applies
if he proposes to suspend or cancel a person’s registration by virtue of
section 120AA.”
Notices and information
25
Provision of vetting information
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Schedule 4 has effect in relation to the provision of certain information relating
to individuals.
26
Notice of barring and cessation of monitoring
(1)
Subsection (2) applies if the Secretary of State knows or thinks that a person (A)
is permitting another person (B) to engage in regulated activity or controlled
25
activity and either—
(a)
B is newly included in the appropriate barred list or the Secretary of
State becomes aware that B is subject to a relevant disqualification, or
(b)
having been subject to appropriate monitoring, B ceases to be so subject
by virtue of section 22.
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(2)
The Secretary of State must notify A of the circumstances mentioned in
paragraph (a) or (b) (as the case may be) of subsection (1).
(3)
Subsection (4) applies if the Secretary of State knows or thinks that—
(a)
a person (B) is engaged in regulated activity or controlled activity in
circumstances other than where B is permitted to do so by a regulated
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activity provider or a person having responsibility for the management
or control of controlled activity (as the case may be), and
(b)
paragraph (a) or (b) of subsection (1) applies to B.
(4)
The Secretary of State must notify each supervisory authority he thinks
appropriate of the circumstances mentioned in paragraph (a) or (b) (as the case
40
may be) of subsection (1).

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(5)
The appropriate barred list is—
(a)
if the regulated activity or controlled activity in which B is engaged
relates to children, the children’s barred list;
(b)
if the regulated activity or controlled activity in which B is engaged
relates to vulnerable adults, the adults’ barred list.
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(6)
Appropriate monitoring is—
(a)
if the regulated activity or controlled activity in which B is engaged
relates to children, monitoring in relation to regulated activity relating
to children;
(b)
if the regulated activity or controlled activity in which B is engaged
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relates to vulnerable adults, monitoring in relation to regulated activity
relating to vulnerable adults.
(7)
A person is subject to a relevant disqualification if he is included in a list
maintained under the law of Scotland or Northern Ireland which the Secretary
of State specifies by order as corresponding to a barred list.
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(8)
The reference in subsection (4) to a supervisory authority must be construed in
accordance with section 36(7).
(9)
This section does not affect any power of the Secretary of State by virtue of any
enactment or rule of law to inform any person about the circumstances
mentioned in subsection (1)(a) or (b).
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27
Regulated activity providers: duty to refer
(1)
Subsection (2) applies to—
(a)
a regulated activity provider who holds any prescribed information in
relation to a person (P) engaged in regulated activity provided by him;
(b)
a person having any responsibility for the management or control of
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controlled activity who holds any prescribed information in relation to
a person (P) whom he permits to engage in controlled activity.
(2)
A person to whom this subsection applies must provide IBB with the
information if—
(a)
he withdraws permission for P to engage in the activity for a reason
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mentioned in subsection (3), or
(b)
he does not withdraw permission for such a reason but would or might
have done so if P had not otherwise ceased to engage in the activity.
(3)
The reasons are that the person to whom subsection (2) applies thinks—
(a)
that paragraph 1, 2, 6 or 7 of Schedule 2 applies to P,
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(b)
that P has engaged in relevant conduct (within the meaning of
paragraph 4 or 9 of Schedule 2), or
(c)
that the harm test is satisfied.
(4)
The harm test is that P may—
(a)
harm a child or vulnerable adult,
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(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, or
(e)
incite another to harm a child or vulnerable adult.

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(5)
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.
(6)
If a person to whom subsection (2) applies falls within section 14, that
5
subsection must be read as if for “must” there is substituted “may”.
(7)
This section does not apply if the conditions specified in subsection (2) are
fulfilled before the section is commenced.
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Personnel suppliers: duty to refer
(1)
A personnel supplier must provide IBB with any prescribed information it
10
holds in relation to a person (P) who has been supplied by it to another person
if the supplier knows that P has ceased to be engaged in regulated activity or
controlled activity in the circumstances mentioned in subsection (2)(a) or (b) of
section 27.
(2)
A personnel supplier which is an employment agency or employment business
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must provide IBB with any prescribed information it holds in relation to a
person (P) for whom it acts if—
(a)
the agency or business determines to cease to act for P for a reason
mentioned in subsection (4), or
(b)
it does not determine to cease to act for P for such a reason but would
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or might have done so if its arrangement with, or employment of, him
had not otherwise come to an end.
(3)
A personnel supplier which is an educational institution must provide IBB
with any prescribed information it holds in relation to a student (P) following
a course at the institution if—
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(a)
the institution determines to cease to supply P to another person for
him to engage in regulated or controlled activity for a reason
mentioned in subsection (4),
(b)
the institution determines that P should cease to follow a course at the
institution for a reason mentioned in subsection (4), or
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(c)
it does not determine as mentioned in paragraph (a) or (b) for such a
reason but would or might have done so if P had not otherwise ceased
to engage in the activity or ceased to follow the course.
(4)
The reasons are that the personnel supplier thinks—
(a)
that paragraph 1, 2, 6 or 7 of Schedule 2 applies to P,
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(b)
that P has engaged in relevant conduct (within the meaning of
paragraph 4 or 9 of Schedule 2), or
(c)
that the harm test is satisfied.
(5)
The harm test is that P may—
(a)
harm a child or vulnerable adult,
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(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, or
(e)
incite another to harm a child or vulnerable adult.

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(6)
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.
(7)
An employment agency acts for a person if it makes arrangements with him
with a view to—
5
(a)
finding him employment with an employer, or
(b)
supplying him to employers for employment by them.
(8)
An employment business acts for a person if it employs him to act for and
under the control of other persons in any capacity.
(9)
In this section “employment” has the same meaning as in the Employment
10
Agencies Act 1973 (c. 35).
(10)
This section does not apply if the conditions specified in subsection (1), (2) or
(3) are fulfilled before the section is commenced.
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Regulated activity providers: duty to provide information on request etc.
(1)
This section applies if IBB is considering—
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(a)
whether to include any person in a barred list;
(b)
whether to remove any person from a barred list.
(2)
IBB may require—
(a)
any regulated activity provider who has made arrangements for that
person to engage in regulated activity (whether or not the
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arrangements are still in place),
(b)
any person having any responsibility for the management or control of
controlled activity who permits or has permitted that person to engage
in controlled activity,
(c)
any personnel supplier which is an employment agency or
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employment business and which acts for or has acted for that person, or
(d)
any personnel supplier which is an educational institution and which
has supplied that person to another person for him to engage in
regulated or controlled activity,

to provide IBB with any prescribed information he or it holds relating to the
30
person.
(3)
An employment agency acts for a person if it makes arrangements with him
with a view to—
(a)
finding him relevant employment with an employer, or
(b)
supplying him to employers for relevant employment by them.
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(4)
Relevant employment is employment which consists in or involves engaging
in regulated or controlled activity.
(5)
An employment business acts for a person if it employs him to engage in
regulated or controlled activity for and under the control of other persons.
(6)
In this section “employment” has the same meaning as in the Employment
40
Agencies Act 1973.
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Duty to provide information: offences
(1)
A person commits an offence if—

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(a)
he is required under section 27 or 28 or in pursuance of section 29 to
provide information to IBB, and
(b)
he fails, without reasonable excuse, to provide the information.
(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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Local authority information and referrals
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Local authorities: duty to refer
(1)
A local authority must 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 local authority think—
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(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.
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(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,
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(e)
incite another to harm a child or vulnerable adult.
(4)
The second condition is that the local authority think—
(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
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IBB may consider it appropriate for the person to be included in a
barred list.
(5)
For the purposes of subsection (2)(b) or (c), it is immaterial whether there is a
finding of fact in any proceedings.
(6)
A local authority may provide IBB with any prescribed information they hold
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relating to a person if—
(a)
the local authority think 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.
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(7)
For the purposes of subsection (2)(b) or (6)(a), conduct is inappropriate if it
appears to the local authority to be inappropriate having regard to the
guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of
Schedule 2.
(8)
“Local authority” has the same meaning as in section 1 of the Local Authorities
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(Goods and Services) Act 1970 (c. 39).