Safeguarding Vulnerable Groups Bill [HL]

House of Commons

Session 2005 - 06
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Safeguarding Vulnerable Groups Bill [HL]

Safeguarding Vulnerable Groups Bill [HL]
Schedule 1 — Independent Barring Board
33

Schedules
Schedule 1
Section 1

Independent Barring Board
Membership
1     (1)
IBB shall consist of—
5
(a)
a chairman;
(b)
such number of other members as the Secretary of State decides.
      (2)
The chairman and other members—
(a)
are to be appointed by the Secretary of State;
(b)
must appear to the Secretary of State to have knowledge or
10
experience of any aspect of child protection or the protection of
vulnerable adults.
Tenure of office
2     (1)
The chairman and members hold and must vacate office as such in
accordance with the terms of their respective appointments.
15
      (2)
The appointment of a person to hold office is for a term not exceeding five
years.
      (3)
A person holding office may at any time resign that office by giving notice
in writing to the Secretary of State.
      (4)
The Secretary of State may by notice in writing remove a person from office
20
if satisfied that any of the following applies to him—
(a)
he has, without reasonable excuse, failed, for a continuous period of
three months, to carry out his functions;
(b)
he has been convicted (whether before or after his appointment) of a
criminal offence;
25
(c)
he is an undischarged bankrupt or his estate has been sequestrated
and he has not been discharged;
(d)
he is the subject of a bankruptcy restrictions order or an interim order
under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to
the like effect made under any corresponding enactment in force in
30
Scotland or Northern Ireland;
(e)
he has made a composition or arrangement with, or granted a trust
deed for, his creditors;
(f)
he has failed to comply with the terms of his appointment;
(g)
he is otherwise unable or unfit to carry out his functions as chairman
35
or member.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 1 — Independent Barring Board
34

      (5)
A person who ceases to be chairman or a member is eligible for re-
appointment, except where he is removed from office under sub-paragraph
(4).
Remuneration, pension etc. of members
3     (1)
IBB must pay to the chairman and each of the other members such
5
remuneration and allowances as may be determined by the Secretary of
State.
      (2)
IBB must, if required to do so by the Secretary of State—
(a)
pay such pension, allowances or gratuities as may be determined by
the Secretary of State to or in respect of a person who is or has been
10
the chairman or a member, or
(b)
make such payments as may be so determined towards provision for
the payment of a pension, allowances or gratuities to or in respect of
such a person.
      (3)
If the Secretary of State thinks that there are special circumstances which
15
make it right for a person ceasing to hold office as chairman or a member to
receive compensation, IBB must pay to him a sum by way of compensation
of such amount as may be determined by the Secretary of State.
      (4)
Service as chairman or other member of IBB is included among the kinds of
service to which a scheme under section 1 of the Superannuation Act 1972
20
(c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those
kinds of service are listed) insert at the appropriate place—
“The Independent Barring Board.”
      (5)
IBB must pay to the Minister for the Civil Service, at such times as he may
direct, such sums as he may determine in respect of any increase attributable
25
to sub-paragraph (4) in the sums payable out of money provided by
Parliament under that Act.
Staff
4     (1)
IBB shall have—
(a)
a chief executive;
30
(b)
such other employees as it may appoint.
      (2)
The chairman may be appointed as chief executive.
      (3)
IBB may make arrangements for persons to be seconded to IBB to serve as
members of its staff.
      (4)
A member of a police force on temporary service with IBB shall be under the
35
direction and control of IBB.
Remuneration, pensions etc. of staff
5     (1)
IBB must pay to its employees such remuneration and allowances as it may
determine.
      (2)
IBB may pay, or make payments in respect of, such pensions, allowances or
40
gratuities to or in respect of its employees or former employees as it may
determine.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 1 — Independent Barring Board
35

      (3)
Employment with IBB is included among the kinds of employment to which
a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply,
and accordingly in Schedule 1 to that Act (in which those kinds of
employment are listed) insert at the appropriate place—
“Employment by the Independent Barring Board.”
5
      (4)
If any person—
(a)
on ceasing to be employed by IBB becomes or continues to be one of
its members, and
(b)
was, by reference to his employment, a participant in a scheme under
section 1 of that Act,
10

the Minister for the Civil Service may determine that his service as a member
of IBB is to be treated for the purposes of the scheme as if his service as a
member were service as an employee of IBB (whether or not any benefits are
payable to or in respect of him by virtue of paragraph 3).
      (5)
IBB must pay to the Minister for the Civil Service, at such times as he may
15
direct, such sums as he may determine in respect of any increase attributable
to this paragraph in the sums payable out of money provided by Parliament
under that Act.
Delegation of functions
6     (1)
IBB may to such extent as it may determine delegate any of its functions to—
20
(a)
one of its members;
(b)
a member of its staff;
(c)
a committee consisting of some of its members, members of its staff
or both members and members of staff.
      (2)
A committee mentioned in sub-paragraph (1)(c) which consists of both
25
members and members of staff must be chaired by a member.
7
IBB may to such extent as it may determine delegate any of its functions,
other than a core function, to—
(a)
a person who is neither a member nor a member of staff;
(b)
a committee (including a committee which comprises or includes
30
persons who are neither members nor members of staff).
8
A core function is—
(a)
determining whether it is appropriate for a person to be included in
a barred list;
(b)
determining whether to remove a person from a barred list;
35
(c)
considering representations made for the purposes of Schedule 2.
Reports
9     (1)
As soon as possible after the end of each financial year IBB must issue a
report on the exercise of its functions during that year.
      (2)
IBB must arrange for the report to be published in such manner as it
40
considers appropriate.
10
The Secretary of State may direct IBB to submit a report to him on any matter
regarding the exercise of IBB’s functions as may be specified in the direction.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 1 — Independent Barring Board
36

Accounts
11    (1)
IBB must keep its accounts in such form as the Secretary of State determines.
      (2)
IBB must prepare annual accounts in respect of each financial year in such
form as the Secretary of State decides.
      (3)
Before the end of the specified period following the end of each financial
5
year to which the annual accounts relate IBB must send a copy of the
accounts to the Secretary of State and the Comptroller and Auditor General.
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts;
(b)
lay a copy of the accounts and of his report before each House of
10
Parliament.
      (5)
The financial year is—
(a)
the period starting on the day IBB is established and ending on the
next 31st March;
(b)
each succeeding period of 12 months.
15
      (6)
The specified period is such period as the Secretary of State directs.
Status
12    (1)
IBB is not to be regarded—
(a)
as the servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
20
      (2)
IBB’s property is not to be regarded as property of, or property held on
behalf of, the Crown.
Incidental powers
13    (1)
In connection with the exercise of any of its functions IBB may—
(a)
enter into contracts and other agreements (whether legally binding
25
or not);
(b)
acquire and dispose of property (including land);
(c)
borrow money;
(d)
do such other things as IBB thinks necessary or expedient.
      (2)
The power conferred by sub-paragraph (1)(b) includes accepting—
30
(a)
gifts of money, and
(b)
gifts or loans of other property,

on such terms as IBB thinks appropriate.
      (3)
But IBB may exercise the power conferred by sub-paragraph (1)(b) or (c)
only with the consent of the Secretary of State.
35
      (4)
Such consent may be given—
(a)
with respect to a particular case or with respect to a class of cases;
(b)
subject to such conditions as the Secretary of State thinks
appropriate.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 1 — Children’s barred list
37

Documents
14
A document purporting to be signed on behalf of IBB shall be received in
evidence and, unless the contrary is proved, be taken to be so signed.
Schedule 2
Section 2

Barred lists
5
Part 1
Children’s barred list
Automatic inclusion
1     (1)
This paragraph applies to a person if any of the criteria prescribed for the
purposes of this paragraph is satisfied in relation to the person.
10
      (2)
If it appears to the Secretary of State that this paragraph applies to a person
the Secretary of State must refer the matter to IBB.
      (3)
On the reference being made, IBB must include the person in the children’s
barred list.
Inclusion subject to consideration of representations
15
2     (1)
This paragraph applies to a person if any of the criteria prescribed for the
purposes of this paragraph is satisfied in relation to the person.
      (2)
If it appears to the Secretary of State that this paragraph applies to a person
the Secretary of State must refer the matter to IBB.
      (3)
On the reference being made, IBB must—
20
(a)
include the person in the children’s barred list;
(b)
give the person the opportunity to make representations as to why
he should be removed from the children’s barred list.
      (4)
If it appears to IBB that it is not appropriate for the person to be included in
the list, it must remove him from the list.
25
Behaviour
3     (1)
This paragraph applies to a person if—
(a)
it appears to IBB that the person has (at any time) engaged in relevant
conduct, and
(b)
IBB proposes to include him in the children’s barred list.
30
      (2)
IBB must give the person the opportunity to make representations as to why
he should not be included in the children’s barred list.
      (3)
If it appears to IBB that it is appropriate to do so, it must include the person
in the children’s barred list.
      (4)
This paragraph does not apply to a person if the relevant conduct consists
35
only of an offence committed against a child before the commencement of

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 1 — Children’s barred list
38

section 2 and the court, having considered whether to make a
disqualification order, decided not to.
      (5)
In sub-paragraph (4)—
(a)
the reference to an offence committed against a child must be
construed in accordance with Part 2 of the Criminal Justice and Court
5
Services Act 2000 (c. 43);
(b)
a disqualification order is an order under section 28, 29 or 29A of that
Act.
4     (1)
For the purposes of paragraph 3 relevant conduct is—
(a)
conduct which endangers a child or is likely to endanger a child;
10
(b)
conduct which, if repeated against or in relation to a child, would
endanger that child or would be likely to endanger him;
(c)
conduct involving child pornography, if it appears to IBB that the
conduct is inappropriate;
(d)
conduct of a sexual nature involving a child, if it appears to IBB that
15
the conduct is inappropriate.
      (2)
A person’s conduct endangers a child if he—
(a)
harms a child,
(b)
causes a child to be harmed,
(c)
puts a child at risk of harm,
20
(d)
attempts to harm a child, or
(e)
incites another to harm a child.
      (3)
A person does not engage in relevant conduct merely by committing an
offence prescribed for the purposes of this sub-paragraph.
      (4)
For the purposes of sub-paragraphs (1)(c) and (d), IBB must have regard to
25
guidance issued by the Secretary of State as to conduct which is
inappropriate.
Risk of harm
5     (1)
This paragraph applies to a person if—
(a)
it appears to IBB that the person falls within sub-paragraph (4), and
30
(b)
IBB proposes to include him in the children’s barred list.
      (2)
IBB must give the person the opportunity to make representations as to why
he should not be included in the children’s barred list.
      (3)
If it appears to IBB that it is appropriate to do so, it must include the person
in the children’s barred list.
35
      (4)
A person falls within this sub-paragraph if he may—
(a)
harm a child,
(b)
cause a child to be harmed,
(c)
put a child at risk of harm,
(d)
attempt to harm a child, or
40
(e)
incite another to harm a child.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 2 — Adults’ barred list
39

Part 2
Adults’ barred list
Automatic inclusion
6     (1)
This paragraph applies to a person if any of the criteria prescribed for the
purposes of this paragraph is satisfied in relation to the person.
5
      (2)
If it appears to the Secretary of State that this paragraph applies to a person
the Secretary of State must refer the matter to IBB.
      (3)
On the reference being made, IBB must include the person in the adults’
barred list.
Inclusion subject to consideration of representations
10
7     (1)
This paragraph applies to a person if any of the criteria prescribed for the
purposes of this paragraph is satisfied in relation to the person.
      (2)
If it appears to the Secretary of State that this paragraph applies to a person
the Secretary of State must refer the matter to IBB.
      (3)
On the reference being made, IBB must—
15
(a)
include the person in the adults’ barred list;
(b)
give the person the opportunity to make representations as to why
he should be removed from the adults’ barred list.
      (4)
If it appears to IBB that it is not appropriate for the person to be included in
the list, it must remove him from the list.
20
Behaviour
8     (1)
This paragraph applies to a person if—
(a)
it appears to IBB that the person has (at any time) engaged in relevant
conduct, and
(b)
IBB proposes to include him in the adults’ barred list.
25
      (2)
IBB must give the person the opportunity to make representations as to why
he should not be included in the adults’ barred list.
      (3)
If it appears to IBB that it is appropriate to do so, it must include the person
in the adults’ barred list.
9     (1)
For the purposes of paragraph 8 relevant conduct is—
30
(a)
conduct which endangers a vulnerable adult or is likely to endanger
a vulnerable adult;
(b)
conduct which, if repeated against or in relation to a vulnerable
adult, would endanger that adult or would be likely to endanger
him;
35
(c)
conduct involving pornography, if it appears to IBB that the conduct
is inappropriate;
(d)
conduct of a sexual nature involving a vulnerable adult, if it appears
to IBB that the conduct is inappropriate.
      (2)
A person’s conduct endangers a vulnerable adult if he—
40
(a)
harms a vulnerable adult,