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Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

40

 

(b)   

causes a vulnerable adult to be harmed,

(c)   

puts a vulnerable adult at risk of harm,

(d)   

attempts to harm a vulnerable adult, or

(e)   

incites another to harm a vulnerable adult.

      (3)  

A person does not engage in relevant conduct merely by committing an

5

offence prescribed for the purposes of this sub-paragraph.

      (4)  

For the purposes of sub-paragraph (1)(c) and (d), IBB must have regard to

guidance issued by the Secretary of State as to conduct which is

inappropriate.

Risk of harm

10

10    (1)  

This paragraph applies to a person if—

(a)   

it appears to IBB that the person falls within sub-paragraph (4), and

(b)   

IBB proposes to include him in the adults’ barred list.

      (2)  

IBB must give the person the opportunity to make representations as to why

he should not be included in the adults’ barred list.

15

      (3)  

If it appears to IBB that it is appropriate to do so, it must include the person

in the adults’ barred list.

      (4)  

A person falls within this sub-paragraph if he may—

(a)   

harm a vulnerable adult,

(b)   

cause a vulnerable adult to be harmed,

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(c)   

put a vulnerable adult at risk of harm,

(d)   

attempt to harm a vulnerable adult, or

(e)   

incite another to harm a vulnerable adult.

Part 3

Supplementary

25

Procedure

11    (1)  

IBB must ensure that in respect of any information it receives in relation to

an individual from whatever source or of whatever nature it considers

whether the information is relevant to its consideration as to whether the

individual should be included in each barred list.

30

      (2)  

Sub-paragraph (1) does not, without more, require IBB to give an individual

the opportunity to make representations as to why he should not be

included in a barred list.

12         

When an individual is included in a barred list IBB must take all reasonable

steps to notify the individual of that fact.

35

13    (1)  

The Secretary of State may, by regulations, make provision as to the

procedure to be followed for the purposes of any decision IBB is required or

authorised to take under this Schedule.

      (2)  

Such provision may include provision as to the time within which anything

is to be done.

40

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

41

 

Representations

14    (1)  

A person who is, by virtue of any provision of this Schedule, given an

opportunity to make representations must have the opportunity to make

representations in relation to all of the information on which IBB intends to

rely in taking a decision under this Schedule.

5

      (2)  

Any requirement of this Schedule to give a person an opportunity to make

representations does not apply if IBB does not know and cannot reasonably

ascertain the whereabouts of the person.

      (3)  

The opportunity to make representations does not include the opportunity

to make representations that findings of fact made by a competent body

10

were wrongly made.

      (4)  

Findings of fact made by a competent body are findings of fact made in

proceedings before one of the following bodies or any of its committees—

(a)   

the General Teaching Council for England;

(b)   

the General Teaching Council for Wales;

15

(c)   

the Council of the Pharmaceutical Society of Great Britain;

(d)   

the General Medical Council;

(e)   

the General Dental Council;

(f)   

the General Optical Council;

(g)   

the General Osteopathic Council;

20

(h)   

the General Chiropractic Council;

(i)   

the Nursing and Midwifery Council;

(j)   

the Health Professions Council;

(k)   

the General Social Care Council;

(l)   

the Care Council for Wales.

25

      (5)  

The Secretary of State may by order amend sub-paragraph (4) by inserting a

paragraph or amending or omitting a paragraph for the time being

contained in the sub-paragraph.

15    (1)  

This paragraph applies to a person who is included in a barred list (except a

person included in pursuance of paragraph 1 or 6) if, before he was included

30

in the list, IBB was unable to ascertain his whereabouts.

      (2)  

This paragraph also applies to a such a person if—

(a)   

he did not, before the end of any time prescribed for the purpose,

make representations as to why he should not be included in the list,

and

35

(b)   

IBB grants him permission to make such representations out of time.

      (3)  

If a person to whom this paragraph applies makes such representations after

the prescribed time—

(a)   

IBB must consider the representations, and

(b)   

if it thinks that it is not appropriate for the person to be included in

40

the list concerned, it must remove him from the list.

      (4)  

For the purposes of this paragraph, it is immaterial that any representations

mentioned in sub-paragraph (3) relate to a time after the person was

included in the list concerned.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

42

 

Review

16    (1)  

A person who is included in a barred list may apply to IBB for a review of

his inclusion.

      (2)  

An application for a review may be made only with the permission of IBB.

      (3)  

A person may apply for permission only if—

5

(a)   

the application is made after the end of the minimum barred period,

and

(b)   

in the prescribed period ending with the time when he applies for

permission, he has made no other such application.

      (4)  

IBB must not grant permission unless it thinks—

10

(a)   

that the person’s circumstances have changed since he was included

in the list or since he last applied for permission (as the case may be),

and

(b)   

that the change is such that permission should be granted.

      (5)  

On a review of a person’s inclusion, if IBB is satisfied that it is no longer

15

appropriate for him to be included in the list it must remove him from it;

otherwise it must dismiss the application.

      (6)  

The minimum barred period is the prescribed period beginning with such of

the following as may be prescribed—

(a)   

the date on which the person was first included in the list;

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(b)   

the date on which any criterion prescribed for the purposes of

paragraph 1, 2, 6 or 7 is first satisfied;

(c)   

where the person is included in the list on the grounds that he has

been convicted of an offence in respect of which a custodial sentence

(within the meaning of section 76 of the Powers of Criminal Courts

25

(Sentencing) Act 2000 (c. 6)) was imposed, the date of his release;

(d)   

the date on which the person made any representations as to why he

should not be included in the list.

Information

17    (1)  

IBB may require—

30

(a)   

any person who holds records of convictions or cautions for the use

of police forces generally to provide to it any relevant information

relating to a person to whom any of paragraphs 1 to 5 or 6 to 10 above

apply;

(b)   

any person who holds such records to provide to it prescribed details

35

of relevant matter (within the meaning of section 113A of the Police

Act 1997 (c. 50)) relating to a person to whom any of those

paragraphs apply;

(c)   

the chief officer of a relevant police force to provide to it any such

relevant information;

40

(d)   

any person who holds information prescribed for the purposes of

section 21(5)(c) to provide to it any such information relating to a

person to whom any of paragraphs 1 to 5 or 6 to 10 above apply.

      (2)  

For the purposes of sub-paragraph (1)(a), relevant information relating to a

person is information which the person holding the records thinks might be

45

relevant in relation to the regulated activity concerned.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

43

 

      (3)  

For the purposes of sub-paragraph (1)(c), relevant information relating to a

person is information which the chief officer thinks might be relevant in

relation to the regulated activity concerned.

      (4)  

IBB must pay to the appropriate police authority such fee as the Secretary of

State thinks appropriate for information provided to IBB in accordance with

5

sub-paragraph (1)(c).

      (5)  

For the purpose of deciding under this Schedule whether or not a person is

included in a barred list IBB must not take account of relevant police

information if the chief officer of the relevant police force thinks that it

would not be in the interests of the prevention or detection of crime to

10

disclose the information to the person.

      (6)  

In sub-paragraph (5) relevant police information is information which falls

within sub-paragraph (3), whether it is obtained by IBB in pursuance of sub-

paragraph (1)(c) or paragraph 18(2).

      (7)  

In this paragraph—

15

“caution” has the same meaning as in section 126 of the Police Act 1997;

“relevant police force” must be construed in accordance with

subsection (9) of section 113B of that Act as if the person had made

an application for the purposes of that section.

18    (1)  

The Secretary of State may provide to IBB any information relating to a

20

person which is held by him in connection with his functions under—

(a)   

the Protection of Children Act 1999 (c. 14), except section 9 (the

Tribunal);

(b)   

Part 7 of the Care Standards Act 2000 (c. 14);

(c)   

sections 142 to 144 of the Education Act 2002 (c. 32).

25

      (2)  

The Secretary of State must provide to IBB any information relating to a

person which is held by him in connection with his functions under this Act

(except information he holds relating to an offence prescribed for the

purposes of paragraph 4(3) or 9(3) of this Schedule).

19         

IBB must provide the Secretary of State with the prescribed information

30

relating to a person if—

(a)   

it includes that person in a barred list;

(b)   

it is considering whether to include him in a barred list;

(c)   

it thinks that any of the criteria prescribed for the purposes of

paragraph 1, 2, 6 or 7 is satisfied in relation to him and that the

35

Secretary of State does not already have the information.

Prescribed criteria

20    (1)  

The criteria which may be prescribed for the purposes of paragraphs 1, 2, 6

and 7 are—

(a)   

that a person has been convicted of, or cautioned in relation to, an

40

offence of a specified description;

(b)   

that an order of a specified description requiring the person to do or

not to do anything has been made against him;

(c)   

that a person is included in a list maintained for the purposes of a

country or territory outside the United Kingdom if the Secretary of

45

State thinks that inclusion in the list has a corresponding or similar

effect to inclusion in a barred list;

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children

44

 

(d)   

that an order or direction of a specified description requiring the

person to do or not to do anything has been made against him for the

purposes of a country or territory outside the United Kingdom.

      (2)  

The power to specify offences for the purposes of sub-paragraph (1) includes

power to specify offences under—

5

(a)   

the law of Scotland, Northern Ireland, the Channel Islands or the Isle

of Man;

(b)   

section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

(c)   

section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

(d)   

section 42 of the Naval Discipline Act 1957 (c. 53).

10

      (3)  

The criteria which may be prescribed for the purposes of paragraph 1 or 2

must not consist only of circumstances in which the person has committed

an offence against a child before the commencement of section 2 if the court,

having considered whether to make a disqualification order, decided not to.

      (4)  

In sub-paragraph (3)—

15

(a)   

the reference to an offence committed against a child must be

construed in accordance with Part 2 of the Criminal Justice and Court

Services Act 2000 (c. 43);

(b)   

a disqualification order is an order under section 28, 29 or 29A of that

Act.

20

      (5)  

For the purpose of considering whether the criteria apply to an individual,

the Secretary of State must, from time to time, examine records of

convictions or cautions held for the use of police forces generally.

      (6)  

Sub-paragraph (5) does not apply to records of convictions or cautions

relating to offences committed before such date as is prescribed.

25

Schedule 3

Section 5

 

Regulated Activity

Part 1

Regulated activity relating to children

Regulated activity: general

30

1     (1)  

An activity is a regulated activity relating to children if—

(a)   

it is mentioned in paragraph 2(1), and

(b)   

it is carried out frequently by the same person.

      (2)  

An activity is a regulated activity relating to children if—

(a)   

it is mentioned in paragraph 2(1), and

35

(b)   

it is carried out in an establishment mentioned in paragraph 3(1).

      (3)  

An activity is a regulated activity relating to children if—

(a)   

it is carried out frequently by the same person,

(b)   

it is carried out in an establishment mentioned in paragraph 3(1),

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children

45

 

(c)   

the activity is carried out for or in connection with the purposes of

the establishment, and

(d)   

it gives that person the opportunity, in consequence of anything he

is permitted or required to do in connection with the activity, to have

contact with children.

5

      (4)  

Each of the following, if carried out in England, is a regulated activity

relating to children—

(a)   

providing early years childminding in respect of which a

requirement to register arises by section 33(1) of the Childcare Act

2006 (requirement to register);

10

(b)   

providing later years childminding in respect of which a

requirement to register arises by section 52(1) of that Act

(requirement to register);

(c)   

providing early years childminding or later years childminding, if it

is provided by a person who is registered by virtue of section 62(1) of

15

that Act (voluntary registration of childminders);

(d)   

providing later years childminding for a child who has attained the

age of eight, if a requirement to register would arise in respect of that

provision by section 52(1) of that Act if the child had not attained that

age.

20

      (5)  

Any expression used both in sub-paragraph (4) and in Part 3 of the Childcare

Act 2006 has the meaning given by that Act.

      (6)  

Each of the following, if carried out in Wales, is a regulated activity relating

to children—

(a)   

acting as a child minder so as to give rise to a requirement to register

25

under section 79D of the Children Act 1989;

(b)   

an activity which would give rise to such a requirement if the child

in relation to whom the activity is carried out were under the age of

eight.

      (7)  

For the purposes of sub-paragraph (6), “acting as a child minder” must be

30

construed in accordance with section 79A of that Act.

      (8)  

The exercise of any function of the following is a regulated activity relating

to children—

(a)   

officer of the Children and Family Court Advisory and Support

Service;

35

(b)   

Welsh family proceedings officer (within the meaning of Part 4 of the

Children Act 2004).

      (9)  

The exercise of a function of a person mentioned in paragraph 4(1) is a

regulated activity relating to children.

     (10)  

The exercise of a function of any of the following so far as it relates to the

40

inspection of an establishment mentioned in paragraph 3(1) is a regulated

activity relating to children—

(a)   

HM Chief Inspector of Schools in England;

(b)   

HM Chief Inspector of Education and Training in Wales;

(c)   

a body approved in pursuance of section 163(1)(b) of the Education

45

Act 2002 (c. 32) to inspect a registered independent school;

(d)   

HM Chief Inspector of Prisons;

(e)   

the Commission for Social Care Inspection;

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children

46

 

(f)   

the Commission for Healthcare Audit and Inspection;

(g)   

the National Assembly for Wales.

     (11)  

The exercise of a function of—

(a)   

the Commission for Healthcare Audit and Inspection, or

(b)   

the National Assembly for Wales,

5

           

so far as it relates to the inspection of an establishment, agency or body

falling within sub-paragraph (12) is a regulated activity relating to children.

     (12)  

An establishment, agency or body falls within this sub-paragraph if it is—

(a)   

an establishment in relation to which a requirement to register arises

under section 11 of the Care Standards Act 2000 (c. 14),

10

(b)   

an agency in relation to which such a requirement arises, or

(c)   

an NHS body within the meaning of section 148 of the Health and

Social Care (Community Health and Standards) Act 2003 (c. 43),

           

and it provides any form of treatment or therapy for children.

     (13)  

In sub-paragraph (12)(c) the reference to an NHS body includes a reference

15

to any person who provides, or is to provide, health care for the body

(wherever the health care is or is to be provided).

     (14)  

Any activity which consists in or involves on a regular basis the day to day

management or supervision of a person carrying out an activity mentioned

in sub-paragraph (1), (2), (3), (8), (10) or (11) is a regulated activity relating

20

to children.

Activities

2     (1)  

The activities referred to in paragraph 1(1) and (2) are—

(a)   

any form of teaching, training or instruction of children, unless the

teaching, training or instruction is merely incidental to teaching,

25

training or instruction of persons who are not children;

(b)   

any form of care for or supervision of children, unless the care or

supervision is merely incidental to care for or supervision of persons

who are not children;

(c)   

any form of advice or guidance provided wholly or mainly for

30

children, if the advice or guidance relates to their physical, emotional

or educational well-being;

(d)   

any form of treatment or therapy provided for a child;

(e)   

moderating a public electronic interactive communication service

which is likely to be used wholly or mainly by children.

35

      (2)  

Sub-paragraph (1)(a), (b), (c) and (d) do not include—

(a)   

teaching, training or instruction provided to a child in the course of

his employment;

(b)   

care for or supervision of a child in the course of his employment;

(c)   

advice or guidance provided for a child in the course of his

40

employment;

(d)   

treatment or therapy provided for a child in the course of his

employment.

      (3)  

Sub-paragraph (2) does not apply if—

(a)   

the child has not attained the age of 16, and

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