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 3 — Regulated Activity
Part 1 — Regulated activity relating to children
47

(b)
the activity is carried out by a person in respect of whom
arrangements exist principally for that purpose.
      (4)
For the purposes of sub-paragraph (1)(e) a person moderates a public
electronic interactive communication service if, for the purpose of protecting
children, he has any function relating to—
5
(a)
monitoring the content of matter which forms any part of the service,
(b)
removing matter from, or preventing the addition of matter to, the
service, or
(c)
controlling access to, or use of, the service.
      (5)
In sub-paragraph (2) employment includes any form of work which is
10
carried out under the supervision or control of another, whether or not the
person carrying it out is paid for doing so.
Establishments
3     (1)
The establishments referred to in paragraph 1(2), (3) and (7) are—
(a)
an educational institution which is exclusively or mainly for the
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provision of full-time education to children;
(b)
an establishment which is exclusively or mainly for the provision of
nursery education (within the meaning of section 117 of the School
Standards and Framework Act 1998 (c. 31));
(c)
a hospital which is exclusively or mainly for the reception and
20
treatment of children;
(d)
an institution which is exclusively or mainly for the detention of
children;
(e)
a children’s home (within the meaning of section 1 of the Care
Standards Act 2000 (c. 14));
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(f)
a home provided in pursuance of arrangements under section 82(5)
of the Children Act 1989 (c. 41);
(g)
relevant childcare premises.
      (2)
Relevant childcare premises are any part of premises on which a person
carries on—
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(a)
any form of childcare (within the meaning of section 18 of the
Childcare Act 2006) in respect of which he must be registered under
that Act;
(b)
any form of such childcare in respect of which he may be registered
under that Act, whether or not he is so registered;
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(c)
any form of childminding or day care (within the meaning of section
79A of the Children Act 1989) in respect of which he must be
registered under that Act.
Positions
4     (1)
The persons referred to in paragraph 1(6) are—
40
(a)
member of the governing body of an educational establishment
mentioned in section 8(5);
(b)
member of a relevant local government body;
(c)
director of children’s services of a local authority in England;
(d)
director of adult social services of a local authority in England;
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(e)
director of social services of a local authority in Wales;

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children
48

(f)
chief education officer of a local authority in Wales;
(g)
charity trustee of a children’s charity;
(h)
member of the Youth Justice Board for England and Wales;
(i)
Children’s Commissioner or deputy Children’s Commissioner
appointed under Part 1 of the Children Act 2004 (c. 31);
5
(j)
Children’s Commissioner for Wales or deputy Children’s
Commissioner for Wales;
(k)
operator of a database established in pursuance of section 12(1)(a) or
(b) or 29(1)(a) or (b) of the Children Act 2004;
(l)
member of a Local Safeguarding Children Board established under
10
section 13 or 31 of that Act;
(m)
member or chief executive of the Children and Family Court
Advisory and Support Service;
(n)
a deputy appointed in respect of a child under section 16(2)(b) of the
Mental Capacity Act 2005;
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(o)
member or chief executive of IBB.
      (2)
For the purposes of sub-paragraph (1)(b), a person is a member of a relevant
local government body if—
(a)
he is a member of a local authority and discharges any education
functions, or social services functions, of a local authority;
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(b)
he is a member of an executive of a local authority which discharges
any such functions;
(c)
he is a member of a committee of an executive of a local authority
which discharges any such functions;
(d)
he is a member of an area committee, or any other committee, of a
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local authority which discharges any such functions.
      (3)
Any reference in sub-paragraph (2) to a committee includes a reference to
any sub-committee which discharges any functions of that committee.
      (4)
A charity is a children’s charity if the individuals who are workers for the
charity normally include individuals engaging in regulated activity relating
30
to children.
      (5)
An individual is a worker for a charity if he does work under arrangements
made by the charity; but the arrangements referred to in this sub-paragraph
do not include any arrangements made for purposes which are merely
incidental to the purposes for which the charity is established.
35
      (6)
For the purposes of sub-paragraph (1)(k), a person is the operator of a
database if he—
(a)
establishes or maintains the database, or
(b)
otherwise, exercises any function in relation to the management or
control of the database.
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      (7)
In this paragraph—
“area committee” has the same meaning as in section 18 of the Local
Government Act 2000 (c. 22),
“charity” and “charity trustee” have the same meanings as in the
Charities Act 1993 (c. 10),
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“education functions”, in relation to a local authority, means any
functions with respect to education which are conferred on the
authority in its capacity as a local education authority,

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 2 — Regulated activity relating to vulnerable adults
49

“executive”, in relation to a local authority, has the same meaning as in
Part 2 of the Local Government Act 2000 (c. 22),
“local authority” has the same meaning as in the Education Act 1996
(c. 56),
“social services functions”, in relation to a local authority, has the same
5
meaning as in the Local Authority Social Services Act 1970 (c. 42).
5
A person who is part of a group in relation to which another (P) engages in
regulated activity relating to children does not engage in regulated activity
only because he assists P or does anything on behalf of or under the direction
of P which, but for this paragraph, would amount to engaging in regulated
10
activity relating to children.
Part 2
Regulated activity relating to vulnerable adults
6     (1)
Each of the following is a regulated activity relating to vulnerable adults if it
is carried out frequently by the same person—
15
(a)
any form of training, teaching or instruction provided wholly or
mainly for vulnerable adults;
(b)
any form of care for or supervision of vulnerable adults;
(c)
any form of assistance, advice or guidance provided wholly or
mainly for vulnerable adults;
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(d)
any form of treatment or therapy provided for a vulnerable adult;
(e)
moderating a public electronic interactive communication service
which is likely to be used wholly or mainly by vulnerable adults;
(f)
anything done on behalf of a vulnerable adult in such circumstances
as are prescribed.
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      (2)
For the purposes of sub-paragraph (1)(e) a person moderates a public
electronic interactive communication service if, for the purpose of protecting
vulnerable adults, he has any function relating to—
(a)
monitoring the content of matter which forms any part of the service,
(b)
removing matter from, or preventing the addition of matter to, the
30
service, or
(c)
controlling access to, or use of, the service.
      (3)
An activity of a description falling within any of paragraphs (a) to (d) or (f)
of sub-paragraph (1) is a regulated activity relating to vulnerable adults if it
is carried out in a care home (for the purposes of the Care Standards Act 2000
35
(c. 14)) which is exclusively or mainly for vulnerable adults.
      (4)
An activity carried out in a care home (for the purposes of the Care
Standards Act 2000) which is exclusively or mainly for vulnerable adults is
a regulated activity relating to vulnerable adults if—
(a)
it is carried out at the establishment frequently by the same person,
40
(b)
it is carried out for or in connection with the purposes of the
establishment, and
(c)
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 vulnerable adults.
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Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information
50

      (5)
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), (3) or (4) is a regulated activity relating to vulnerable
adults.
      (6)
The exercise of the functions of—
5
(a)
the Commission for Healthcare, Audit and Inspection;
(b)
the Commission for Social Care Inspection;
(c)
the National Assembly for Wales,

so far as it relates to the inspection of an establishment, agency, person or
body falling within sub-paragraph (7) is a regulated activity relating to
10
vulnerable adults.
      (7)
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,
(b)
an agency in relation to which such a requirement arises,
15
(c)
a person to whom Part 2 of that Act applies in pursuance of an order
under section 42 of that Act, or
(d)
an NHS body within the meaning of section 148 of the Health and
Social Care (Community Health and Standards) Act 2003,

and it provides any form of care, treatment or therapy for vulnerable adults.
20
      (8)
In sub-paragraph (7)(d) the reference to an NHS body includes a reference
to any person who provides, or is to provide, health care for the body
(wherever the health care is or is to be provided).
      (9)
The exercise of the functions of the director of social services of a local
authority (within the meaning of section 1 of the Local Authority Social
25
Services Act 1970 (c. 42)) is a regulated activity relating to vulnerable adults.
     (10)
The exercise of the functions of a member or the chief executive of IBB is a
regulated activity relating to vulnerable adults.
     (11)
A person who is part of a group in relation to which another (P) engages in
regulated activity relating to vulnerable adults does not engage in regulated
30
activity only because he assists P or does anything on behalf of or under the
direction of P which, but for this sub-paragraph, would amount to engaging
in regulated activity relating to vulnerable adults.
Schedule 4
Section 25

Vetting Information
35
1     (1)
The Secretary of State must provide a person who falls within column 1 of
the table below (A) with the information which relates to another person (B)
as specified in the corresponding entry in column 2 of that table if the
conditions in sub-paragraph (2) are satisfied.
      (2)
The conditions are—
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(a)
A makes an application for the purposes of this Schedule containing
a declaration in the prescribed form or manner specifying the respect
in which he falls within column 1, and

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information
51

(b)
B consents in the prescribed form and manner to the provision of the
information to A.

Applicant
Vetting Information

1. Person who is considering whether to
Relevant information relating

permit B to engage in regulated activity
to children

5

relating to children

2. Person who is considering whether to
Relevant information relating

permit B to engage in regulated activity
to vulnerable adults

relating to vulnerable adults

3. Person who is considering whether to
Relevant information relating

10

permit B to engage in controlled activity
to children

relating to children

4. Person who is considering whether to
Relevant information relating

permit B to engage in controlled activity
to vulnerable adults

relating to vulnerable adults

15

5. Personnel supplier who is considering
Relevant information relating

whether to supply B to a regulated activity
to children

provider for B to engage in regulated activity

relating to children

6. Personnel supplier who is considering
Relevant information relating

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whether to supply B to a regulated activity
to vulnerable adults

provider for B to engage in regulated activity

relating to vulnerable adults

7. Personnel supplier who is considering
Relevant information relating

whether to supply B to a person responsible
to children

25

for the management or control of controlled

activity for B to engage in controlled activity

relating to children

8. Personnel supplier who is considering
Relevant information relating

whether to supply B to a person responsible
to vulnerable adults

30

for the management or control of controlled

activity for B to engage in controlled activity

relating to vulnerable adults

9. Person who exercises regulatory functions
Relevant information relating

in respect of the provision of childcare
to children

35

services who is considering whether B is

suitable to live in premises with a person

who provides childcare on those premises

10. Local authority (within the meaning of
Relevant information relating

the Children Act 1989 (c. 41)) or fostering
to children

40

agency (within the meaning of section 4(4) of

the Care Standards Act 2000 (c. 14)) which is

considering whether B is suitable to live in

premises in which a child is fostered

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information
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Applicant
Vetting Information

11. Person who is considering whether B is
Relevant information relating

suitable to live in premises in which an adult
to vulnerable adults

is cared for or supported as part of an adult

placement scheme

5

12. Person who is considering whether to
Relevant information relating

permit B to have frequent access to health or
to children

educational records relating to a child

13. Person who is considering whether to
Relevant information relating

permit B to have frequent access to health
to vulnerable adults

10

records relating to vulnerable adults

14. Appropriate officer (within the meaning
Relevant information relating

of section 12) who is required to obtain
to children

relevant information relating to B

15. A supervisory authority within the
Relevant information relating

15

meaning of section 36(6)
to children or vulnerable

adults if it is required in

connection with the exercise

of a function of the authority

mentioned in section 36

20

16. The Public Guardian
Relevant information relating

to children and relevant

information relating to

vulnerable adults

17. The keeper of a register specified in
Relevant information relating

25

section 35(5)
to children and relevant

information relating to

vulnerable adults

18. Person who is considering whether to
Relevant information relating

permit B to engage frequently in an activity
to children.

30

in respect of which financial resources are

provided pursuant to section 5(1) of the

Learning and Skills Act 2000, if engaging in

the activity gives B the opportunity to have

contact with children

35

19. Person of a prescribed description who is
Prescribed relevant

performing a prescribed function in
information

connection with B in such circumstances as

are prescribed

2
Sub-paragraph (b) of paragraph 1(2) does not apply if—
40
(a)
A is a supervisory authority (within the meaning of section 36(6)),
and the information is required in connection with the exercise of a
function of the authority mentioned in that section, or
(b)
A is an appropriate officer (within the meaning of section 12) and the
information is required in connection with the requirement for the
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Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information
53

officer to obtain the relevant information for the purposes of that
section.
3     (1)
In entry 1 in the table the reference to regulated activity must be construed
by disregarding sub-paragraph (2) of paragraph 2 of Schedule 3 if the
activity A is considering whether to permit B to engage in—
5
(a)
relates to a child who has not attained the age of 16, or
(b)
is carried on for the purposes of the armed forces of the Crown.
      (2)
In entries 1, 2, 5 and 6 in the table the reference to regulated activity includes
a reference to an activity which would be a regulated activity if—
(a)
it were carried out frequently, or
10
(b)
it were not merely incidental to another activity.
      (3)
In entries 3, 4, 7 and 8 in the table the reference to controlled activity includes
a reference to an activity which would be a controlled activity if it were
carried out frequently.
4     (1)
Relevant information relating to children is—
15
(a)
whether B is barred from regulated activity relating to children;
(b)
whether B is subject to monitoring in relation to regulated activity
relating to children;
(c)
whether, at the time the information is provided, IBB is considering
whether to include B in the children’s barred list in pursuance of
20
paragraph 3 or 5 of Schedule 2;
(d)
whether B is subject to a children’s direction and, if he is subject to
such a direction, such details as may be prescribed of the
circumstances in which the direction was given.
      (2)
Relevant information relating to vulnerable adults is—
25
(a)
whether B is barred from regulated activity relating to vulnerable
adults;
(b)
whether B is subject to monitoring in relation to regulated activity
relating to vulnerable adults;
(c)
whether, at the time the information is provided, IBB is considering
30
whether to include B in the adults’ barred list in pursuance of
paragraph 8 or 10 of that Schedule.
      (3)
Prescribed relevant information is such information corresponding to the
information mentioned in sub-paragraph (1) or (2) as is prescribed.
5
The Secretary of State may by order amend sub-paragraphs (1) and (2) of
35
paragraph 4 so as to add, remove or vary any paragraph for the time being
contained in them.
6
Regulations may make provision requiring a local authority which makes or
proposes to make payments to or on behalf of a person in accordance with
regulations under section 17A of the Children Act 1989 or section 57 of the
40
Health and Social Care Act 2001 to inform the person of his right to obtain
relevant information in pursuance of this Schedule.
7     (1)
A children’s direction is—
(a)
a direction under section 142 of the Education Act 2002 (c. 32)
(prohibition from teaching, etc);
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(b)
anything which the Secretary of State specifies by order which he
thinks corresponds to such a direction and which is done for the