|
| |
|
(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 |
| |
| |
(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. |
| |
| |
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 |
| 15 |
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 |
| |
(d) | an institution which is exclusively or mainly for the detention of |
| |
| |
(e) | a children’s home (within the meaning of section 1 of the Care |
| |
Standards Act 2000 (c. 14)); |
| 25 |
(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 |
| |
| 30 |
(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 |
| |
| |
(b) | any form of such childcare in respect of which he may be registered |
| |
under that Act, whether or not he is so registered; |
| 35 |
(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. |
| |
| |
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; |
| 45 |
(e) | director of social services of a local authority in Wales; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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; |
| 15 |
(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; |
| 20 |
(b) | he is a member of an executive of a local authority which discharges |
| |
| |
(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 |
| 25 |
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 |
| |
(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 |
| |
| |
(a) | establishes or maintains the database, or |
| |
(b) | otherwise, exercises any function in relation to the management or |
| |
| 40 |
| |
“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), |
| 45 |
“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, |
| |
|
| |
|
| |
|
“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 |
| |
| |
“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. |
| |
| |
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; |
| 20 |
(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 |
| |
| 25 |
(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 |
| |
(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 |
| |
| |
(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. |
| 45 |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
(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. |
| |
| |
| |
| 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. |
| |
| 40 |
(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 |
| |
|
| |
|
| |
|
officer to obtain the relevant information for the purposes of that |
| |
| |
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 |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
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); |
| 45 |
(b) | anything which the Secretary of State specifies by order which he |
| |
thinks corresponds to such a direction and which is done for the |
| |
|
| |
|