Safeguarding Vulnerable Groups Bill [HL]

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments
54

purposes of the law of Scotland or of Northern Ireland or of a country
or territory outside the United Kingdom.
      (2)
An order under sub-paragraph (1)(b) may make such modifications of
paragraph 4(1)(d) as the Secretary of State thinks necessary or expedient in
consequence of the order.
5
8
Childcare must be construed in accordance with section 18 of the Childcare
Act 2006.
9
An adult placement scheme is a scheme—
(a)
under which an individual agrees with the person carrying on the
scheme to provide care or support (which may include
10
accommodation) to an adult who is in need of it, and
(b)
in respect of which a requirement to register arises under section 11
of the Care Standards Act 2000 (c. 14).
Schedule 5
Section 47

Amendments
15
Pharmacy Act 1954 (c. 61)
1
In section 8 of the Pharmacy Act 1954 after subsection (1) insert—
“(1ZA)
For the purposes of subsection (1), misconduct includes a decision by
the Independent Barring Board that the person is to be included in a
barred list (within the meaning of the Safeguarding Vulnerable
20
Groups Act 2006).”
Medical Act 1983 (c.54)
2
In section 35C(2) of the Medical Act 1983 (functions of the Investigation
Committee), omit “or” at the end of paragraph (d) and after paragraph (e)
insert “; or
25
(f)
a decision by the Independent Barring Board that the person
is to be included in a barred list (within the meaning of the
Safeguarding Vulnerable Groups Act 2006).”
Dentists Act 1984 (c. 24)
3     (1)
The Dentists Act 1984 is amended as follows.
30
      (2)
In section 27(2) (allegations), omit “or” at the end of paragraph (f) and after
paragraph (g) insert “; or
(h)
a decision by the Independent Barring Board that the person
is to be included in a barred list (within the meaning of the
Safeguarding Vulnerable Groups Act 2006).”
35
      (3)
In section 36N(2) (allegations), omit “or” at the end of paragraph (f) and after
paragraph (g) insert “; or
(h)
a decision by the Independent Barring Board that the person
is to be included in a barred list (within the meaning of the
Safeguarding Vulnerable Groups Act 2006).”
40

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments
55

      (4)
In their application to Scotland, the amendments made by this paragraph do
not have effect in relation to a profession in so far as provision may be made
for the regulation of the profession by an Act of the Scottish Parliament.
Opticians Act 1989 (c. 44)
4
In section 13D(2) of the Opticians Act 1989 (allegations), omit “or” at the end
5
of paragraph (f) and after paragraph (g) insert “; or
(h)
a decision by the Independent Barring Board that the person
is to be included a barred list (within the meaning of the
Safeguarding Vulnerable Groups Act 2006).”
Osteopaths Act 1993 (c. 21)
10
5
In section 20(1) of the Osteopaths Act 1993 (professional conduct and fitness
to practise), omit “or” at the end of paragraph (c) and after paragraph (d)
insert “; or
(e)
a decision has been taken by the Independent Barring Board
that he is to be included in a barred list (within the meaning
15
of the Safeguarding Vulnerable Groups Act 2006).”
Chiropractors Act 1994 (c. 17)
6
In section 20(1) of the Chiropractors Act 1994 (professional conduct and
fitness to practise), omit “or” at the end of paragraph (c) and after paragraph
(d) insert “; or
20
(e)
a decision has been taken by the Independent Barring Board
that he is to be included in a barred list (within the meaning
of the Safeguarding Vulnerable Groups Act 2006).”
Police Act 1997 (c. 50)
7     (1)
The Police Act 1997 is amended as follows.
25
      (2)
In section 113A (criminal record certificates) after subsection (6) insert—
“(7)
The Secretary of State may by order amend the definitions of “central
records” and “relevant matter” in subsection (6).
(8)
The power to make an order under subsection (7) is exercisable by
statutory instrument, but no such order may be made unless a draft
30
of the instrument containing the order is laid before and approved by
resolution of each House of Parliament.”
      (3)
In section 113B (enhanced criminal record certificates)—
(a)
in subsection (2)(b) after “required” insert “for the purposes of an
exempted question asked”;
35
(b)
after subsection (3) insert—
“(3A)
In such cases as are prescribed, an enhanced criminal record
certificate must also include relevant information (within the
meaning of Schedule 4 to the Safeguarding Vulnerable
Groups Act 2006) relating to the individual.”
40
      (4)
In section 119 (sources of information)—

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments
56

(a)
in subsection (1), for the words from “his functions” to the end
substitute “a relevant function”;
(b)
in subsection (2) after “or 116” insert “or for the purposes of section
21 of the Safeguarding Vulnerable Groups Act 2006”;
(c)
after subsection (7) insert—
5
“(8)
In this section a relevant function is a function of the
Secretary of State —
(a)
under this Part in relation to any application for a
certificate or for registration;
(b)
under this Part in relation to the determination of
10
whether a person should continue to be a registered
person;
(c)
under section 21 of the Safeguarding Vulnerable
Groups Act 2006 in relation to monitoring a person in
relation to a regulated activity (within the meaning of
15
that Act);
(d)
under paragraph 1, 2, 6 or 7 of Schedule 2 to that Act
(considering whether criteria prescribed for the
purpose of that paragraph apply to an individual).”
Care Standards Act 2000 (c. 14)
20
8
In section 58 of the Care Standards Act 2000, after subsection (3) insert—
“(4)
For the purposes of subsection (1)(a), in considering whether a
person is of good character, the Council may have regard to whether
he is included in a barred list (within the meaning of the
Safeguarding Vulnerable Groups Act 2006).”
25
Nursing and Midwifery Order 2001 (S.I. 2002/253)
9     (1)
The Nursing and Midwifery Order 2001 is amended as follows.
      (2)
In Article 5, after paragraph (2) insert—
“(2A)
For the purposes of paragraph (2)(b), in considering whether a
person is of good character, regard may be had to whether he is
30
included in a barred list (within the meaning of the Safeguarding
Vulnerable Groups Act 2006).”
      (3)
In Article 22, in paragraph (1)—
(a)
omit “or” after sub-paragraph (a)(iv);
(b)
after sub-paragraph (a)(v) insert “or
35
(vi)
a decision by the Independent Barring
Board that the person is to be included
in a barred list (within the meaning of
the Safeguarding Vulnerable Groups
Act 2006).”
40
Health Professions Order 2001 (S.I. 2002/254)
10    (1)
The Health Professions Order 2001 is amended as follows.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 6 — Repeals
57

      (2)
In Article 5, after paragraph (2) insert—
“(2A)
For the purposes of paragraph (2)(b), in considering whether a
person is of good character, regard may be had to whether he is
included in a barred list (within the meaning of the Safeguarding
Vulnerable Groups Act 2006).”
5
      (3)
In Article 22, in paragraph (1)—
(a)
omit “or” after sub-paragraph (a)(iv);
(b)
after sub-paragraph (a)(v) insert “or
(vi)
a decision by the Independent Barring
Board that the person is to be included
10
in a barred list (within the meaning of
the Safeguarding Vulnerable Groups
Act 2006).”
      (4)
In their application to Scotland, the amendments made by this paragraph do
not have effect in relation to a profession in so far as provision may be made
15
for the regulation of the profession by an Act of the Scottish Parliament.
Schedule 6
Section 47

Repeals

Short title and chapter
Extent of repeal

Criminal Justice and Court
Sections 26 to 38

20

Services Act 2000 (c. 43)