Safeguarding Vulnerable Groups Bill [HL]

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]

Safeguarding Vulnerable Groups Bill [HL]
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(a)
he provides the written confirmation mentioned in subsection (8), and
(b)
the condition in subsection (12) or (13) is satisfied in relation to him.
(12)
The condition is that C has not made an appropriate check.
(13)
The condition is that—
(a)
C has made an appropriate check, and
5
(b)
before he gives the written confirmation he has reason to believe that B
has become barred or is no longer subject to monitoring.
(14)
For the purposes of subsection (3) a regulated activity provider obtains the
relevant information only if—
(a)
he obtains it as part of an enhanced criminal record certificate relating
10
to the individual issued in relation to him under section 113B of the
Police Act 1997 (c. 50) during the prescribed period, or
(b)
in that period he obtains the information by making an application
under Schedule 4.
(15)
For the purposes of subsection (14) an enhanced criminal record certificate is
15
issued in relation to a regulated activity provider only if—
(a)
he countersigned the application for the certificate as a registered
person for the purposes of Part 5 of the Police Act 1997, or
(b)
the application was countersigned on his behalf by such a registered
person.
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12
Educational establishments: check on members of governing body
(1)
The appropriate officer commits an offence if he fails in the prescribed period
to obtain relevant information (within the meaning of Schedule 4) relating to
any person (B) who is appointed to the governing body of an educational
establishment mentioned in section 8(5).
25
(2)
A person guilty of an offence under subsection (1) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(3)
A person does not commit an offence under subsection (1) if, in relation to any
continuous period for which B is a member of the governing body of the
establishment—
30
(a)
the appointment first took effect before the commencement of this
section, and
(b)
it continues to have effect after such commencement.
(4)
Subsection (3) does not apply in respect of an appointment which continues to
have effect after such date as the Secretary of State specifies by order.
35
(5)
An appropriate officer is such person as is prescribed.
13
Personnel suppliers and regulated activity
(1)
A regulated activity provider (A) does not commit an offence under section 11
if—
(a)
he permits an individual (B) to engage in regulated activity without
40
making an appropriate check (within the meaning of that section),
(b)
B is supplied to A by a personnel supplier,

Safeguarding Vulnerable Groups Bill [HL]
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(c)
the permission does not have continuous effect for a period exceeding
the prescribed period, and
(d)
the condition in subsection (2) is satisfied.
(2)
The condition is that, in the prescribed period, A obtains written confirmation
from the personnel supplier—
5
(a)
that the personnel supplier has ascertained in accordance with
subsection (3) that B is not barred from the activity and is subject to
monitoring in relation to the activity, and
(b)
that the personnel supplier has no reason to believe that B either has
become barred from the activity or is no longer subject to monitoring in
10
relation to it.
(3)
A personnel supplier ascertains in accordance with this subsection that B is not
barred and is subject to monitoring only if—
(a)
he obtains the relevant information (within the meaning of Schedule 4)
relating to B as part of an enhanced criminal record certificate relating
15
to B issued in relation to the personnel supplier under section 113B of
the Police Act 1997 (c. 50) during the prescribed period, or
(b)
in that period he obtains the information by making an application
under Schedule 4.
(4)
For the purposes of subsection (3) an enhanced criminal record certificate is
20
issued in relation to a personnel supplier only if—
(a)
he countersigned the application for the certificate as a registered
person for the purposes of Part 5 of the Police Act 1997, or
(b)
the application was countersigned on his behalf by such a registered
person.
25
(5)
A personnel supplier commits an offence if—
(a)
he provides the written confirmation mentioned in subsection (2), and
(b)
the condition in subsection (6) or (7) is satisfied in relation to him.
(6)
The condition is that the personnel supplier has not ascertained in accordance
with subsection (3) that B is not barred and is subject to monitoring.
30
(7)
The condition is that—
(a)
the personnel supplier has ascertained these matters in accordance
with subsection (3), and
(b)
before he gives the written confirmation he has reason to believe that B
has become barred or is no longer subject to monitoring.
35
(8)
A person guilty of an offence under subsection (5) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
14
Exception to requirement to make monitoring check
(1)
A regulated activity provider in relation to vulnerable adults falls within this
section if—
40
(a)
he is responsible for the control or management of an establishment in
which persons are detained in lawful custody (within the meaning of
section 44(7)(a) to (c));
(b)
he is responsible for the control or management of the provision of a
probation service;
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Safeguarding Vulnerable Groups Bill [HL]
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(c)
it is an organisation which provides recreational, social, sporting or
educational activities;
(d)
he provides wholly or mainly to vulnerable adults a course of
education or instruction which is of a prescribed description;
(e)
he is responsible for the control or management of the provision of
5
housing (including sheltered housing);
(f)
he provides welfare services of a prescribed description;
(g)
he makes arrangements of any description in connection with the
making of a payment in pursuance of section 57 of the Health and
Social Care Act 2001 or the provision of services paid for out of such
10
payments;
(h)
he makes arrangements for the appointment of a person or the
provision of a service as mentioned in section 44(10)(a), (b), (c) or (f).
(2)
A regulated activity provider which is a local authority does not fall within this
section by virtue of paragraph (c) or (e) of subsection (1) if the authority makes
15
the provision in pursuance of any enactment.
(3)
In this section “welfare services”—
(a)
includes services which provide support, assistance, advice or
counselling to individuals with particular needs;
(b)
does not include community care services within the meaning of
20
section 46 of the National Health Service and Community Care Act
1990 (c. 19).
(4)
Paragraphs (c), (d), (e) and (f) of subsection (1) cease to have effect on the
relevant day.
(5)
The relevant day is—
25
(a)
the last day of the period of three years starting on the day any
provision of this section is brought into force, or
(b)
such later day as the Secretary of State specifies by order.
(6)
A date specified under subsection (5)(b) must be not more than three years
after—
30
(a)
the relevant day as mentioned in subsection (5)(a), or
(b)
the last day specified in respect of the paragraph concerned under
subsection (5)(b).
(7)
The Secretary of State may by order amend or omit any paragraph of
subsection (1).
35
15
NHS employment
(1)
A regulated activity provider falls within this section if—
(a)
he permits a person (E) to engage in regulated activity in pursuance of
arrangements made by another person,
(b)
immediately before the permission takes effect E is engaged in relevant
40
NHS employment,
(c)
for the duration of the permission E continues to be engaged in that
relevant NHS employment, and
(d)
the regulated activity is also relevant NHS employment.
(2)
Relevant NHS employment is employment with an NHS body in which the
45
employee engages in regulated activity.

Safeguarding Vulnerable Groups Bill [HL]
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(3)
Each of the following is an NHS body—
(a)
a National Health Service trust;
(b)
a Strategic Health Authority;
(c)
an NHS foundation trust;
(d)
a Health Authority;
5
(e)
a Local Health Board;
(f)
a Special Health Authority;
(g)
a Primary Care Trust.
16
Offences: companies etc.
(1)
If an offence under section 9, 10 or 11 is committed by a body corporate and is
10
proved to have been committed with the consent or connivance of, or to be
attributable to neglect on the part of—
(a)
a director, manager, secretary or other similar officer of the body, or
(b)
a person purporting to act in such a capacity,

he (as well as the body) commits the offence.
15
(2)
If an offence under section 9, 10 or 11 is committed by a partnership (whether
or not a limited partnership) and is proved to have been committed with the
consent or connivance of, or to be attributable to neglect on the part of—
(a)
a partner, or
(b)
a person purporting to act as a partner,
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he (as well as the partnership) commits the offence.
(3)
In subsection (1), “director”, in relation to a body corporate whose affairs are
managed by its members, means a member of the body.
17
Offences: employees
(1)
If the commission of an offence under section 9, 10 or 11 is due to the act or
25
default of an employee of a regulated activity provider or personnel supplier,
the employee is guilty of the offence; and the employee may be proceeded
against and punished whether or not proceedings are also taken against his
employer.
(2)
For the purposes of subsection (1), an employee includes a person who acts in
30
an unpaid capacity under the direction of the officers of an unincorporated
body.
Controlled activity
18
Controlled activity relating to children
(1)
A reference to a controlled activity relating to children must be construed in
35
accordance with this section.
(2)
An activity which falls within any of subsections (3) to (5) is a controlled
activity to the extent that it is not a regulated activity relating to children.
(3)
An activity falls within this subsection if—
(a)
it consists in or is carried out in connection with any form of health care,
40
treatment or therapy to which subsection (6) applies,

Safeguarding Vulnerable Groups Bill [HL]
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(b)
it is carried out frequently by the same person, and
(c)
it gives the person an opportunity mentioned in subsection (7).
(4)
An activity falls within this subsection if—
(a)
it is carried out in a further education institution (within the meaning
of section 140(3) of the Education Act 2002 (c. 32)),
5
(b)
it is carried out frequently by the same person,
(c)
it is carried out for or in connection with the purposes of the institution,
and
(d)
it gives the person the opportunity mentioned in subsection (7)(a).
(5)
An activity falls within this subsection if it consists in or involves on a regular
10
basis the day to day management or supervision of a person carrying out an
activity which falls within subsection (3) or (4).
(6)
This subsection applies to health care, treatment or therapy which is provided
for a child—
(a)
in pursuance of arrangements made by or under an enactment,
15
(b)
in an establishment in relation to which a requirement to register arises
under section 11 of the Care Standards Act 2000 (c. 14), or
(c)
by an agency in relation to which such a requirement arises.
(7)
The opportunities are—
(a)
opportunity to have any form of contact with children;
20
(b)
opportunity to have access to the health records of children.
(8)
The Secretary of State may, by order, amend subsections (2) to (7) (including by
adding new subsections or omitting or varying any of the subsections or
anything contained in them).
19
Controlled activity relating to vulnerable adults
25
(1)
A reference to a controlled activity relating to vulnerable adults must be
construed in accordance with this section.
(2)
An activity which is ancillary to or is carried out wholly or mainly in relation
to an activity which falls within subsection (4) is a controlled activity to the
extent that it is not a regulated activity relating to vulnerable adults if—
30
(a)
it is carried out frequently by the same person, and
(b)
it gives the person an opportunity mentioned in subsection (5).
(3)
An 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
subsection (2) is also a controlled activity relating to vulnerable adults.
35
(4)
Each of the following falls within this section—
(a)
the provision of primary care services;
(b)
the provision of hospital services;
(c)
the provision of domiciliary care;
(d)
the making of arrangements in connection with an adult placement
40
scheme;
(e)
the provision of community care services;
(f)
such other activity as is prescribed.
(5)
The opportunities are—

Safeguarding Vulnerable Groups Bill [HL]
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(a)
opportunity to have any form of contact with a vulnerable adult;
(b)
opportunity to have access to the health records of a vulnerable adult;
(c)
opportunity to have access to such other information as may be
prescribed relating to a vulnerable adult.
(6)
In this section—
5
“adult placement scheme” means a scheme—
(a)
under which an individual agrees with the person carrying on
the scheme to provide care or support (which may include
accommodation) to an adult who is in need of it, and
(b)
in respect of which a requirement to register arises under
10
section 11 of the Care Standards Act 2000 (c. 14);
“community care services” has the same meaning as in section 46(3) of the
National Health Service and Community Care Act 1990 (c. 19);
“domiciliary care” must be construed in accordance with section 44(4) and
(5);
15
“hospital services” means in-patient or out-patient services provided by—
(a)
a National Health Service trust;
(b)
an NHS foundation trust;
(c)
a Primary Care Trust;
(d)
an independent hospital (within the meaning of section 2 of the
20
Care Standards Act 2000);
(e)
an independent clinic (within the meaning of that section);
(f)
an independent medical agency (within the meaning of that
section);
“primary care services” means any of the following—
25
(a)
primary medical services or primary dental services provided
under the National Health Service Act 2006 (“the NHS Act”) or
the National Health Service (Wales) Act 2006 (“the NHS (Wales)
Act”);
(b)
general ophthalmic services provided under Part 6 of the NHS
30
(Wales) Act;
(c)
general ophthalmic services provided in accordance with
section 38 of the National Health Service Act 1977 ;
(d)
pharmaceutical services provided in pursuance of
arrangements made under section 126 or 127 of the NHS Act or
35
section 80 or 81 of the NHS (Wales) Act, or local pharmaceutical
services provided under section 134 of, or Schedule 12 to, the
NHS Act or under section 92 of, or Schedule 7 to, the NHS
(Wales) Act;
(e)
a service which corresponds to a service mentioned in any of
40
paragraphs (a) to (d) but which is provided otherwise than by
virtue of arrangements made pursuant to an enactment
mentioned in that paragraph.
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Controlled activity: guidance
(1)
The appropriate authority may issue guidance as to the steps to be taken by a
45
person who falls within subsection (3) in relation to permitting another person
to engage in controlled activity.

Safeguarding Vulnerable Groups Bill [HL]
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(2)
A person who falls within subsection (3) must have regard to guidance issued
under subsection (1).
(3)
These are the persons—
(a)
a Strategic Health Authority;
(b)
a Health Authority;
5
(c)
a Special Health Authority;
(d)
a Primary Care Trust;
(e)
a Local Health Board;
(f)
a National Health Service trust;
(g)
an NHS foundation trust;
10
(h)
a local authority within the meaning of the Local Government Act 1972
(c. 70);
(i)
a person carrying on or managing an establishment or agency in
relation to which a requirement to register arises under section 11 of the
Care Standards Act 2000 (c. 14);
15
(j)
a person carrying on or managing an activity in respect of which a
requirement to register arises under that section as modified by
regulations under section 42 of that Act;
(k)
a further education institution (within the meaning of section 140(3) of
the Education Act 2002 (c. 32));
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(l)
such other person as is prescribed carrying out an activity prescribed
pursuant to section 19(4)(f).
(4)
The appropriate authority is—
(a)
in so far as any function of a person falling within subsection (3) is
exercisable in relation to Wales, the National Assembly for Wales;
25
(b)
in any other case, the Secretary of State.
Monitoring
21
Monitoring
(1)
An individual is subject to monitoring in relation to regulated activity if—
(a)
he is not barred from engaging in the activity,
30
(b)
he makes a monitoring application,
(c)
he satisfies the prescribed requirements, and
(d)
he pays the prescribed fee.
(2)
A monitoring application must specify whether it is in respect of—
(a)
regulated activity relating to children, or
35
(b)
regulated activity relating to vulnerable adults.
(3)
On a monitoring application being made the Secretary of State must—
(a)
make such enquiries as he thinks appropriate to ascertain whether any
relevant information exists in relation to the individual;
(b)
request the person who holds such information to provide it to him;
40
(c)
provide the individual with any such information (except information
to which subsection (6) applies) unless he thinks that the individual has
already been provided with the information.
(4)
The Secretary of State must also ensure that—