House of Commons - Amendments
Safeguarding Vulnerable Groups Bill [Lords], As Amended - continued          House of Commons

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Prohibition of requirement to produce certain records

Secretary Alan Johnson

NC12

    To move the following Clause:—

      ‘(1) A person (P) must not, in connection with—

        (a) the recruitment of another person as an employee, or

        (b) the continued employment of another person,

      require that other person or a third party to supply him with a relevant record.

      (2) A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record.

      (3) Subsection (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 6(1) of Schedule 3 and the activity is for, or for the benefit, of—

        (a) P himself;

        (b) a child, or vulnerable adult, who is a member of P’s family;

        (c) a child, or vulnerable adult, who is a friend of P.

      (4) “Family” and “friend” must be construed in accordance with section 43.

      (5) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

      (6) A relevant record is the record of information provided by the Secretary of State under section 21(3A).

      (7) An employee is an individual who—

        (a) works under a contract of employment, as defined by section 230(2) of the Employment Rights Act 1996 (c. 18),

        (b) provides any service under a contract for services, or

        (c) holds any office,

      whether or not he is entitled to remuneration; and “employment” must be construed accordingly.’.

Referrals: findings of fact immaterial

Secretary Alan Johnson

NC13

    To move the following Clause:—

      ‘(1) For the purposes of the provisions mentioned in subsection (2), it is immaterial whether there is a finding of fact in any proceedings.

      (2) The provisions are—

      section 27(3)(b) and (c);

      section 28(4)(b) and (c);

      section 31(2)(b) and (c) and (6)(a);

      section 33(2)(b) and (c) and (6)(a);

      section 36(2)(b) and (c) and (5)(a).’.

Devolution: alignment

Secretary Alan Johnson

NC14

    To move the following Clause:—

      ‘(1) The Secretary of State may, by order, make such provision (including provision amending any enactment contained in or made under any Act, including this Act) as he thinks necessary or expedient in consequence of or having regard to any relevant Scottish legislation or relevant Northern Ireland legislation.

      (2) An order may—

        (a) include provision for treating a person to whom a monitoring provision applies as if he were subject to monitoring in relation to regulated activity;

        (b) confer power to make subordinate legislation (within the meaning given by the Interpretation Act 1978).

      (3) Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks—

        (a) corresponds to provision made by or under this Act,

        (b) makes monitoring provision, or

        (c) affects the operation of any provision made by or under this Act.

      (4) Relevant Northern Ireland legislation is any provision of such legislation which the Secretary of State thinks—

        (a) corresponds to provision made by or under this Act

        (b) makes monitoring provision, or

        (c) affects the operation of any provision made by or under this Act.

      (5) Monitoring provision is provision for the collation and disclosure of information relating to persons who engage or wish to engage in activity which the Secretary of State thinks corresponds to regulated activity with children or vulnerable adults.’.

Secretary Alan Johnson

19

Page 1, line 5 [Clause 1], at end insert—

      ‘( ) Schedule (transfers to IBB) (transfers to IBB) has effect.’.

Secretary Alan Johnson

20

Page 3, line 26 [Clause 6], at end insert—

      ‘( ) A person (P) is also a regulated activity provider if he carries on a scheme—

        (a) under which an individual agrees with P 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 section 11 of the Care Standards Act 2000.’.

Secretary Alan Johnson

21

Page 3, line 26 [Clause 6], at end insert—

      ‘(2A) A person (P) is also a regulated activity provider if section (Fostering)(4) (fostering) so provides.’.

Secretary Alan Johnson

22

Page 3, line 36 [Clause 6], after ‘person’ insert ‘—

        ‘(a) ‘.

Secretary Alan Johnson

23

Page 3, line 37 [Clause 6], for ‘(m), (n) or (o)’ insert ‘or (m) or 6A(1)(a), (d) or (e)’.

Secretary Alan Johnson

24

Page 3, line 38 [Clause 6], at end insert—

        ‘(b) as a deputy under section 16(2)(b) of the Mental Capacity Act 2005;

        (c) as member or chief executive of IBB;

        (d) to any position mentioned in paragraph (a), (b) or (f) of section 44(10) or to exercise any function mentioned in that subsection’.

Secretary Alan Johnson

25

Page 3, line 38 [Clause 6], at end insert—

      ‘( ) For the purposes of subsection (5) it is immaterial whether P is also acting in any capacity other than as a family member or friend.’.

Secretary Alan Johnson

26

Page 4, line 7 [Clause 6], at end insert—

      ‘( ) The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.’.

Secretary Alan Johnson

27

Page 4, line 18 [Clause 7], after ‘fine’ insert ‘not exceeding the statutory maximum’.

Secretary Alan Johnson

28

Page 4, line 21 [Clause 7], at end insert—

      ‘( ) It is a defence for a person charged with an offence under subsection (1) to prove—

        (a) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

        (b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

        (c) that he engaged in the activity for no longer than was necessary for that purpose.’.

Secretary Alan Johnson

29

Page 4, line 21 [Clause 7], at end insert—

      ‘(4) For the purposes of this section, Schedule 3 is modified as follows—

        (a) in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded;

        (b) in paragraph 6(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

        (c) in paragraph 6(4), paragraph (a) must be disregarded.’.

Secretary Alan Johnson

30

Page 4, line 21 [Clause 7], at end insert—

      ‘( ) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 months must be taken to be a reference to six months.’.

Secretary Alan Johnson

31

Page 5, line 16 [Clause 8], leave out subsection (10).

Secretary Alan Johnson

32

Page 5, line 21 [Clause 8], leave out from ‘if’ to end of line 24 and insert ‘the regulated activity—

        (a) is regulated activity relating to vulnerable adults, and

        (b) falls within section 14.’.

Secretary Alan Johnson

33

Page 5, line 34 [Clause 8], at end insert—

      ‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.’.

Secretary Alan Johnson

34

Page 5, line 41 [Clause 9], leave out ‘a regulated activity provider’ and insert ‘another (P)’.

Secretary Alan Johnson

35

Page 5, line 42 [Clause 9], leave out ‘the regulated activity provider’ and insert ‘P’.

Secretary Alan Johnson

36

Page 6, line 11 [Clause 9], after ‘fine’ insert ‘not exceeding the statutory maximum’.

Secretary Alan Johnson

37

Page 6, line 11 [Clause 9], at end insert—

      ‘( ) It is a defence for a person charged with an offence under this section to prove—

        (a) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

        (b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

        (c) that the barred person engaged in the activity for no longer than was necessary for that purpose.’.

Secretary Alan Johnson

38

Page 6, line 11 [Clause 9], at end insert—

      ‘(5) For the purposes of this section, Schedule 3 is modified as follows—

        (a) in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded;

        (b) in paragraph 6(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

        (c) in paragraph 6(4), paragraph (a) must be disregarded.’.

Secretary Alan Johnson

39

Page 6, line 11 [Clause 9], at end insert—

      ‘( ) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12 months must be taken to be a reference to six months.’.

Secretary Alan Johnson

40

Page 6, line 19 [Clause 10], leave out ‘a regulated activity provider’ and insert ‘another (P)’.

Secretary Alan Johnson

41

Page 6, line 20 [Clause 10], leave out ‘the regulated activity provider’ and insert ‘P’.

Secretary Alan Johnson

42

Page 6, line 24 [Clause 10], at end insert—

      ‘(2A) For the purposes of subsection (2)(b), Schedule 3 is modified as follows—

        (a) in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded;

        (b) in paragraph 6(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

        (c) in paragraph 6(4), paragraph (a) must be disregarded.’.

Secretary Alan Johnson

43

Page 6, line 29 [Clause 10], leave out subsection (5).

Secretary Alan Johnson

44

Page 7, line 5 [Clause 10], leave out from ‘if’ to end of line 8 and insert ‘the regulated activity—

        (a) is regulated activity relating to vulnerable adults, and

        (b) falls within section 14.’.

Secretary Alan Johnson

45

Page 7, line 8 [Clause 10], at end insert—

      ‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.’.

Secretary Alan Johnson

46

Page 7, line 11 [Clause 11], at end insert—

      ‘( ) A person does not commit an offence under subsection (1) if the regulated activity—

        (a) is regulated activity relating to vulnerable adults, and

        (b) falls within section 14.’.

Secretary Alan Johnson

47

Page 7, line 17 [Clause 11], leave out ‘14 or’.

Secretary Alan Johnson

48

Page 7, line 20 [Clause 11], leave out subsection (6).

Secretary Alan Johnson

49

Page 7, line 42 [Clause 11], at end insert—

      ‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.’.

Secretary Alan Johnson

50

Page 9, line 39 [Clause 14], leave out subsections (1) and (2) and insert—

      ‘(1) Regulated activity falls within this section if it is carried out for the purposes of or in connection with any of the following—

        (a) an establishment for the detention of persons in lawful custody (within the meaning of section 44(7)(a) to (c));

        (b) a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults;

        (c) a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description;

        (d) the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing;

        (e) welfare services of a prescribed description;

        (f) dealing with payments by a person appointed to receive them as mentioned in section 44(10)(f).

      (2) Activity does not fall within this section if the individual engaging in the activity is a prison officer acting in the course of his duty.

      (2A) In subsection (2) “prison officer” includes—

        (a) a prisoner custody officer within the meaning of section 89(1) of the Criminal Justice Act 1991 (c. 53);

        (b) a custody officer within the meaning of section 12(3) of the Criminal Justice and Public Order Act 1994.

      (2B) Activity does not fall within this section by virtue of paragraph (b) of subsection (1) if—

        (a) the activity is carried out by or for a local authority in connection with the provision of community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990;

        (b) the activity is carried out by or in an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000;

        (c) the activity is carried out by an agency in relation to which such a requirement arises;

        (d) the activity is carried out by a person to whom Part 2 of that Act applies in pursuance of an order under section 42 of that Act of 2000;

        (e) the activity is carried out by an NHS body within the meaning of section 15(3) or by a person who provides health care for such a body.’.

Secretary Alan Johnson

51

Page 10, line 23 [Clause 14], leave out ‘(c), (d), (e) and (f)’ and insert ‘(b), (c), (d) and (e)’.

Secretary Alan Johnson

52

Page 10, line 38 [Clause 15], leave out ‘in pursuance of arrangements made by another person’.

Secretary Alan Johnson

53

Page 10, line 45 [Clause 15], after second ‘employment’ insert ‘—

        (a) ’.

Secretary Alan Johnson

54

Page 10, line 45 [Clause 15], after ‘body’ insert ‘, or

        (b) with a person who provides health care for an NHS body (wherever the health care is provided).’.

Secretary Alan Johnson

55

Page 11, line 5 [Clause 15], leave out paragraph (d).

Secretary Alan Johnson

56

Page 12, line 1 [Clause 18], after ‘person’ insert ‘or it is carried out by the same person on more than two days in any period of 30 days’.

Secretary Alan Johnson

57

Page 12, line 6 [Clause 18], at end insert ‘or it is carried out by the same person on more than two days in any period of 30 days’.

Secretary Alan Johnson

58

Page 12, line 6 [Clause 18], at end insert—

        ‘( ) it is carried out by the person while engaging in any form of work (whether or not for gain),’.

Secretary Alan Johnson

59

Page 12, line 9 [Clause 18], at end insert—

      ‘( ) An activity falls within this subsection if—

        (a) it consists in making payments under section 17A of the Children Act 1989 or the provision of assistance either in connection with the making of such payments or securing the provision of services paid for out of them,

        (b) it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and

        (c) it gives the person the opportunity mentioned in subsection (7)(a).’.

Secretary Alan Johnson

60

Page 12, line 9 [Clause 18], at end insert—

      ‘(4A) An activity falls within this subsection if it is carried out as mentioned in subsection (7B) frequently and it gives a person carrying out the activity the opportunity to have access to—

        (a) health, educational or social services records relating to children;

        (b) information provided pursuant to section 117(1) of the Learning and Skills Act 2000;

        (c) in the case of a person carrying out an activity mentioned in subsection (7B)(b), records of family proceedings (within the meaning of section 8(3) of the Children Act 1989) held by the Children and Family Court Advisory and Support Service;

        (d) in the case of a person carrying out an activity mentioned in subsection (7B)(c), records of family proceedings (within the meaning of section 8(3) of the Children Act 1989) held by the National Assembly for Wales.’.

Secretary Alan Johnson

61

Page 12, line 12 [Clause 18], leave out ‘or (4)’ and insert ‘(4) or (4A)’.

Secretary Alan Johnson

62

Page 12, line 21 [Clause 18], at end insert—

      ‘(7B) The activity is carried out—

        (a) for, or on behalf of, a local authority (in the exercise of its educational or social services functions);

        (b) for, or on behalf of, the Children and Family Court Advisory and Support Service;

        (c) for, or on behalf of, the National Assembly for Wales (in the exercise of its functions under Part 4 of the Children Act 2004 (Welsh family proceedings));

        (d) for, or on behalf of, the Qualifications and Curriculum Authority;

        (e) for, or on behalf of, Her Majesty’s Chief Inspector of Schools in England;

        (f) for, or on behalf of, HM Chief Inspector of Education and Training in Wales;

        (g) for, or on behalf of, an establishment or agency in respect of which a requirement to register arises under section 11 of the Care Standards Act 2000.

      (7C) In this section—

      “educational records” includes individual child information within the meaning of—

      (a) section 99 of Childcare Act 2006,

      (b) that section as modified by section 100 of that Act, or

      (c) section 101 of that Act;

      “local authority”—

      (d) in relation to the education functions of a local authority, has the same meaning as in section 579(1) of the Education Act 1996;

      (e) in any other case, has the meaning given by section 1 of the Local Authorities Social Services Act 1970;

      “social services functions” has the meaning given by section 1A of that Act;

      “social services records” means records obtained or held by a local authority in the exercise of its social services functions.’.

 
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Prepared: 18 October 2006