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

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Secretary Alan Johnson

63

Page 12, line 22 [Clause 18], leave out ‘(7)’ and insert ‘(7C)’.

Secretary Alan Johnson

64

Page 12, line 31 [Clause 19], 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

65

Page 12, line 42 [Clause 19], at end insert—

‘( ) the making of payments under section 57 of the Health and Social Care Act 2001 (c. 15);’.

Secretary Alan Johnson

66

Page 13, line 2 [Clause 19], after ‘records’ insert ‘or social services records (within the meaning of section 18(7C))’.

Secretary Alan Johnson

67

Page 13, line 18 [Clause 19], at end insert—

    ‘() a Local Health Board;’.

Secretary Alan Johnson

68

Page 14, line 33 [Clause 21], leave out ‘the prescribed fee’ and insert ‘such fee (if any) as is prescribed’.

Secretary Alan Johnson

69

Page 14, line 41 [Clause 21], leave out paragraph (c) and insert—

      ‘(3A) The Secretary of State must—

        (a) provide the individual with any disclosable information that he has, or

        (b) notify the individual that he has no disclosable information.

      (3B) Disclosable information is information provided to the Secretary of State under subsection (3)(b) in relation to the individual, but does not include information to which subsection (6) applies.

      (3C) Subsection (3A) does not apply if the individual made an application for an enhanced criminal record certificate (under section 113B of the Police Act 1997 (c. 50)) simultaneously with his monitoring application.’.

Secretary Alan Johnson

70

Page 15, line 16 [Clause 21], leave out subsection (7).

Secretary Alan Johnson

71

Page 15, line 31 [Clause 21], leave out ‘United Kingdom Passport Agency’ and insert ‘Identity and Passport Service’.

Secretary Alan Johnson

72

Page 15, line 39 [Clause 21], at end insert ‘as if an application under this section were an application under that section’.

Secretary Alan Johnson

73

Page 16, line 28 [Clause 23], at end insert—

        ‘( ) all cases in which information is withheld from an individual because it is information to which section 21(6) of the Safeguarding Vulnerable Groups Act 2006 applies;

        ( ) a sample of cases in which relevant information (within the meaning of section 21(5)(b) of that Act) is provided to an individual in pursuance of section 21(3A)(a) of that Act.’.

Secretary Alan Johnson

74

Page 17, line 20, leave out Clause 25.

Secretary Alan Johnson

75

Page 17, line 23, leave out Clause 26.

Secretary Alan Johnson

76

Page 19, line 5 [Clause 27], leave out subsection (6) and insert—

      ‘(6) If regulated activity engaged in by P—

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

        (b) falls within section 14,

      subsection (2) must be read as if for “must” there were substituted “may”.’.

Secretary Alan Johnson

77

Page 21, line 28 [Clause 31], leave out subsection (5).

Secretary Alan Johnson

78

Page 22, line 33 [Clause 33], leave out subsection (5).

Secretary Alan Johnson

79

Page 23, line 4 [Clause 33], leave out subsection (8) and insert—

      ‘(8) In this section—

        (a) a relevant register is a register appearing in column 1 of the following table, and

        (b) in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

Relevant register Keeper of the register
1.   The register of teachers maintained under section 3 of the Teaching and Higher Education Act 1998 (c. 30) The General Teaching Council for England or the General Teaching Council for Wales, as the case may be
2.  The register of pharmaceutical chemists maintained under section 2 of the Pharmacy Act 1954 (c. 61) The registrar appointed under section 1 of that Act
3.  Either of the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54) The registrar of the General Medical Council
4.  The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that Act The registrar appointed under section 14 of that Act
5.  The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that Act The registrar of the General Optical Council
6.  The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21) The Registrar of Osteopaths
7.  The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17) The Registrar of Chiropractors
8.  The register of social workers and social care workers maintained under section 56 of the Care Standards Act 2000 (c. 14) The General Social Care Council or the Care Council for Wales, as the case may be
9.  The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253) The registrar appointed under Article 4 of that Order
10.  The register of members of relevant professions maintained under Article 5 of the Health Professions Order 2001 (S.I. 2002/254) The registrar appointed under Article 4 of that Order

      (9) The Secretary of State may by order amend the table in subsection (8) by inserting an entry or amending or omitting an entry for the time being contained in the table.’.

Secretary Alan Johnson

80

Page 23, line 16 [Clause 34], leave out ‘35(5)’ and insert ‘33(8)’.

Secretary Alan Johnson

81

Page 23, line 40 [Clause 35], leave out ‘the following table’ and insert ‘entry 1 or 8 of the table in section 33(8)’.

Secretary Alan Johnson

82

Page 24, line 1 [Clause 35], leave out lines 1 to 44.

Secretary Alan Johnson

83

Page 25, line 4 [Clause 35], leave out subsection (8).

Secretary Alan Johnson

84

Page 25, line 10 [Clause 35], leave out subsection (9).

Secretary Alan Johnson

85

Page 26, line 3 [Clause 36], at end insert—

        ‘( ) the National Assembly for Wales in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);’.

Secretary Alan Johnson

86

Page 26, line 10 [Clause 36], at end insert—

        ‘( ) the Public Guardian in the exercise of his functions;’.

Secretary Alan Johnson

87

Page 26, line 14 [Clause 36], at end insert—

        ‘( ) the Charity Commissioners for England and Wales in the exercise of their functions;’.

Secretary Alan Johnson

88

Page 26, line 33 [Clause 37], leave out subsection (4).

Secretary Alan Johnson

89

Page 26, line 37 [Clause 38], leave out paragraphs (a) and (b) and insert ‘has information that it thinks is relevant to a supervisory authority’.

Secretary Alan Johnson

90

Page 27, line 2 [Clause 38], at end insert ‘or information that any of the events mentioned in section (supervisory authorities: notification of barring &c in respect of children)(1)(a), (b) and (c) or (supervisory authorities: notification of barring &c in respect of vulnerable adults)(1)(a), (b) and (c) has occurred in relation to a person’.

Secretary Alan Johnson

91

Page 27, line 3 [Clause 38], leave out subsection (4).

Secretary Alan Johnson

92

Page 28, line 29 [Clause 43], at end insert—

      ‘( ) The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—

        (a) carried out in the course of a family relationship;

        (b) carried out in the course of a personal relationship.’.

Secretary Alan Johnson

93

Page 28, line 30 [Clause 43], leave out subsection (6).

Secretary Alan Johnson

94

Page 31, line 6 [Clause 45], leave out ‘have the same meaning as in’ and insert ‘must be construed in accordance with’.

Secretary Alan Johnson

95

Page 31, line 16 [Clause 45], at end insert—

      ‘“supervisory authority” must be construed in accordance with section 36(7).’.

Secretary Alan Johnson

96

Page 31, line 21 [Clause 45], at end insert—

      ‘( ) Nothing in this Act affects any power to provide information that exists apart from this Act.’.

Secretary Alan Johnson

97

Page 31, line 32 [Clause 46], at end insert—

        ‘( ) by order under section (Devolution: alignment)(1) if it contains provision amending this Act or confers power to make subordinate legislation,’.

Secretary Alan Johnson

98

Page 31, line 33 [Clause 46], after ‘48(2)’ insert—

        ‘( ) by order under paragraph 5A or 10A of Schedule 2,’.

Secretary Alan Johnson

99

Page 31, line 33 [Clause 46], leave out ‘by order’.

Secretary Alan Johnson

100

Page 32 [Clause 48], leave out line 3 and insert at end insert—

      ‘(1) Power to make subordinate legislation under this Act includes power to make—’.

Secretary Alan Johnson

101

Page 32 [Clause 48], leave out lines 6 to 8 and insert ‘as the person making the subordinate legislation thinks necessary or expedient’.

Secretary Alan Johnson

102

Page 32, line 9 [Clause 48], at beginning insert—

      ‘( ) The Secretary of State may by order may make such further provision as he considers appropriate—

        (a) for the general purposes, or any particular purpose, of this Act;

        (b) in consequence of any provision made by this Act;

        (c) for giving full effect to this Act or any provision made by it.’.

Secretary Alan Johnson

103

Page 32, line 9 [Clause 48], leave out ‘An order’ and insert ‘Subordinate legislation’.

Secretary Alan Johnson

104

Page 32, line 9 [Clause 48], after ‘subsection (1)’ insert ‘or (2)’.

Secretary Alan Johnson

105

Page 32, line 10 [Clause 48], at end insert—

      ‘( ) References in this section to subordinate legislation are to an order or regulations under this Act.’.

Secretary Alan Johnson

106

Page 32, line 16 [Clause 50], leave out ‘(2)’ and insert ‘(3)’.

Secretary Alan Johnson

107

Page 32, line 18 [Clause 50], leave out subsection (2).

Secretary Alan Johnson

108

Page 32, line 20 [Clause 50], leave out ‘and 24’ and insert ‘, 24 and 41’.

Secretary Alan Johnson

NS1

    To move the following Schedule:—

SCHEDULE ‘0 Transfers to IBB

    Staff transfer schemes

    1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

      (a) for a person employed in the civil service of the state to become an employee of IBB;

      (b) for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with IBB;

      (c) for the transfer to IBB of the rights, powers, duties and liabilities of the Crown under or in connection with his terms of employment;

      (d) for anything done (or having effect as if done) before that transfer by or in relation to the Crown in respect of the terms of employment or the person to be treated as having been done by or in relation to IBB.

    (2) A staff transfer scheme may provide for a period before a person became an employee of IBB to count as a period during which he was such an employee (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

    (3) A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of IBB not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him.

    (4) A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as having his employment terminated by the operation of the scheme not to be so treated.

    Property transfer schemes

    2 (1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to IBB of any property, rights or liabilities of the Secretary of State.

    (2) The things that may be transferred by a property transfer scheme include—

      (a) property, rights and liabilities that could not otherwise be transferred;

      (b) property acquired, and rights and liabilities arising, after the making of the scheme.

    (3) A property transfer scheme may—

      (a) create interests in, or rights in relation to, anything that is or could be transferred by the scheme;

      (b) impose liabilities in relation to anything that is or could be transferred or created by the scheme;

      (c) apportion property, rights and liabilities;

      (d) provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to IBB;

      (e) make provision about the continuation of legal proceedings.

    Schemes: supplementary

3 A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.’.

Secretary Alan Johnson

109

Page 35, line 43 [Schedule 1], at end insert—

    Funding

10A The Secretary of State may make payments to IBB of such amounts, at such times and on such conditions (if any) as he thinks appropriate.’.

Secretary Alan Johnson

110

Page 36, line 10 [Schedule 1], leave out ‘lay’ and insert ‘send’.

Secretary Alan Johnson

111

Page 36, line 10 [Schedule 1], after report insert ‘to the Secretary of State, who must lay them’.

Secretary Alan Johnson

112

Page 36, line 22 [Schedule 1], at end insert—

    Payments in connection with maladministration

    (1) If IBB thinks—

      (a) that action taken by or on behalf of IBB amounts to maladministration, and

      (b) that a person has been adversely affected by the action,

    IBB may make such payment (if any) to the person as it thinks appropriate.

    (2) “Action” includes failure to act.’.

Secretary Alan Johnson

113

Page 37, line 33 [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) IBB must include the person in the children’s barred list if—

      (a) it is satisfied that the person has engaged in relevant conduct, and

      (b) it appears to IBB that it is appropriate to include the person in the list.’.

Secretary Alan Johnson

114

Page 38, line 13 [Schedule 2], leave out from ‘involving’ to end of line 14 and insert ‘sexual material relating to children (including possession of such material);’.

Secretary Alan Johnson

115

Page 38, line 13 [Schedule 2], at end insert—

      ‘(ca) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to IBB that the conduct is inappropriate;’.

Secretary Alan Johnson

116

Page 38, line 22 [Schedule 2], at end insert—

    ‘() “Sexual material relating to children” means—

      (a) indecent images of children, or

      (b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.’.

Secretary Alan Johnson

117

Page 38, line 22 [Schedule 2], at end insert—

    ‘() “Image” means an image produced by any means, whether of a real or imaginary subject.’.

Secretary Alan Johnson

118

Page 38, line 25 [Schedule 2], leave out ‘(1)(c)’ and insert ‘(1)(ca)’.

Secretary Alan Johnson

119

Page 38, line 34 [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) IBB must include the person in the children’s barred list if—

      (a) it is satisfied that the person falls within sub-paragraph (4), and

      (b) it appears to IBB that it is appropriate to include the person in the list.’.

Secretary Alan Johnson

120

Page 38, line 41 [Schedule 2], at end insert—

    Restriction on inclusion

    5A (1) IBB must not include a person in the children’s barred list—

      (a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

      (b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person’s case to be considered by the relevant Scottish authority.

    (2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of IBB.

    (3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children’s barred list.’.

Secretary Alan Johnson

121

Page 39, line 28 [Schedule 2], leave out sub-paragraph (3) and insert—

    ‘(3) IBB must include the person in the adults’ barred list if—

      (a) it is satisfied that the person has engaged in relevant conduct, and

      (b) it appears to IBB that it is appropriate to include the person in the list.’.

Secretary Alan Johnson

122

Page 39, line 36 [Schedule 2], leave out paragraph (c).

Secretary Alan Johnson

123

Page 39, line 38 [Schedule 2], at beginning insert—

      ‘( ) conduct involving sexual material relating to children (including possession of such material);’.

Secretary Alan Johnson

124

Page 39, line 38 [Schedule 2], at beginning insert—

      ‘(ca) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to IBB that the conduct is inappropriate;’.

 
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Prepared: 18 October 2006