| Safeguarding Vulnerable Groups Bill [Lords], As Amended - continued | House of Commons |
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Secretary Alan Johnson 125 Page 40, line 4 [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 126 Page 40, line 4 [Schedule 2], at end insert— ‘() “Image” means an image produced by any means, whether of a real or imaginary subject.’. Secretary Alan Johnson 127 Page 40, line 7 [Schedule 2], leave out ‘(1)(c)’ and insert ‘(1)(ca)’. Secretary Alan Johnson 128 Page 40, line 16 [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 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 129 Page 40, line 23 [Schedule 2], at end insert— ‘Restriction on inclusion 10A (1) IBB must not include a person in the adults’ 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 adults’ barred list.’. Secretary Alan Johnson 130 Page 43, line 19 [Schedule 2], at end insert— ‘() If IBB so requests, the Secretary of State must inform IBB which police forces are relevant police forces in relation to a person.’. Secretary Alan Johnson 131 Page 43, line 36 [Schedule 2], at end insert— ‘ The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.’. Secretary Alan Johnson 132 Page 43, line 36 [Schedule 2], at end insert— ‘ IBB may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.’. Secretary Alan Johnson 133 Page 43, line 44 [Schedule 2], before ‘list’ insert ‘specified’. Secretary Alan Johnson 134 Page 43, line 45 [Schedule 2], leave out from ‘Kingdom’ to end of line 47. Secretary Alan Johnson 135 Page 44, line 10 [Schedule 2], at end insert— ‘( ) The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.’. Secretary Alan Johnson 136 Page 44, line 10 [Schedule 2], at end insert— ‘(e) section 42 of the Armed Forces Act 2006.’. Secretary Alan Johnson 137 Page 44, line 10 [Schedule 2], at end insert— ‘(2A) For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore— (a) any offence committed before he attained the age of 18; (b) any order or direction made before that time.’. Secretary Alan Johnson 138 Page 44, line 20 [Schedule 2], at end insert— ‘() For the purposes of sub-paragraph (2A) an offence committed over a period of time must be treated as committed on the last day of the period.’. Secretary Alan Johnson 139 Page 44, line 25 [Schedule 2], at end insert— ‘ A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 20(1)(a), or which makes an order of a description specified for the purposes of paragraph 20(1)(b), must inform the person at the time he is convicted or the order is made that IBB will include him in the barred list concerned.’. Secretary Alan Johnson 140 Page 44, line 33 [Schedule 3], at end insert ‘or the period condition is satisfied’. Secretary Alan Johnson 141 Page 44, line 34 [Schedule 3], leave out sub-paragraph (2). Secretary Alan Johnson 142 Page 44, line 38 [Schedule 3], at end insert ‘or the period condition is satisfied’. Secretary Alan Johnson 143 Page 45, line 1 [Schedule 3], leave out ‘the activity’ and insert— ‘( ) it is carried out by a person while engaging in any form of work (whether or not for gain), ( ) it’. Secretary Alan Johnson 144 Page 45, line 22 [Schedule 3], at end insert— ‘(5C) It is a regulated activity relating to children to foster a child (as mentioned in section (Fostering)).’. Secretary Alan Johnson 145 Page 46, line 20 [Schedule 3], leave out ‘, (2)’. Secretary Alan Johnson 146 Page 46, line 23 [Schedule 3], leave out ‘and (2)’. Secretary Alan Johnson 147 Page 46, line 35 [Schedule 3], at end insert— ‘( ) driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.’. Secretary Alan Johnson 148 Page 47, line 9 [Schedule 3], at end insert— ‘( ) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has— (a) access to the content of the matter; (b) contact with users of the service.’. Secretary Alan Johnson 149 Page 47, line 14 [Schedule 3], leave out ‘(2),’. Secretary Alan Johnson 150 Page 47, line 36 [Schedule 3], leave out ‘childminding or’. Secretary Alan Johnson 151 Page 48, line 16 [Schedule 3], leave out ‘or chief executive’ and insert ‘, chief executive or member of staff’. Secretary Alan Johnson 152 Page 49, line 11 [Schedule 3], at end insert— ‘Exceptions The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.’. Secretary Alan Johnson 153 Page 49, line 15 [Schedule 3], at end insert ‘or the period condition is satisfied’. Secretary Alan Johnson 154 Page 49, line 23 [Schedule 3], at end insert— ‘( ) driving a vehicle which is being used only for the purpose of conveying vulnerable adults and any person caring for the vulnerable adults pursuant to arrangements made in prescribed circumstances;’. Secretary Alan Johnson 155 Page 49, line 32 [Schedule 3], at end insert— ‘( ) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (2)(b) or (c) unless he has— (a) access to the content of the matter; (b) contact with users of the service.’. Secretary Alan Johnson 156 Page 49, line 33 [Schedule 3], leave out sub-paragraph (3). Secretary Alan Johnson 157 Page 49, line 40 [Schedule 3], at end insert ‘or the period condition is satisfied’. Secretary Alan Johnson 158 Page 49, line 40 [Schedule 3], at end insert— ‘( ) it is carried out by a person while engaging in any form of work (whether or not for gain),’. Secretary Alan Johnson 159 Page 50, line 3 [Schedule 3], leave out ‘, (3)’. Secretary Alan Johnson 160 Page 50, line 5 [Schedule 3], after ‘the’ insert ‘inspection’. Secretary Alan Johnson 161 Page 50, line 9 [Schedule 3], leave out from beginning to ‘is’ in line 10. Secretary Alan Johnson 162 Page 50 [Schedule 3], leave out line 12 and insert— ‘(7) Inspection functions are functions relating to the inspection of—’. Secretary Alan Johnson 163 Page 50, line 12 [Schedule 3], at end insert— ‘( ) a local authority (within the meaning
of section 1 of the Secretary Alan Johnson 164 Page 50, line 19 [Schedule 3], at end insert ‘or ( ) any person, other than a local authority, providing English local authority social services or Welsh local authority social services within the meaning of that section,’. Secretary Alan Johnson 165 Page 50 [Schedule 3], leave out line 20 and insert— ‘in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.’. Secretary Alan Johnson 166 Page 50, line 24 [Schedule 3], leave out sub-paragraphs (9) and (10) and insert— ‘(9) The exercise of a function of a person mentioned in paragraph 6A(1) is a regulated activity relating to vulnerable adults.’. Secretary Alan Johnson 167 Page 50, line 33 [Schedule 3], at end insert— ‘6A (1) The persons referred to in paragraph 6(9) are— (a) member of a relevant local government body; (b) director of adult social services of a local authority in England; (c) director of social services of a local authority in Wales; (d) Commissioner for older people in Wales or deputy Commissioner for older people in Wales; (e) charity trustee of vulnerable adults’ charity; (f) member or chief executive or member of staff of IBB. (2) For the purposes of sub-paragraph (1)(a), a person is a member of a relevant local government body if— (a) he is a member of a local authority and discharges any social services functions of a local authority which relate wholly or mainly to vulnerable adults; (b) he is a member of an executive of a local authority which discharges any such functions; (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 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 vulnerable adults’ charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to vulnerable adults. (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. (6) In this paragraph— “area committee” has the same meaning as in
section 18 of the “charity” and “charity trustee”
have the same meanings as in the “executive”, in relation to a local authority,
has the same meaning as in Part 2 of the “local authority” has the same meaning as in
the “social services functions”, in relation to
a local authority, has the same meaning as in the (7) In relation to a local authority— (a) which is a children’s services authority (within the meaning of the Children Act 2004), and (b) which has not appointed a director of children’s services under section 18 of that Act, in sub-paragraph (1)(b) above the word “adult” must be ignored.’. Secretary Alan Johnson 168 Page 50, line 33 [Schedule 3], at end insert— ‘The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.’. Secretary Alan Johnson 169 Page 50, line 33 [Schedule 3], at end insert— ‘Part 3 The period condition (1) The period condition is satisfied if the person carrying out the activity does so at any time on more than two days in any period of 30 days. (2) In relation to an activity that falls within paragraph 2(1)(a), (b), (c) or (d) or 6(1)(a), (b), (c), (d) or (f), the period condition is also satisfied if— (a) the person carrying out the activity does so at any time between 2 a.m. and 6 a.m, and (b) the activity gives the person the opportunity to have face-to-face contact with children or vulnerable adults (as the case may be).’. Secretary Alan Johnson 170 Page 50, line 36 [Schedule 4], leave out paragraphs 1 and 2 and insert— ‘1 This is the table referred to in sections (provision of vetting information) and (notification of cessation of monitoring)—
1A The Secretary of State may by order amend any of entries 1 to 17 in column 1 of the table.’ Secretary Alan Johnson 171 Page 53, line 3 [Schedule 4], leave out ‘entry 1’ and insert ‘entries 1 and 5’. Secretary Alan Johnson 172 Page 53, line 5 [Schedule 4], leave out ‘A is considering whether to permit B to engage in’. Secretary Alan Johnson 173 Page 53, line 8 [Schedule 4], leave out ‘and 6’ and insert ‘, 6, 9 and 12’ Secretary Alan Johnson 174 Page 53, line 15 [Schedule 4], leave out paragraphs 4 to 8. Secretary Alan Johnson 175 Page 54, line 7 [Schedule 4], at end insert— ‘ Parental responsibility has the same meaning
as in the Secretary Alan Johnson 176 Page 54, line 7 [Schedule 4], at end insert— ‘ A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.’. Secretary Alan Johnson 177 Page 54, line 10 [Schedule 4], leave out ‘care or support (which may include accommodation)’ and insert ‘accommodation, in the home in which the individual ordinarily resides,’. Secretary Alan Johnson 178 Page 54, line 15 [Schedule 5], at end insert— ‘Part 1 Existing lists Children Act 1989 (c. 41) 1 (1) In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert— “(ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);”. Teaching and Higher Education Act 1998 (c. 30) 2 The Teaching and Higher Education Act 1998 is amended as follows. 3 Section 2(4) (advisory functions of General Teaching Council) is omitted. 4 In section 3(3) (eligibility for registration), after paragraph (a) insert— “(aa) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006),”. 5 (1) Section 15 (supply of information following dismissal etc) is amended as follows. (2) In subsection (1)— (a) in paragraph (a) for “a person’s services on a ground mentioned in section 142 of the Education Act 2002” substitute “the services of a registered teacher on a ground mentioned in subsection (1A)”; (b) in paragraph (b)— (3) After subsection (1) insert— “(1A) The grounds are— (a) misconduct; (b) professional incompetence; (c) conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.” (4) In subsection (2)— (a) for “a person” substitute “a teacher”; (b) for the words from “such of the following” to the end substitute “the Council”. (5) In subsection (3)— (a) for “a person” substitute “a teacher”; (b) for the words from “such of the following” to the end substitute “the General Teaching Council for Wales”. (6) Omit subsection (4). (7) In subsection (5) for the definition of “relevant employer” substitute— ““relevant employer” means— (a) a local education authority; (b) a person exercising a function relating to the provision of education on behalf of a local education authority; (c) the proprietor of a school; (d) the governing body of a further education institution; “education” includes vocational, social, physical and recreational training; “proprietor” and “school” have the meanings given in the Education Act 1996; “further education institution” has the meaning given in section 140 of the Education Act 2002;”. 6 (1) Section 15A (supply of information by contractor, agency, etc) is amended as follows. (2) In subsection (1) for “another person (the “worker”)” substitute “a registered teacher (the “teacher”)”. (3) In subsection (2)— (a) in paragraph (a) for “section 142 of the Education Act 2002” substitute “section 15(1A)”; (b) in paragraph (b) for “section” substitute “subsection”; (c) in paragraph (c)— (4) In subsection (3)— (a) for “worker” substitute “teacher”; (b) for the words from “such of the following” to the end substitute “the Council”. (5) In subsection (4)— (a) for “worker” substitute “teacher”; (b) for the words from “such of the following” to the end substitute “the General Teaching Council for Wales”. (6) In subsection (9)— (a) for “Subsections (4) and” substitute “Subsection”; (b) for “they apply” substitute “it applies”. 7 In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from “of the powers exercisable” to the end substitute “of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006”. 8 (1) The Protection of Children Act 1999 is amended as follows. (2) Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted. (3) In section 9 (the Tribunal)— (a) in subsection (1), omit the words from “which shall exercise” to the end; (b) in subsection (2)— (c) omit subsection (3A). (4) In section 12 (interpretation)— (a) in subsection (1), omit all the definitions except the definition of “prescribed”; (b) omit subsections (2) to (3A). 9 Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted. Childcare Act 2006 10 (1) In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert— “(ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);”. Part 2 Other amendments’. |
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| © Parliamentary copyright 2006 | Prepared: 18 October 2006 |