| Safeguarding Vulnerable Groups Bill [Lords], As Amended - continued | House of Commons |
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Transitional provision Secretary Alan Johnson NC23 To move the following Clause:— ‘Schedule (Transitional provisions) has effect.’. Secretary Alan Johnson 206 Page 3, line 13 [Clause 5], after ‘Schedule’ insert ‘, or any of the modifications of that Schedule in the provisions mentioned in subsection (4),’. Secretary Alan Johnson 207 Page 3, line 16 [Clause 5], at end insert— ‘(4) The provisions are— section 7(4); section 9(5); section 10(2A); section (Offences: other persons)(8); paragraph 5 of Schedule (employment businesses: failure to check).’. Secretary Alan Johnson 208 Page 3, line 22 [Clause 6], leave out ‘has responsibility’ and insert ‘is responsible’. Secretary Alan Johnson 209 Page 3, line 23 [Clause 6], after ‘activity’ insert— ‘( ) if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes,’. Secretary Alan Johnson 210 Page 3, line 24 [Clause 6], after ‘makes’ insert ‘, or authorises the making of,’. Secretary Alan Johnson 211 Page 5, line 36 [Clause 9], leave out ‘regulated activity provider’ and insert ‘person’. Secretary Alan Johnson 212 Page 5, line 38 [Clause 9], leave out ‘and’. Secretary Alan Johnson 213 Page 5, line 39 [Clause 9], at end insert ‘, and ( ) B engages in the activity.’. Secretary Alan Johnson 214 Page 6, line 2 [Clause 9], leave out subsection (3). Secretary Alan Johnson 215 Page 6, line 15 [Clause 10], leave out ‘and’. Secretary Alan Johnson 216 Page 6, line 17 [Clause 10], at end insert ‘, and ( ) B engages in the activity.’. Secretary Alan Johnson 217 Page 7, line 8 [Clause 10], at end insert— ‘(10) A person is not guilty of an offence by virtue of subsection (2) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of that section. (11) Subsection (10) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.’. Secretary Alan Johnson 218 Page 7, line 10 [Clause 11], after ‘if’ insert ‘— (a) ’. Secretary Alan Johnson 219 Page 7, line 11 [Clause 11], leave out ‘without making an appropriate check’ and insert— ‘(b) B engages in the activity, and (c) he fails to ascertain whether B is subject to monitoring in relation to the activity.’. Secretary Alan Johnson 220 Page 7, line 11 [Clause 11], at end insert— ‘(1A) A regulated activity provider ascertains whether B is subject to monitoring only if— (a) he obtains an appropriate verification in accordance with Part 1 of Schedule (appropriate verification) and neither of Parts 2 and 3 of that Schedule is prescribed in relation to him, (b) he obtains an appropriate verification in accordance with Part 2 of that Schedule and that Part is prescribed in relation to him, or (c) he obtains an appropriate verification in accordance with Part 3 of that Schedule and that Part is prescribed in relation to him.’. Secretary Alan Johnson 221 Page 7, line 12 [Clause 11], leave out subsection (2). Secretary Alan Johnson 222 Page 7, line 14 [Clause 11], leave out subsection (3). Secretary Alan Johnson 223 Page 7, line 25 [Clause 11], leave out subsections (7) and (8). Secretary Alan Johnson 224 Page 7, line 42 [Clause 11], at end insert— ‘(10A) A person commits an offence if— (a) he provides written confirmation under Schedule (appropriate verification) that is false in any material respect, and (b) he either knows that it is false or is reckless as to whether it is false. (10B) A person guilty of an offence under subsection (1) or (10A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.’. Secretary Alan Johnson 225 Page 7, line 43 [Clause 11], leave out subsections (11) to (15). Secretary Alan Johnson 226 Page 8, line 22 [Clause 12], after ‘officer’ insert ‘(P)’. Secretary Alan Johnson 227 Page 8, line 23 [Clause 12], leave out ‘obtain relevant information (within the meaning of Schedule 4)’ and insert ‘make a check in accordance with section (sections 12 and (office holders: offences): checks)’. Secretary Alan Johnson 228 Page 8, line 37 [Clause 13], leave out Clause 13. Secretary Alan Johnson 229 Page 11, line 10 [Clause 16], leave out ‘or 11’ and insert ‘11, (controlled activity: regulations), (prohibition of requirement to produce certain records) or 30 or Schedule (Employment business: failure to check)’. Secretary Alan Johnson 230 Page 11, line 16 [Clause 16], leave out ‘or 11’ and insert ‘11, (controlled activity: regulations), (prohibition of requirement to produce certain records) or 30 or Schedule (Employment business: failure to check)’. Secretary Alan Johnson 231 Page 11, line 24, leave out Clause 17. Secretary Alan Johnson 232 Page 13, line 44, leave out Clause 20. Secretary Alan Johnson 233 Page 18, line 25 [Clause 27], leave out ‘person having any responsibility for the management or control of controlled activity’ and insert ‘responsible person (within the meaning of section (Controlled activity: regulations))’. Secretary Alan Johnson 234 Page 20, line 22 [Clause 29], leave out ‘person having any responsibility for the management or control of controlled activity’ and insert ‘responsible person (within the meaning of section (Controlled activity: regulations))’. Secretary Alan Johnson 235 Page 23 [Clause 35], leave out line 38 and insert— ‘( ) But, in that subsection, relevant information does not include— (a) information that any of the events mentioned in subsection (1)(a) and (b) has occurred in relation to the person; (b) the information mentioned in subsection (2)(b); (c) information falling within paragraph 17(5) of Schedule 2.’. Secretary Alan Johnson 236 Page 27, line 6, leave out Clause 39. Secretary Alan Johnson 237 Page 27, line 26, leave out Clause 40. Secretary Alan Johnson 238 Page 31, line 32 [Clause 46], at end insert— ‘( ) in regulations under section (Controlled activity: regulations),’. Secretary Alan Johnson 239 Page 44, line 24 [Schedule 2], leave out ‘or cautions relating to offences committed’ and insert ‘made, or cautions given,’. Secretary Alan Johnson NS2 To move the following Schedule:— ‘SCHEDULE Offences 1 (1) A person (P) who carries on an employment business commits an offence if— (a) he supplies an individual (B) to another person in the course of that business, (b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and (c) he is not appropriately registered in relation to B. (2) P is appropriately registered in relation to B if— (a) he is registered in relation to B under section (notification of cessation of monitoring), (b) his registration relates to monitoring in relation to the activity, and (c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration. (3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 2 (1) In such circumstances as are prescribed, a person (P) who carries on an employment business commits an offence if— (a) he supplies an individual (B) to another person in the course of that business, (b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and (c) he fails to obtain a copy of an enhanced criminal record certificate relating to B issued in relation to P during the prescribed period. (2) For these purposes “enhanced criminal record certificate” means— (a) in relation to regulated activity relating to children, an enhanced criminal record certificate issued under the Police Act 1997 containing suitability information relating to children (within the meaning of section 113BA of that Act); (b) in relation to regulated activity relating to vulnerable adults, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act). (3) An enhanced criminal record certificate is issued in relation to P 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 Act, or (b) the application was countersigned on his behalf by such a person. (4) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Defences 3 (1) P does not commit an offence under paragraph 1 or 2 if the regulated activity— (a) is regulated activity relating to vulnerable adults, and (b) falls within section 14. (2) P does not commit an offence under paragraph 1 or 2 in relation to any period during which he is continuously supplied to another if the period begins before the commencement of this Schedule. (3) Sub-paragraph (2) does not apply in relation to a period falling after such date as the Secretary of State specifies by order. Modified meaning of regulated activity 4 For the purposes of this Schedule, 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. Power to amend paragraph 2(1)(c) 5 The Secretary of State may by order amend paragraph 2(1)(c) for the purpose of requiring an employment business to carry out such checks in relation to B as may be specified. Offence: acting for P etc 6 If the commission of an offence under paragraph 1 or 2 is due to the act or reckless default of a person who acts for or appears to act for P— (a) that person is guilty of the offence, and (b) he may be proceeded against and punished whether or not proceedings are also taken against P.’. Secretary Alan Johnson NS3 To move the following Schedule:— ‘SCHEDULE Part 1 Default position 1 (1) A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period— (a) he obtains relevant information relating to B in pursuance of an application under section (provision of vetting information), or (b) he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider. (2) “Relevant information” means— (a) in relation to regulated activity relating to children, relevant information relating to children (within the meaning of section (meaning of relevant information in section (provision of vetting information)); (b) in relation to regulated activity relating to vulnerable adults, relevant information relating to vulnerable adults (within the meaning of section (meaning of relevant information in section (provision of vetting information)). 2 (1) A regulated activity provider obtains an appropriate verification in accordance with this Part if— (a) an enhanced criminal record certificate relating to B is issued during the prescribed period, (b) the application for the certificate is countersigned on behalf of the regulated activity provider by a registered person (within the meaning of Part 5 of the Police Act 1997), and (c) the regulated activity provider obtains from the registered person the information mentioned in sub-paragraph (2) derived from the certificate. (2) The information is— (a) whether B is subject to monitoring, and (b) whether the Independent Barring Board is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 8 or 10 of Schedule 2. 3 (1) This paragraph applies if— (a) a regulated activity provider permits B to engage in an activity that is regulated activity, (b) B engages in the activity with the permission of that and another regulated activity provider (C), and (c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period. (2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from C— (a) that C is appropriately registered in relation to B, (b) that C has no reason to believe that B is barred from the activity, and (c) that C has no reason to believe that B is not subject to monitoring in relation to the activity. 4 (1) This paragraph applies if— (a) a regulated activity provider permits B to engage in regulated activity, (b) B is supplied by a personnel supplier, and (c) the permission does not have continuous effect for a period exceeding the prescribed period. (2) The regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from the personnel supplier— (a) that the personnel supplier is appropriately registered in relation to B, (b) that the personnel supplier has no reason to believe that B is barred from the activity, and (c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity. Part 2 Prescribed verification 1 A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period— (a) he ascertains in the prescribed manner whether B is subject to monitoring in relation to the activity, and (b) he takes prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to him. 2 (1) This paragraph applies if— (a) a regulated activity provider permits B to engage in an activity that is regulated activity, (b) B engages in the activity with the permission of that and another regulated activity provider (C), and (c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period. (2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C— (a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period. (3) The confirmation is written confirmation— (a) that C is appropriately registered in relation to B, (b) that C has no reason to believe that B is barred from the activity, (c) that C has no reason to believe that B is not subject to monitoring in relation to the activity, and (d) that no information has been disclosed to C
in pursuance of section 113B(6)(b) of the 3 (1) This paragraph applies if— (a) a regulated activity provider permits B to engage in regulated activity, (b) B is supplied by a personnel supplier, and (c) the permission does not have continuous effect for a period exceeding the prescribed period. (2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier— (a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period. (3) The confirmation is written confirmation— (a) that the personnel supplier is appropriately registered in relation to B, (b) that the personnel supplier has no reason to believe that B is barred from the activity, (c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and (d) that no information has been disclosed to the
personnel supplier in pursuance of section 113B(6)(b) of the Part 3 Prescribed verification 1 A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider. 2 (1) This paragraph applies if— (a) a regulated activity provider permits B to engage in an activity that is regulated activity, (b) B engages in the activity with the permission of that and another regulated activity provider (C), and (c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period. (2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C— (a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period. (3) The confirmation is written confirmation— (a) that C is appropriately registered in relation to B, (b) that C has no reason to believe that B is barred from the activity, (c) that C has no reason to believe that B is not subject to monitoring in relation to the activity, and (d) that no information has been disclosed to C
in pursuance of section 113B(6)(b) of the 3 (1) This paragraph applies if— (a) a regulated activity provider permits B to engage in regulated activity, (b) B is supplied by a personnel supplier, and (c) the permission does not have continuous effect for a period exceeding the prescribed period. (2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier— (a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period. (3) The confirmation is written confirmation— (a) that the personnel supplier is appropriately registered in relation to B, (b) that the personnel supplier has no reason to believe that B is barred from the activity, (c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and (d) that no information has been disclosed to the
personnel supplier in pursuance of section 113B(6)(b) of the Part 4 Definitions and power to amend 1 In this Schedule “enhanced criminal record certificate” means— (a) in relation to regulated activity relating to children, an enhanced criminal record certificate issued under the Police Act 1997 containing suitability information relating to children (within the meaning of section 113BA of that Act); (b) in relation to regulated activity relating to vulnerable adults, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act). 2 For the purposes of this Schedule an enhanced criminal record certificate is issued in relation to a regulated activity provider, or personnel supplier, only if— (a) he countersigned the application for the certificate
as a registered person for the purposes of Part 5 of the (b) the application was countersigned on his behalf by such a person. 3 For the purposes of this Schedule a regulated activity provider, or personnel supplier, is “appropriately registered” in relation to B if— (a) he is registered in relation to B under section (notification of cessation of monitoring), (b) his registration relates to monitoring in relation to the activity that he has permitted or supplied B to engage in, and (c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration. 4 The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.’. |
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| © Parliamentary copyright 2006 | Prepared: 19 October 2006 |