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

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Secretary Alan Johnson

NS4

 

    To move the following Schedule:—

‘Transitional provisions

    Advice by IBB

5 IBB must provide the Secretary of State with such advice as he requests in connection with—

      (a) any decision in relation to the inclusion of a person in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);

      (b) any decision in relation to the inclusion of a person in the list kept under section 81 of the Care Standards Act 2000 (c. 14);

      (c) any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person.

    Existing restrictions relating to children

    6 (1) This paragraph applies to a person who is—

      (a) included in the list kept under section 1 of the Protection of Children Act 1999 (individuals considered unsuitable to work with children);

      (b) disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000;

      (c) subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching etc).

    (2) The Secretary of State may, by order, make such provision as he thinks appropriate—

      (a) requiring IBB to include the person in the children’s barred list;

      (b) requiring IBB to consider including the person in the children’s barred list;

      (c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made;

      (d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;

      (e) modifying anything done under paragraph 13 or in paragraphs 14 to 19 of Schedule 2 in connection with IBB’s consideration of any matter relating to the person.

    (3) An order under this paragraph may contain provision—

      (a) enabling the General Teaching Council for England to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998;

      (b) enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998;

      (c) for the Secretary of State to prescribe the procedure in relation to an application as mentioned in paragraph (a);

      (d) for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b).

    Existing restrictions relating to vulnerable adults

    7 (1) This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (individuals considered unsuitable to work with certain adults).

    (2) The Secretary of State may, by order, make such provision as he thinks appropriate—

      (a) requiring IBB to include the person in the adults’ barred list;

      (b) requiring IBB to consider including the person in the adults’ barred list;

      (c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made;

      (d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;

      (e) modifying anything done under paragraph 13 or in paragraphs 14 to 19 of Schedule 2 in connection with IBB’s consideration of any matter relating to the person.

    Existing restrictions: supplementary

8 An order under paragraph 2 or 3 may—

      (a) modify any criminal offence created by this Act;

      (b) create any new criminal offence,

but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.

    Modifications relating to monitoring

    9 (1) The Secretary of State may by order provide that in relation to permission to engage in regulated activity having effect during the transitional period, references in section 11(1) and (1A) to ascertaining whether B is subject to monitoring in relation to an activity have effect as references to ascertaining whether B is barred from that activity.

    (2) The transitional period is the period—

      (a) beginning with the commencement of section 2, and

      (b) ending with the commencement of section 21.’.

Secretary Alan Johnson

240

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)—

Column 1 Column 2
1. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to children Children
2. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adults Vulnerable adults
3. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to children Children
4. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to vulnerable adults Vulnerable adults
5. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to children Children
6. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adults Vulnerable adults
7. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to children Children
8. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to vulnerable adults Vulnerable adults
9. Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity provider Children
10. Parent who is considering whether B should be a private foster parent (within the meaning of section (Fostering)) in relation to his child Children
11. Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fostered Children
12. Local authority (within the meaning of the Children Act 1989) in the exercise of functions under section 67 of that Act considering whether B is suitable — (a) to foster a child privately (within the meaning of that Act); (b) to live in premises in which a child is so fostered. Children
13. Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity provider Vulnerable adults
14. Person who carries on an adult placement scheme and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme Vulnerable adults
15. Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a child Children
16. Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adults Vulnerable adults
17. Appropriate officer (within the meaning of section 12) who is required to obtain relevant information relating to B Children
18. Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to section 5(1) or 34(1) of the Learning and Skills Act 2000 (c. 21), if engaging in the activity gives B the opportunity to have contact with children Children
19. Person of a prescribed description who is performing a prescribed function in connection with B in such circumstances as are prescribed (a) Children (if prescribed for the purposes of this entry);                     (b) vulnerable adults (if prescribed for the purposes of this entry)

1A The Secretary of State may by order amend any of entries 1 to 18 in column 1 of the table.’

Secretary Alan Johnson

241

Page 53, line 8 [Schedule 4], leave out ‘and 6’ and insert ‘, 6, 9 and 13’.

Judy Mallaber
Margaret Moran
Roger Berry

242

Page 46, line 35 [Schedule 3], at end insert—

        ‘(f) providing information on the past or present whereabouts of any legal minor where that information is derived from any electronic communications network within the meaning of section 32 of the Communications Act 2003 (c. 21).’.


 
 
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