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Notices of Amendments given up to and including Thursday 19th October 2006 Consideration of Bill Safeguarding Vulnerable Groups Bill [Lords], As Amended New Clauses Fostering Secretary Alan Johnson NC1 To move the following Clause:— ‘(1) Despite section 43, this Act applies to activity that is regulated activity by virtue of paragraph 1(5C) of Schedule 3. (2) Subsection (1) does not affect the operation of this Act in relation to any other activity that is carried out in connection with a foster child. (3) Subsection (4) applies if a person (P)— (a) makes arrangements for another person to foster a child as a private foster parent, and (b) has power to terminate the arrangements. (4) P is, if he would not otherwise be, a regulated activity provider in relation to fostering carried out by the foster parent in pursuance of the arrangements. (5) The following provisions of this section apply for the purposes of this Act. (6) A person fosters a child if he is a foster parent of the child. (7) A person is a foster parent if— (a) he is a local authority foster parent within the meaning of section 23(3) of the Children Act 1989; (b) he is a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act; (c) he is a private foster parent. (8) A person is a private foster parent if he falls within subsection (9) and looks after a child— (a) for reward, or (b) in pursuance of an arrangement made by someone other than a member of the child’s family. (9) A person falls within this subsection if— (a) he fosters the child privately within the meaning of section 66(1) of the Children Act 1989, (b) he would be so fostering the child but for subsection (2) of that section (minimum period of 28 days), or (c) (in the case of a child who has attained the age of 16) he would fall within paragraph (a) or (b) if the child were under the age of 16. (10) A person’s family includes— (a) the person’s foster child; (b) the foster child of any member of the person’s family; and references to a family relationship and family member are to be construed accordingly.’. Monitoring: fees Secretary Alan Johnson NC2 To move the following Clause:— ‘(1) This section has effect in respect of fees which may be prescribed in relation to applications for monitoring under section 21. (2) In setting a fee for an application made during the period of five years beginning with the commencement of that section, the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him before the end of that period (taking one financial year with another)— (a) in connection with the operation of IBB (including payments under paragraph 10A of Schedule 1); (b) in respect of any other expenditure of the Secretary of State in connection with his functions under this Act. (3) In setting a fee for an application made after that period, the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him— (a) in making payments under paragraph 10A of Schedule 1; (b) in respect of any other expenditure of the Secretary of State in connection with his functions under this Act. (4) For the purposes of subsection (2), it is immaterial that any expenditure is incurred before the commencement of section 21. (5) The power to prescribe fees is exercisable only with the consent of the Treasury. (6) Fees received by the Secretary of State by virtue of section 21(1)(d) must be paid into the Consolidated Fund.’. Provision of vetting information Secretary Alan Johnson NC3 To move the following Clause:— ‘(1) The Secretary of State must provide a person (A) with the information mentioned in subsection (4) in relation to another (B) if— (a) A makes an application for the information, (b) the application contains the appropriate declaration, and (c) the Secretary of State has no reason to believe that the declaration is false. (2) The appropriate declaration is a declaration by A— (a) that he falls within column 1 of a specified entry, and (b) that B has consented to the provision of the information to A. (3) In this section references to a specified entry are to an entry in the table in Schedule 4 specified by A in his declaration. (4) The information is— (a) if column 2 of the specified entry refers to children, relevant information relating to children, and (b) if column 2 of the specified entry refers to vulnerable adults, relevant information relating to vulnerable adults. (5) Paragraph (b) of subsection (2) does not apply if the specified entry is 17. (6) If B consents to the provision of information to A in relation to an application under this section, the consent also has effect in relation to any subsequent such application by A. (7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application). (8) The Secretary of State may by regulations make provision
requiring a local authority which makes or proposes to make payments
to or on behalf of a person in accordance with regulations under section
17A of the Meaning of relevant information in section (provision of vetting information) Secretary Alan Johnson NC4 To move the following Clause:— ‘(1) This section has effect for the purposes of section (provision of vetting information). (2) Relevant information relating to children is— (a) whether B is subject to monitoring in relation to regulated activity relating to children, and (b) if so, whether he is undergoing assessment. (3) Relevant information relating to vulnerable adults is— (a) whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and (b) if so, whether he is undergoing assessment. (4) B is undergoing assessment if— (a) the Secretary of State is required to notify B as mentioned in section 21(3A) in connection with B’s monitoring application but has not yet done so; (b) B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section; (c) in relation to subsection (2)(b), IBB is considering whether to include B in the children’s barred list in pursuance of paragraph 3 or 5 of Schedule 2; (d) in relation to subsection (3)(b), IBB is considering whether to include B in the adults’ barred list in pursuance of paragraph 8 or 10 of that Schedule. (5) In subsection (4)(b) “simultaneous application” means an application made simultaneously with B’s monitoring application under section 21. (6) The Secretary of State may by order amend the preceding provisions of this section for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).’. Notification of cessation of monitoring Secretary Alan Johnson NC5 To move the following Clause:— ‘(1) The Secretary of State must establish and maintain a register for the purposes of this section. (2) The Secretary of State must register a person (A) in relation to another (B) if— (a) A makes an application to be registered in relation to B, (b) the application contains the appropriate declaration, (c) the Secretary of State has no reason to believe that the declaration is false, and (d) B is subject to monitoring in relation to the regulated activity to which the application relates. (3) The appropriate declaration is a declaration by A— (a) that he falls within column 1 of a specified entry, and (b) that B has consented to the application. (4) In this section references to a specified entry are to an entry in the table in Schedule 4 specified by A in his declaration. (5) A’s application and registration relate— (a) if column 2 of the specified entry refers to children, to regulated activity relating to children; (b) if column 2 of the specified entry refers to vulnerable adults, to regulated activity relating to vulnerable adults. (6) The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A’s registration relates. (7) The requirement under subsection (6) is satisfied if notification is sent to any address recorded against A’s name in the register. (8) Paragraph (b) of subsection (3) does not apply if the specified entry is 17. (9) If B consents to the provision of information to A under section (provision of vetting information) the consent also has effect as consent to any application by A to be registered in relation to B under this section. (10) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).’. Cessation of registration Secretary Alan Johnson NC6 To move the following Clause:— ‘(1) In this section references to registration are to registration in the register maintained for the purposes of section (notification of cessation of monitoring). (2) Once a person is notified as mentioned in subsection (6) of that section, his registration ceases. (3) The Secretary of State may cancel a person’s registration in such circumstances as are prescribed. (4) The Secretary of State must cancel a person’s registration— (a) if the person applies for it to be cancelled; (b) in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled. (5) When a person’s registration is cancelled under subsection (3) or (4)(b), the Secretary of State must notify him of that fact. (6) The requirement under subsection (5) is satisfied if notification is sent to any address recorded against P’s name in the register.’. Declarations under sections (provision of vetting information) and (notification of cessation of monitoring) Secretary Alan Johnson NC7 To move the following Clause:— ‘(1) An individual commits an offence if, in an application made for the purposes of section (provision of vetting information) or (notification of cessation of monitoring)— (a) he makes a false declaration, and (b) he either knows that it is false or is reckless as to whether it is false. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.’. Registers: power to apply for vetting information Secretary Alan Johnson NC8 To move the following Clause:— ‘(1) If the keeper of a relevant register applies to the Secretary of State for information within subsection (2) in relation to a person (B), the Secretary of State must provide the keeper of the register with that information. (2) The information within this subsection is— (a) whether B is barred from regulated activity relating to children or vulnerable adults, (b) whether IBB is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or 8 or 10 of Schedule 2, (c) whether B is subject to monitoring in relation to regulated activity relating to children or vulnerable adults, (d) if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in section 21(3A), whether the Secretary of State has yet done so, and (e) if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section. (3) The keeper of a relevant register may apply for information under this section in relation to a person only if— (a) the person appears in the register, or (b) the person is being considered for inclusion in the register. (4) In this section— (a) a relevant register is a register appearing in column 1 of entry 1 or 8 of the table in section 33(8), and (b) in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table. (5) In subsection (2)(e) “simultaneous application” means an application made simultaneously with B’s monitoring application under section 21. (6) The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2). (7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section.’. Supervisory authorities: power to apply for vetting information Secretary Alan Johnson NC9 To move the following Clause:— ‘(1) If a supervisory authority applies to the Secretary of State for information within subsection (2) or (3) relating to a person (B), the Secretary of State must provide the supervisory authority with that information. (2) The information within this subsection is— (a) whether B is barred from regulated activity relating to children, (b) whether IBB is considering whether to include B in the children’s barred list in pursuance of paragraph 3 or 5 of Schedule 2, (c) whether B is subject to monitoring in relation to regulated activity relating to children, (d) if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in section 21(3A) in connection with his monitoring application, whether the Secretary of State has yet done so, and (e) if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section. (3) The information within this subsection is— (a) whether B is barred from regulated activity relating to vulnerable adults, (b) whether IBB is considering whether to include B in the adults’ barred list in pursuance of paragraph 8 or 10 of Schedule 2, (c) whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, (d) if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in section 21(3A) in connection with his monitoring application, whether the Secretary of State has yet done so, and (e) if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section. (4) A supervisory authority may apply for information under this section only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in section 36(7). (5) In subsections (2)(e) and (3)(e), “simultaneous application” means an application made simultaneously with B’s monitoring application under section 21. (6) The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2) or (3). (7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section.’. Supervisory authorities: notification of barring &c. in respect of children Secretary Alan Johnson NC10 To move the following Clause:— ‘(1) This section applies if— (a) a person is newly included in the children’s barred list, (b) the Secretary of State becomes aware that a person is subject to a relevant children’s disqualification, or (c) having been subject to monitoring in relation to regulated activity relating to children, a person ceases to be so subject by virtue of section 22. (2) The Secretary of State must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1). (3) A supervisory authority is an interested supervisory authority only if— (a) it has applied to the Secretary of State to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and (b) the application has not been withdrawn. (4) A supervisory authority may apply to the Secretary of State under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 36(7). (5) For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies the Secretary of State that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person. (6) A person is subject to a relevant children’s disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children’s barred list. (7) The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section. (8) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section.’. Supervisory authorities: notification of barring &c. in respect of vulnerable adults Secretary Alan Johnson NC11 To move the following Clause:— ‘(1) This section applies if— (a) a person is newly included in the adults’ barred list, (b) the Secretary of State becomes aware that a person is subject to a relevant adults’ disqualification, or (c) having been subject to monitoring in relation to regulated activity relating to vulnerable adults, a person ceases to be so subject by virtue of section 22. (2) The Secretary of State must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1). (3) A supervisory authority is an interested supervisory authority only if— (a) it has applied to the Secretary of State to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and (b) the application has not been withdrawn. (4) A supervisory authority may apply to the Secretary of State under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 36(7). (5) For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies the Secretary of State that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person. (6) A person is subject to a relevant adults’ disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults’ barred list. (7) The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section. (8) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section.’. |
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| © Parliamentary copyright 2006 | Prepared: 20 October 2006 |