| Safeguarding Vulnerable Groups Bill [Lords], As Amended - continued | House of Commons |
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Prohibition of requirement to produce certain records Secretary Alan Johnson NC12 To move the following Clause:— ‘(1) A person (P) must not, in connection with— (a) the recruitment of another person as an employee, or (b) the continued employment of another person, require that other person or a third party to supply him with a relevant record. (2) A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record. (3) Subsection (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 6(1) of Schedule 3 and the activity is for, or for the benefit, of— (a) P himself; (b) a child, or vulnerable adult, who is a member of P’s family; (c) a child, or vulnerable adult, who is a friend of P. (4) “Family” and “friend” must be construed in accordance with section 43. (5) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (6) A relevant record is the record of information provided by the Secretary of State under section 21(3A). (7) An employee is an individual who— (a) works under a contract of employment, as defined by
section 230(2) of the (b) provides any service under a contract for services, or (c) holds any office, whether or not he is entitled to remuneration; and “employment” must be construed accordingly.’. Referrals: findings of fact immaterial Secretary Alan Johnson NC13 To move the following Clause:— ‘(1) For the purposes of the provisions mentioned in subsection (2), it is immaterial whether there is a finding of fact in any proceedings. (2) The provisions are— section 27(3)(b) and (c); section 28(4)(b) and (c); section 31(2)(b) and (c) and (6)(a); section 33(2)(b) and (c) and (6)(a); section 36(2)(b) and (c) and (5)(a).’. Devolution: alignment Secretary Alan Johnson NC14 To move the following Clause:— ‘(1) The Secretary of State may, by order, make such provision (including provision amending any enactment contained in or made under any Act, including this Act) as he thinks necessary or expedient in consequence of or having regard to any relevant Scottish legislation or relevant Northern Ireland legislation. (2) An order may— (a) include provision for treating a person to whom a monitoring provision applies as if he were subject to monitoring in relation to regulated activity; (b) confer power to make subordinate legislation (within the meaning given by the Interpretation Act 1978). (3) Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks— (a) corresponds to provision made by or under this Act, (b) makes monitoring provision, or (c) affects the operation of any provision made by or under this Act. (4) Relevant Northern Ireland legislation is any provision of such legislation which the Secretary of State thinks— (a) corresponds to provision made by or under this Act (b) makes monitoring provision, or (c) affects the operation of any provision made by or under this Act. (5) Monitoring provision is provision for the collation and disclosure of information relating to persons who engage or wish to engage in activity which the Secretary of State thinks corresponds to regulated activity with children or vulnerable adults.’. Offences: other persons Secretary Alan Johnson NC15 To move the following Clause:— ‘(1) A person commits an offence if, in the course of acting or appearing to act on behalf of a regulated activity provider— (a) he permits an individual (B) to engage in a regulated activity in relation to which B is not subject to monitoring, (b) he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and (c) B engages in the activity. (2) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier— (a) he supplies an individual (B) to another (P), (b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and (c) he knows or has reason to believe that B is barred from the activity. (3) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier— (a) he supplies an individual (B) to another (P), (b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and (c) he knows or has reason to believe that B is not subject to monitoring in relation to the activity. (4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (5) A person guilty of an offence under subsection (2) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both; (b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both. (6) If the commission of an offence under section 11 is due to the act or reckless default of a person who acts for or appears to act for the regulated activity provider— (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 the regulated activity provider. (7) In the application of subsection (6) to a person who is in Crown employment (within the meaning of the Employment Rights Act 1996), section (Crown application)(2) must be ignored. (8) For the purpose of subsections (2)(b) and (3)(b), 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. (9) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under subsection (1) in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently. (10) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003, the reference in subsection (5)(b) to 12 months must be taken to be a reference to six months.’. Section (Offences: other persons): exclusions and defences Secretary Alan Johnson NC16 To move the following Clause:— ‘(1) A person does not commit an offence under section (Offences: other persons) if B has not attained the age of 16. (2) A person does not commit an offence under section (Offences: other persons) if the regulated activity— (a) is regulated activity relating to adults, and (b) falls within section 14. (3) A person does not commit an offence under section (Offences: other persons)(1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity— (a) the permission is first given before the commencement of that section, and (b) it continues to have effect after such commencement. (4) Subsection (3) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order. (5) A person does not commit an offence under subsection (1) of section (Offences: other persons) if— (a) the regulated activity provider for whom he acts or appears to act falls within section 15, (b) the permission mentioned in subsection (1) of section (Offences: other persons) commences at a time when B is engaged in relevant NHS employment mentioned in section 15(1)(b) in circumstances mentioned in subsection (3) above, and (c) for the duration of the permission mentioned in subsection (1) of section (Offences: other persons) B continues to be engaged in that relevant NHS employment. (6) A person is not guilty of an offence under section (Offences: other persons)(3) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of that section. (7) Subsection (6) does not have effect in respect of a supply which continues to have effect after such date as the Secretary of State specifies by order.’. Office holders: offences Secretary Alan Johnson NC17 To move the following Clause:— ‘(1) The Secretary of State may by regulations provide that a person commits an offence if— (a) he engages in activity that is regulated activity by virtue of paragraph 1(9) or 6(9) of Schedule 3, and (b) he is not subject to monitoring in relation to the activity. (2) The Secretary of State may by regulations provide that a prescribed person (P) commits an offence if he fails in the prescribed period to make a check in accordance with section (sections 12 and (office holders: offences): checks) in relation to another person (B) appointed to a position mentioned in paragraph 4(1) or 6A(1) of Schedule 3. (3) Regulations under subsection (1) or (2) may provide for defences to the offence. (4) An offence created by regulations under this section is punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale.’. Sections 12 and (office holders: offences): checks Secretary Alan Johnson NC18 To move the following Clause:— ‘(1) This section has effect for the purposes of sections 12 and (office holders: offences). (2) P makes a check in accordance with this section if— (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 P. (3) P makes a check in accordance with this section 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 P by a registered person (within the meaning of Part 5 of the Police Act 1997), and (c) P obtains from the registered person the information mentioned in subsection (4) derived from the certificate. (4) 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. (5) In subsection (2)(a) “relevant information” means— (a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 3, relevant information relating to children (within the meaning of section (meaning of relevant information in section (provision of vetting information)); (b) in relation to a person appointed to a position mentioned in paragraph 6A(1) of Schedule 3, relevant information relating to vulnerable adults (within the meaning of section (meaning of relevant information in section (provision of vetting information)). (6) For the purposes of subsection (2)(b) 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 (b) the application was countersigned on his behalf by such a person. (7) In this section “enhanced criminal record certificate” means— (a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 3, 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 a person appointed to a position mentioned in paragraph 6A(1) of Schedule 3, 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).’. Personnel suppliers: failure to check Secretary Alan Johnson NC19 To move the following Clause:— ‘(1) Schedule (employment businesses: failure to check) (employment businesses: failure to check) has effect. (2) The Secretary of State may by order make provision (including provision amending this Act) corresponding to Schedule (employment businesses: failure to check) in relation to the supply of persons by a personnel supplier otherwise than in the course of carrying on an employment business.’. Devolution: Wales Secretary Alan Johnson NC20 To move the following Clause:— ‘(1) In so far as a power to make subordinate legislation under any of the following provisions is exercisable only in relation to Wales, it is exercisable by the Welsh Ministers instead of by the Secretary of State— (a) section 8(9) or (13); (b) section 10(8) or (11); (c) section 11(10); (d) section 12(1), (4) or (5); (e) section ((Offences: other persons): exclusions and defences)(4) or (7); (f) section (Controlled activity: regulations)(1); (g) section (Provision of vetting information)(8); (h) paragraph 3(3) of Schedule (Employment business: failure to check). (2) If the exercise of a power to make subordinate legislation under either of the following provisions will have effect in relation to any function of the Welsh Ministers to which the provision applies, or would apply in consequence of the exercise of the power, the Secretary of State must not exercise the power without the consent of the Welsh Ministers— (a) section 36(1), (5) or (9); (b) section 37(2); (c) section (Supervisory authorities: power to apply for vetting information)(7); (d) section (Supervisory authorities: notification of barring &c. in respect of children)(7) or (8); (e) section (Supervisory authorities: notification of barring &c. in respect of vulnerable adults)(7) or (8). (3) If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to Wales, the Secretary of State must not exercise the power unless he first consults the Welsh Ministers— (a) section 5(3); (b) section 14(1)(d) or (f); (c) section 18(8); (d) section 19(4)(f); (e) section 22(1); (f) section (meaning of relevant information in section (Provision of vetting information))(6); (g) section 27(1); (h) section 28(1), (2) or (3); (i) section 29(2); (j) section 31(1) or (6); (k) section 32(2); (l) section 33(1), (6) or (9); (m) section 34(2); (n) section 44(1)(g) or (11); (o) section 48(1A); (p) section 49; (q) paragraph 1(1), 2(1), 6(1) or 7(1) of Schedule 2; (r) paragraph 2(1)(f) or 6(1)(ea) of Schedule 3; (s) paragraph 5 of Schedule (Employment business: failure to check); (t) paragraph 14 of Schedule (Appropriate verification). (4) A power to make subordinate legislation is a power to make regulations or an order. (5) In the application of section 46 to the exercise of a power by the Welsh Ministers by virtue of this section— (a) the reference in subsection (2) of that section to either House of Parliament must be taken to be a reference to the National Assembly for Wales; (b) the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Assembly.’. Crown application Secretary Alan Johnson NC21 To move the following Clause:— ‘(1) Subject to the provisions of this section, this Act and any regulations or orders made under it bind the Crown. (2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it makes the Crown criminally liable. (3) Despite subsection (2), this Act and any regulations or orders made under it apply to persons in Crown employment (within the meaning of the Employment Rights Act 1996) as they apply to other persons. (4) Subsection (2) of section 6 does not apply in relation to any activity carried out by the Crown. (5) Each government department and other body performing functions on behalf of the Crown— (a) if the department or body engages in regulated activity, is the regulated activity provider in relation to the activity; (b) if the department or body engages in controlled activity, is the responsible person (within the meaning of section (Controlled activity: regulations)) in relation to the activity. (6) In subsection (5) “body” includes office-holder. (7) Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity (within the meaning of section 38(3) of the Crown Proceedings Act 1947).’. Controlled activity: regulations Secretary Alan Johnson NC22 To move the following Clause:— ‘(1) The Secretary of State may, by regulations, make provision as to— (a) the persons who are permitted to engage in controlled activity; (b) the steps which must be taken by a responsible person in connection with permitting another to engage in controlled activity; (c) circumstances in which a responsible person must not permit another to engage in controlled activity. (2) The regulations may— (a) include provision for a responsible person who contravenes any provision of the regulations to be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale; (b) in relation to such an offence, make provision corresponding to sections 16, (Offences: other persons) and ((Offences: other persons): exclusions and defences). (3) A person is a responsible person if— (a) he is responsible for the management or control of a controlled activity, and (b) if the controlled 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.’. Transitional provision Secretary Alan Johnson NC23 To move the following Clause:— ‘Schedule (Transitional provisions) has effect.’. Assessment of Under 18s on the barred lists Annette Brooke
NC24 * To move the following Clause:— ‘(1) IBB must make a referral for therapeutic purposes, as specified in regulations, for a person under the age of 18 included on the children’s barred list after representations have been heard. (2) IBB must make a referral for therapeutic purposes, as specified in regulations, for a person under the age of 18 included on the adults’ barred list after representations have been heard.’. |
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