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

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Procedure for orders under Schedule 2

Annette Brooke
Sarah Teather

NC25

    * To move the following Clause:—

      ‘The following provisions shall apply to any order made under paragraph 1, 2, 6 or 7 of Schedule 2—

      (1) The Secretary of State must not make an order containing (with or without other provision) any provision unless—

        (a) a draft of the order has been laid before Parliament and approved by a resolution of each House; and

        (b) each of the resolutions for approving the draft was agreed more than 60 days after the day on which the draft was laid before the House in question.

      (2) No draft order containing provision for compulsory registration is to be laid before Parliament unless—

        (a) the Secretary of State has prepared and published a report containing a proposal for the making of such provision;

        (b) the report sets out the Secretary of State’s reasons for making the proposal;

        (c) the report has been laid before Parliament and each House has approved the proposal contained in the report, either with or without modifications; and

        (d) the draft order gives effect to the proposal so far as approved by both Houses.

      (3) An approval given in either House satisfies the requirements of subsection (2)(c) only if it was given in that House on the first occasion on which a motion for the approval of the proposal was made in that House by a Minister of the Crown after—

        (a) the laying of the report; or

        (b) if more than one report containing that proposal has been laid before that House, the laying of the one laid most recently.

      (4) The Secretary of State must not make an order which—

        (a) contains (with or without other provision) any provision that he is authorised to make by section 6, but

        (b) is not an order containing provision for compulsory registration, unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

      (5) In reckoning a period of 60 days for the purposes of subsection (1), no account shall be taken of a day for which—

        (a) Parliament is dissolved or prorogued; or

        (b) the House in question is adjourned as part of an adjournment of more than four days.’.


Secretary Alan Johnson

19

Page 1, line 5 [Clause 1], at end insert—

      ‘( ) Schedule (transfers to IBB) (transfers to IBB) has effect.’.


Annette Brooke
Sarah Teather

1

Page 2, line 24 [Clause 4], leave out ‘only’.

Annette Brooke
Sarah Teather

2

Page 2, line 28 [Clause 4], at end insert—

      ‘(2A) An appeal under subsection 1 may be made on the grounds that there are issues of fact that were unavailable to IBB at the time it made its decision and which in the opinion of the Tribunal would have been relevant to that decision.’.


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 4 of Schedule (employment businesses: failure to check).’.

Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett
Annette Brooke
Total signatories: 7

Sarah Teather

202

Page 3, line 16 [Clause 5], at end add—

      ‘(4) The Secretary of State may only vary the meaning of regulated activity relating to children and vulnerable adults after affirmative resolution by both Houses of Parliament.’.

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

20

Page 3, line 26 [Clause 6], at end insert—

      ‘( ) A person (P) is also a regulated activity provider if he carries on a scheme—

        (a) under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and

        (b) in respect of which a requirement to register arises under section 11 of the Care Standards Act 2000.’.

Secretary Alan Johnson

21

Page 3, line 26 [Clause 6], at end insert—

      ‘(2A) A person (P) is also a regulated activity provider if section (Fostering)(4) (fostering) so provides.’.

Mr Paul Burstow

192

Page 3, line 34 [Clause 6], at end insert ‘Unless P has been authorized to act under the relevant provisions of the Mental Capacity Act 2005, or appointed by the Secretary of State for Work and Pensions.’.

Secretary Alan Johnson

22

Page 3, line 36 [Clause 6], after ‘person’ insert ‘—

        ‘(a) ‘.

Secretary Alan Johnson

23

Page 3, line 37 [Clause 6], leave out ‘(m), (n) or (o)’ and insert ‘or (m) or 6A(1)(a), (d) or (e)’.

Secretary Alan Johnson

24

Page 3, line 38 [Clause 6], at end insert—

        ‘(b) as a deputy under section 16(2)(b) of the Mental Capacity Act 2005;

        (c) as member or chief executive of IBB;

        (d) to any position mentioned in paragraph (a), (b) or (f) of section 44(10) or to exercise any function mentioned in that subsection’.

Secretary Alan Johnson

25

Page 3, line 38 [Clause 6], at end insert—

      ‘( ) For the purposes of subsection (5) it is immaterial whether P is also acting in any capacity other than as a family member or friend.’.


Secretary Alan Johnson

26

Page 4, line 7 [Clause 6], at end insert—

      ‘( ) The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.’.

Annette Brooke
Sarah Teather

254

* Page 4, line 10 [Clause 7], after ‘he’, insert ‘with the intention of misleading the IBB or a regulated activity provider’.

Secretary Alan Johnson

27

Page 4, line 18 [Clause 7], after ‘fine’ insert ‘not exceeding the statutory maximum’.

Annette Brooke
Sarah Teather

255

* Page 4, line 19 [Clause 7], leave out subsection (3).

Mrs Maria Miller
Tim Loughton
Mr Rob Wilson
Anne Main
Mr David Evennett

201

Page 4, line 21 [Clause 7], at end add ‘or did not intend to seek to engage in activity from which he knew he was barred.’.

Secretary Alan Johnson

28

Page 4, line 21 [Clause 7], at end insert—

      ‘( ) It is a defence for a person charged with an offence under subsection (1) to prove—

        (a) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

        (b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

        (c) that he engaged in the activity for no longer than was necessary for that purpose.’.

Secretary Alan Johnson

29

Page 4, line 21 [Clause 7], at end insert—

      ‘(4) For the purposes of this section, 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.’.

Secretary Alan Johnson

30

Page 4, line 21 [Clause 7], at end insert—

      ‘( ) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 months must be taken to be a reference to six months.’.


Secretary Alan Johnson

31

Page 5, line 16 [Clause 8], leave out subsection (10).

Secretary Alan Johnson

32

Page 5, line 21 [Clause 8], leave out from ‘if’ to end of line 24 and insert ‘the regulated activity—

        (a) is regulated activity relating to vulnerable adults, and

        (b) falls within section 14.’.

Secretary Alan Johnson

33

Page 5, line 34 [Clause 8], at end insert—

      ‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section 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.’.

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

34

Page 5, line 41 [Clause 9], leave out ‘a regulated activity provider’ and insert ‘another (P)’.

Secretary Alan Johnson

35

Page 5, line 42 [Clause 9], leave out ‘the regulated activity provider’ and insert ‘P’.


Secretary Alan Johnson

214

Page 6, line 2 [Clause 9], leave out subsection (3).

Secretary Alan Johnson

36

Page 6, line 11 [Clause 9], after ‘fine’ insert ‘not exceeding the statutory maximum’.

Secretary Alan Johnson

37

Page 6, line 11 [Clause 9], at end insert—

      ‘( ) It is a defence for a person charged with an offence under this section to prove—

        (a) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

        (b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

        (c) that the barred person engaged in the activity for no longer than was necessary for that purpose.’.

Secretary Alan Johnson

38

Page 6, line 11 [Clause 9], at end insert—

      ‘(5) For the purposes of this section, 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.’.

Secretary Alan Johnson

39

Page 6, line 11 [Clause 9], at end insert—

      ‘( ) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12 months must be taken to be a reference to six months.’.

Secretary Alan Johnson

215

Page 6, line 15 [Clause 10], leave out ‘and’.

Annette Brooke
Sarah Teather

258

* Page 6, line 16 [Clause 16], leave out ‘has reason to believe’ and insert ‘suspects’.

Secretary Alan Johnson

216

Page 6, line 17 [Clause 10], at end insert ‘, and

        ( ) B engages in the activity.’.

Secretary Alan Johnson

40

Page 6, line 19 [Clause 10], leave out ‘a regulated activity provider’ and insert ‘another (P)’.

Annette Brooke
Sarah Teather

259

* Page 6, line 20 [Clause 10], leave out ‘has reason to believe’ and insert ‘suspects’.

Secretary Alan Johnson

41

Page 6, line 20 [Clause 10], leave out ‘the regulated activity provider’ and insert ‘P’.

Annette Brooke
Sarah Teather

260

* Page 6, line 23 [Clause 10], leave out ‘has reason to believe’ and insert ‘suspects’.

Secretary Alan Johnson

42

Page 6, line 24 [Clause 10], at end insert—

      ‘(2A) For the purposes of subsection (2)(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.’.

Secretary Alan Johnson

43

Page 6, line 29 [Clause 10], leave out subsection (5).


Secretary Alan Johnson

44

Page 7, line 5 [Clause 10], leave out from ‘if’ to end of line 8 and insert ‘the regulated activity—

        (a) is regulated activity relating to vulnerable adults, and

        (b) falls within section 14.’.

Secretary Alan Johnson

45

Page 7, line 8 [Clause 10], at end insert—

      ‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section 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.’.

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.’.

Annette Brooke
Sarah Teather

256

* Page 7, line 10 [Clause 11], after ‘he’, insert ‘negligently’.

Secretary Alan Johnson

46

Page 7, line 11 [Clause 11], at end insert—

      ‘( ) A person does not commit an offence under subsection (1) if the regulated activity—

        (a) is regulated activity relating to vulnerable adults, and

        (b) falls within section 14.’.

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

47

Page 7, line 17 [Clause 11], leave out ‘14 or’.

Secretary Alan Johnson

48

Page 7, line 20 [Clause 11], leave out subsection (6).

Secretary Alan Johnson

223

Page 7, line 25 [Clause 11], leave out subsections (7) and (8).

Secretary Alan Johnson

49

Page 7, line 42 [Clause 11], at end insert—

      ‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section 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.’.

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)’.

Annette Brooke
Sarah Teather

257

* Page 8, line 22 [Clause 12], after ‘he’, insert ‘negligently’.

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.


 
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Prepared: 20 October 2006