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

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Secretary Alan Johnson

132

Page 43, line 36 [Schedule 2], at end insert—

‘ IBB may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.’.

Secretary Alan Johnson

133

Page 43, line 44 [Schedule 2], before ‘list’ insert ‘specified’.

Secretary Alan Johnson

134

Page 43, line 45 [Schedule 2], leave out from ‘Kingdom’ to end of line 47.


Secretary Alan Johnson

135

Page 44, line 10 [Schedule 2], at end insert—

      ‘( ) The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.’.

Secretary Alan Johnson

136

Page 44, line 10 [Schedule 2], at end insert—

      ‘(e) section 42 of the Armed Forces Act 2006.’.

Secretary Alan Johnson

137

Page 44, line 10 [Schedule 2], at end insert—

    ‘(2A) For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—

      (a) any offence committed before he attained the age of 18;

      (b) any order or direction made before that time.’.

Secretary Alan Johnson

138

Page 44, line 20 [Schedule 2], at end insert—

    ‘() For the purposes of sub-paragraph (2A) an offence committed over a period of time must be treated as committed on the last day of the period.’.

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

139

Page 44, line 25 [Schedule 2], at end insert—

‘ A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 20(1)(a), or which makes an order of a description specified for the purposes of paragraph 20(1)(b), must inform the person at the time he is convicted or the order is made that IBB will include him in the barred list concerned.’.

Secretary Alan Johnson

140

Page 44, line 33 [Schedule 3], at end insert ‘or the period condition is satisfied’.

Secretary Alan Johnson

141

Page 44, line 34 [Schedule 3], leave out sub-paragraph (2).

Secretary Alan Johnson

142

Page 44, line 38 [Schedule 3], at end insert ‘or the period condition is satisfied’.


Secretary Alan Johnson

143

Page 45, line 1 [Schedule 3], leave out ‘the activity’ and insert—

      ‘( ) it is carried out by a person while engaging in any form of work (whether or not for gain),

      ( ) it’.

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

199

Page 45, line 5 [Schedule 3], at end insert—

        ‘(e) an employer using their professional judgment may produce a statement defining frequency in relation to that particular establishment if the definition of frequency is equal to or less than the definition in the Act’.

Secretary Alan Johnson

144

Page 45, line 22 [Schedule 3], at end insert—

    ‘(5C) It is a regulated activity relating to children to foster a child (as mentioned in section (Fostering)).’.


Secretary Alan Johnson

145

Page 46, line 20 [Schedule 3], leave out ‘, (2)’.

Secretary Alan Johnson

146

Page 46, line 23 [Schedule 3], leave out ‘and (2)’.

Secretary Alan Johnson

147

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

      ‘(f) driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.’.

Judy Mallaber
Margaret Moran
Roger Berry
Annette Brooke
Sarah Teather
Derek Wyatt
Total signatories: 8

    Dr Howard Stoate Kali Mountford

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).’.


Secretary Alan Johnson

148

Page 47, line 9 [Schedule 3], at end insert—

    ‘( ) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—

      (a) access to the content of the matter;

      (b) contact with users of the service.’.

Secretary Alan Johnson

149

Page 47, line 14 [Schedule 3], leave out ‘(2),’.

Secretary Alan Johnson

150

Page 47, line 36 [Schedule 3], leave out ‘childminding or’.

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

8

Page 47, line 40 [Schedule 3], leave out ‘1(6)’ and insert ‘1(9)’.


Secretary Alan Johnson

151

Page 48, line 16 [Schedule 3], leave out ‘or chief executive’ and insert ‘, chief executive or member of staff’.


Secretary Alan Johnson

152

Page 49, line 11 [Schedule 3], at end insert—

    Exceptions

The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.’.

Secretary Alan Johnson

153

Page 49, line 15 [Schedule 3], at end insert ‘or the period condition is satisfied’.

Secretary Alan Johnson

154

Page 49, line 23 [Schedule 3], at end insert—

      ‘(ea) driving a vehicle which is being used only for the purpose of conveying vulnerable adults and any person caring for the vulnerable adults pursuant to arrangements made in prescribed circumstances;’.

Secretary Alan Johnson

155

Page 49, line 32 [Schedule 3], at end insert—

    ‘( ) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (2)(b) or (c) unless he has—

      (a) access to the content of the matter;

      (b) contact with users of the service.’.

Secretary Alan Johnson

156

Page 49, line 33 [Schedule 3], leave out sub-paragraph (3).

Secretary Alan Johnson

157

Page 49, line 40 [Schedule 3], at end insert ‘or the period condition is satisfied’.

Secretary Alan Johnson

158

Page 49, line 40 [Schedule 3], at end insert—

      ‘( ) it is carried out by a person while engaging in any form of work (whether or not for gain),’.


Secretary Alan Johnson

159

Page 50, line 3 [Schedule 3], leave out ‘, (3)’.

Secretary Alan Johnson

160

Page 50, line 5 [Schedule 3], after ‘the’ insert ‘inspection’.

Mr Paul Burstow

196

Page 50, line 8 [Schedule 3], after ‘Wales’, insert—

        ‘(d) The Office of the Public Guardian,

        (e) The Court of Protection’.

Secretary Alan Johnson

161

Page 50, line 9 [Schedule 3], leave out from beginning to ‘is’ in line 10.

Secretary Alan Johnson

162

Page 50 [Schedule 3], leave out line 12 and insert—

    ‘(7) Inspection functions are functions relating to the inspection of—’.

Secretary Alan Johnson

163

Page 50, line 12 [Schedule 3], at end insert—

      ‘( ) a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act),’.

Secretary Alan Johnson

164

Page 50, line 19 [Schedule 3], at end insert ‘or

      ( ) any person, other than a local authority, providing English local authority social services or Welsh local authority social services within the meaning of that section,’.

Secretary Alan Johnson

165

Page 50 [Schedule 3], leave out line 20 and insert—

    ‘in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.’.

Secretary Alan Johnson

166

Page 50, line 24 [Schedule 3], leave out sub-paragraphs (9) and (10) and insert—

    ‘(9) The exercise of a function of a person mentioned in paragraph 6A(1) is a regulated activity relating to vulnerable adults.’.

Secretary Alan Johnson

167

Page 50, line 33 [Schedule 3], at end insert—

    ‘6A (1) The persons referred to in paragraph 6(9) are—

      (a) member of a relevant local government body;

      (b) director of adult social services of a local authority in England;

      (c) director of social services of a local authority in Wales;

      (d) Commissioner for older people in Wales or deputy Commissioner for older people in Wales;

      (e) charity trustee of vulnerable adults’ charity;

      (f) member or chief executive or member of staff of IBB.

    (2) For the purposes of sub-paragraph (1)(a), a person is a member of a relevant local government body if—

      (a) he is a member of a local authority and discharges any social services functions of a local authority which relate wholly or mainly to vulnerable adults;

      (b) he is a member of an executive of a local authority which discharges any such functions;

      (c) he is a member of a committee of an executive of a local authority which discharges any such functions;

      (d) he is a member of an area committee, or any other committee, of a local authority which discharges any such functions.

    (3) Any reference in sub-paragraph (2) to a committee includes a reference to any sub-committee which discharges any functions of that committee.

    (4) A charity is a vulnerable adults’ charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to vulnerable adults.

    (5) An individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this sub-paragraph do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.

    (6) In this paragraph—

      “area committee” has the same meaning as in section 18 of the Local Government Act 2000 (c. 22);

      “charity” and “charity trustee” have the same meanings as in the Charities Act 1993 (c. 10);

      “executive”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000 (c. 22);

      “local authority” has the same meaning as in the Education Act 1996 (c. 56);

      “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

    (7) In relation to a local authority—

      (a) which is a children’s services authority (within the meaning of the Children Act 2004), and

      (b) which has not appointed a director of children’s services under section 18 of that Act,

    in sub-paragraph (1)(b) above the word “adult” must be ignored.’.

Secretary Alan Johnson

168

Page 50, line 33 [Schedule 3], at end insert—

‘The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.’.

Secretary Alan Johnson

169

Page 50, line 33 [Schedule 3], at end insert—

‘Part 3

The period condition

    (1) The period condition is satisfied if the person carrying out the activity does so at any time on more than two days in any period of 30 days.

    (2) In relation to an activity that falls within paragraph 2(1)(a), (b), (c) or (d) or 6(1)(a), (b), (c), (d) or (f), the period condition is also satisfied if—

      (a) the person carrying out the activity does so at any time between 2 a.m. and 6 a.m, and

      (b) the activity gives the person the opportunity to have face-to-face contact with children or vulnerable adults (as the case may be).’.

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

171

Page 53, line 3 [Schedule 4], leave out ‘entry 1’ and insert ‘entries 1 and 5’.

Secretary Alan Johnson

172

Page 53, line 5 [Schedule 4], leave out ‘A is considering whether to permit B to engage in’.

Secretary Alan Johnson

241

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

Secretary Alan Johnson

174

Page 53, line 15 [Schedule 4], leave out paragraphs 4 to 8.


Secretary Alan Johnson

175

Page 54, line 7 [Schedule 4], at end insert—

‘ Parental responsibility has the same meaning as in the Children Act 1989 (c. 41).’.

Secretary Alan Johnson

176

Page 54, line 7 [Schedule 4], at end insert—

‘ A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.’.

Secretary Alan Johnson

177

Page 54, line 10 [Schedule 4], leave out ‘care or support (which may include accommodation)’ and insert ‘accommodation, in the home in which the individual ordinarily resides,’.

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

203

Page 54, line 13 [Schedule 4], at end add—

      ‘(10) The Secretary of State will report in a statement to Parliament any breaches of security relating to information held on or related to the registers or available on-line.’.

Secretary Alan Johnson

178

Page 54, line 15 [Schedule 5], at end insert—

‘Part 1

Existing lists

    Children Act 1989 (c. 41)

    1 (1) In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert—

      “(ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);”.

    Teaching and Higher Education Act 1998 (c. 30)

2 The Teaching and Higher Education Act 1998 is amended as follows.

3 Section 2(4) (advisory functions of General Teaching Council) is omitted.

4 In section 3(3) (eligibility for registration), after paragraph (a) insert—

        “(aa) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006),”.

    5 (1) Section 15 (supply of information following dismissal etc) is amended as follows.

    (2) In subsection (1)—

      (a) in paragraph (a) for “a person’s services on a ground mentioned in section 142 of the Education Act 2002” substitute “the services of a registered teacher on a ground mentioned in subsection (1A)”;

      (b) in paragraph (b)—

(i) for “a person’s” substitute “a registered teacher’s”; (ii) for “section” substitute “subsection”; (iii) for “the person” substitute “the teacher”.

    (3) After subsection (1) insert—

      “(1A) The grounds are—

        (a) misconduct;

        (b) professional incompetence;

        (c) conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.”

    (4) In subsection (2)—

      (a) for “a person” substitute “a teacher”;

      (b) for the words from “such of the following” to the end substitute “the Council”.

    (5) In subsection (3)—

      (a) for “a person” substitute “a teacher”;

      (b) for the words from “such of the following” to the end substitute “the General Teaching Council for Wales”.

    (6) Omit subsection (4).

    (7) In subsection (5) for the definition of “relevant employer” substitute—

      ““relevant employer” means—

      (a) a local education authority;

      (b) a person exercising a function relating to the provision of education on behalf of a local education authority;

      (c) the proprietor of a school;

      (d) the governing body of a further education institution;

      “education” includes vocational, social, physical and recreational training;

      “proprietor” and “school” have the meanings given in the Education Act 1996;

      “further education institution” has the meaning given in section 140 of the Education Act 2002;”.

    6 (1) Section 15A (supply of information by contractor, agency, etc) is amended as follows.

    (2) In subsection (1) for “another person (the “worker”)” substitute “a registered teacher (the “teacher”)”.

    (3) In subsection (2)—

      (a) in paragraph (a) for “section 142 of the Education Act 2002” substitute “section 15(1A)”;

      (b) in paragraph (b) for “section” substitute “subsection”;

      (c) in paragraph (c)—

(i) for “worker” substitute “teacher”; (ii) for “section” substitute “subsection”.

    (4) In subsection (3)—

      (a) for “worker” substitute “teacher”;

      (b) for the words from “such of the following” to the end substitute “the Council”.

    (5) In subsection (4)—

      (a) for “worker” substitute “teacher”;

      (b) for the words from “such of the following” to the end substitute “the General Teaching Council for Wales”.

    (6) In subsection (9)—

      (a) for “Subsections (4) and” substitute “Subsection”;

      (b) for “they apply” substitute “it applies”.

7 In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from “of the powers exercisable” to the end substitute “of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006”.

    Protection of Children Act 1999 (c. 14)

    8 (1) The Protection of Children Act 1999 is amended as follows.

    (2) Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted.

    (3) In section 9 (the Tribunal)—

      (a) in subsection (1), omit the words from “which shall exercise” to the end;

      (b) in subsection (2)—

(i) omit paragraphs (a) and (b); (ii) in paragraph (d), for “68, 86, 87 or 88” substitute “or 68”; (iii) omit paragraph (e);

      (c) omit subsection (3A).

    (4) In section 12 (interpretation)—

      (a) in subsection (1), omit all the definitions except the definition of “prescribed”;

      (b) omit subsections (2) to (3A).

    Care Standards Act 2000 (c. 14)

9 Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted.

    Childcare Act 2006

    10 (1) In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert—

        “(ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);”.

Part 2

Other amendments’.

 
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Prepared: 20 October 2006