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

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Secretary Alan Johnson

179

Page 54, line 17 [Schedule 5], leave out paragraphs 1 to 6.


Secretary Alan Johnson

180

Page 55, line 23 [Schedule 5], at end insert—

    Police Pensions Act 1976 (c. 35)

    (1) The Police Pensions Act 1976 is amended as follows.

    (2) In section 7(2) (persons eligible for police pensions), after paragraph (cf) insert—

        “(cg) a member of staff of the Independent Barring Board who holds the office of constable;”.

    (3) In section 11—

      (a) in subsection (1) (references to membership of a police force etc.), after paragraph (bf) insert—

        “(bg) service, by a person holding the office of constable, as a member of staff of the Independent Barring Board;”

      (b) in subsection (2) (meaning of “police authority”), after paragraph (f) insert—

        “(bg) in relation to any service such as is mentioned in subsection (1)(bg), it means the Independent Barring Board;”

      (c) in subsection (3) (meaning of “police force”), in paragraph (b), after “(bf),” insert “(bg)”.

    Police Act 1996 (c. 16)

    (1) Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.

    (2) In subsection (1) (meaning of “relevant service”), after paragraph (cg) insert—

        “(ch) temporary service with the Independent Barring Board on which a person is engaged with the consent of the appropriate authority;’.

    (3) In subsections (6)(a) and (8), after “(cg)” insert “, (ch)”.’.

Secretary Alan Johnson

181

Page 55, line 23 [Schedule 5], at end insert—

    Children Act 1989 (c. 41)

In section 68 of the Children Act 1989 (persons disqualified from being private foster parents) after subsection (3) insert—

      “(3A) A person shall not foster a child privately if—

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

        (b) he lives in the same household as a person who is barred from such activity.”’.

Secretary Alan Johnson

182

Page 55 [Schedule 5], leave out lines 36 to 40 and insert—

    ‘() After section 113B insert—

    113BA Suitability information relating to children

      (1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

      (2) Suitability information relating to children is—

        (a) whether the applicant is barred from regulated activity relating to children;

        (b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred;

        (c) whether the applicant is subject to monitoring in relation to regulated activity relating to children;

        (d) whether the Independent Barring Board is considering whether to include the applicant in the children’s barred list in pursuance of paragraph 3 or 5 of Schedule 2 to the 2006 Act.

      (3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

      (4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

    113BB Suitability information relating to vulnerable adults

      (1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.

      (2) Suitability information relating to vulnerable adults is —

        (a) whether the applicant is barred from regulated activity relating to vulnerable adults;

        (b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred;

        (c) whether the applicant is subject to monitoring in relation to regulated activity relating to vulnerable adults;

        (d) whether the Independent Barring Board is considering whether to include the applicant in the adults’ barred list in pursuance of paragraph 8 or 10 of Schedule 2 to the 2006 Act.

      (3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act.

      (4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

    113BC Suitability information: power to amend

      (1) The Secretary of State may by order made by statutory instrument—

        (a) amend section 113BA for the purpose of altering the meaning of suitability information relating to children;

        (b) amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults.

      (2) Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.”

    () In section 114 (criminal record certificates: Crown employment), in subsection (3), for “Sections 113A(3) to (6) and 113C to 113F” substitute “Section 113A(3) to (6)”.

    () In section 116 (enhanced criminal record certificates: judicial appointments and Crown employment), in subsection (3), for “113C to 113F” substitute “113BA to 113BC”.’.


Secretary Alan Johnson

183

Page 56, line 2 [Schedule 5], at end insert—

    ‘() before subsection (2) insert—

      “(1B) The Secretary of State may require the chief officer of a police force to make available such information as he may specify for the purpose of determining, in relation to applications under section 113B, whether the police force is a relevant police force.”;’.

Secretary Alan Johnson

184

Page 56, line 19 [Schedule 5], at end insert—

    Data Protection Act 1998 (c. 29)

    1 (1) The Data Protection Act 1998 is amended as follows.

    (2) In section 56 (prohibition of requirement as to production of certain records) in the table in subsection (6)—

      (a) in the second column of the entry relating to the Secretary of State, after paragraph (f) insert—

  “(g) His functions under the Safeguarding Vulnerable Groups Act 2006.”

      (b) after the entry relating to the Department of Health and Social Services in Northern Ireland insert—

“4. The Independent Barring Board Its functions under the Safeguarding Vulnerable Groups Act 2006.”

    (3) In section 75 (commencement etc.), after subsection (4) insert—

      “(4A) Subsection (4) does not apply to section 56 so far as that section relates to a record containing information relating to—

        (a) the Secretary of State’s functions under the Safeguarding Vulnerable Groups Act 2006, or

        (b) the Independent Barring Board’s functions under that Act.”’.

Secretary Alan Johnson

185

Page 56, line 27 [Schedule 5], leave out paragraphs 9 and 10.


Secretary Alan Johnson

186

Page 57, line 19 [Schedule 6], at end insert—

Police Act 1997 (c. 50) Sections 113C to 113F’.

Secretary Alan Johnson

187

Page 57, line 20 [Schedule 6], at beginning insert—

‘Children Act 1989 (c. 41) In Schedule 9A, in paragraph 4(2), paragraphs (a) and (b)
Teaching and Higher Education Act 1998 (c. 30) Section 2(4)
  In section 3(3), paragraph (a)
  Section 15(4)
Protection of Children Act 1999 (c. 14) Sections 1 to 4C and 7
  In section 9(1), the words from “which shall exercise” to the end
  In section 9(2), paragraphs (a), (b) and (e)
  In section 9(3A)
  In section 12, all the definitions in subsection (1) except the definition of “prescribed”, and subsections (2) to (3A)
  Section 13
Care Standards Act 2000 (c. 14) Sections 80 to 89, 91 to 99 and 101
  In Schedule 4, in paragraph 26, both of the sub-paragraphs numbered (2) and sub-paragraph (4)’.

Secretary Alan Johnson

188

Page 57, line 20 [Schedule 6], column 2, after ‘Sections’ insert ‘24 and’.

Secretary Alan Johnson

189

Page 57, line 21 [Schedule 6], at end insert—

  ‘In section 42(1), the definition of “disqualification order”
  Schedule 4’.

Secretary Alan Johnson

190

Page 57, line 21 [Schedule 6], at end insert—

Serious Organised Crime and Police Act 2005 (c. 15) Schedule 14, paragraph 2’.

Secretary Alan Johnson

191

Page 57, line 21 [Schedule 6], at end insert—

  'In Schedule 7, paragraphs 155, 157 and 158
Education Act 2002 (c. 32) Sections 142 to 144
  In Schedule 21, paragraphs 75, 76(b), 86(2), 121, 122(a), 123 and 128
Adoption and Children Act 2002 (c. 38) In Schedule 3, paragraph 94
Health and Social Care (Community Health and Standards) Act 2003 (c. 43) Section 189(1) to (3)
  In Schedule 9, paragraph 14
Criminal Justice Act 2003 (c. 44) Section 299
  Schedule 30
Children Act 2004 (c. 31) Section 39
  In Schedule 1, paragraph 11
  In Schedule 2, paragraphs 6 and 7
Civil Partnership Act 2004 (c. 33) In Schedule 21, paragraph 49A
Constitutional Reform Act 2005 (c. 4) In Schedule 11, paragraph 35
Inquiries Act 2005 (c. 12) In Schedule 2, paragraphs 18 and 19
Childcare Act 2006 (c. 21) In section 75(3), paragraphs (a) and (b)’.

Secretary Alan Johnson

NS1

    To move the following Schedule:—

   ‘SCHEDULE

Transfers to IBB

    Staff transfer schemes

    1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

      (a) for a person employed in the civil service of the state to become an employee of IBB;

      (b) for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with IBB;

      (c) for the transfer to IBB of the rights, powers, duties and liabilities of the Crown under or in connection with his terms of employment;

      (d) for anything done (or having effect as if done) before that transfer by or in relation to the Crown in respect of the terms of employment or the person to be treated as having been done by or in relation to IBB.

    (2) A staff transfer scheme may provide for a period before a person became an employee of IBB to count as a period during which he was such an employee (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

    (3) A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of IBB not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him.

    (4) A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as having his employment terminated by the operation of the scheme not to be so treated.

    Property transfer schemes

    2 (1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to IBB of any property, rights or liabilities of the Secretary of State.

    (2) The things that may be transferred by a property transfer scheme include—

      (a) property, rights and liabilities that could not otherwise be transferred;

      (b) property acquired, and rights and liabilities arising, after the making of the scheme.

    (3) A property transfer scheme may—

      (a) create interests in, or rights in relation to, anything that is or could be transferred by the scheme;

      (b) impose liabilities in relation to anything that is or could be transferred or created by the scheme;

      (c) apportion property, rights and liabilities;

      (d) provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to IBB;

      (e) make provision about the continuation of legal proceedings.

    Schemes: supplementary

3 A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.’.


Secretary Alan Johnson

NS2

    To move the following Schedule:—

‘SCHEDULE

Employment businesses: failure to check

    Offences

    1 (1) A person (P) who carries on an employment business commits an offence if—

      (a) he supplies an individual (B) to another person in the course of that business,

      (b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and

      (c) he is not appropriately registered in relation to B.

    (2) P is appropriately registered in relation to B if—

      (a) he is registered in relation to B under section (notification of cessation of monitoring),

      (b) his registration relates to monitoring in relation to the activity, and

      (c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.

    (3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    2 (1) In such circumstances as are prescribed, a person (P) who carries on an employment business commits an offence if—

      (a) he supplies an individual (B) to another person in the course of that business,

      (b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and

      (c) he fails to obtain a copy of an enhanced criminal record certificate relating to B issued in relation to P during the prescribed period.

    (2) For these purposes “enhanced criminal record certificate” means—

      (a) in relation to regulated activity relating to children, 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 regulated activity relating to vulnerable adults, 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).

    (3) 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 Police Act 1997 Act, or

      (b) the application was countersigned on his behalf by such a person.

    (4) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    Defences

    3 (1) P does not commit an offence under paragraph 1 or 2 if the regulated activity—

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

      (b) falls within section 14.

    (2) P does not commit an offence under paragraph 1 or 2 in relation to any period during which he is continuously supplied to another if the period begins before the commencement of this Schedule.

    (3) Sub-paragraph (2) does not apply in relation to a period falling after such date as the Secretary of State specifies by order.

    Modified meaning of regulated activity

4 For the purposes of this Schedule, 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.

    Power to amend paragraph 2(1)(c)

5 The Secretary of State may by order amend paragraph 2(1)(c) for the purpose of requiring an employment business to carry out such checks in relation to B as may be specified.

    Offence: acting for P etc

6 If the commission of an offence under paragraph 1 or 2 is due to the act or reckless default of a person who acts for or appears to act for P—

      (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 P.’.


Secretary Alan Johnson

NS3

    To move the following Schedule:—

   ‘SCHEDULE

Appropriate verification

Part 1

Default position

    1 (1) A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—

      (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 the regulated activity provider.

    (2) “Relevant information” means—

      (a) in relation to regulated activity relating to children, relevant information relating to children (within the meaning of section (meaning of relevant information in section (provision of vetting information));

      (b) in relation to regulated activity relating to vulnerable adults, relevant information relating to vulnerable adults (within the meaning of section (meaning of relevant information in section (provision of vetting information)).

    2 (1) A regulated activity provider obtains an appropriate verification in accordance with this Part 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 the regulated activity provider by a registered person (within the meaning of Part 5 of the Police Act 1997), and

      (c) the regulated activity provider obtains from the registered person the information mentioned in sub-paragraph (2) derived from the certificate.

    (2) 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.

    3 (1) This paragraph applies if—

      (a) a regulated activity provider permits B to engage in an activity that is regulated activity,

      (b) B engages in the activity with the permission of that and another regulated activity provider (C), and

      (c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

    (2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from C—

      (a) that C is appropriately registered in relation to B,

      (b) that C has no reason to believe that B is barred from the activity, and

      (c) that C has no reason to believe that B is not subject to monitoring in relation to the activity.

    4 (1) This paragraph applies if—

      (a) a regulated activity provider permits B to engage in regulated activity,

      (b) B is supplied by a personnel supplier, and

      (c) the permission does not have continuous effect for a period exceeding the prescribed period.

    (2) The regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from the personnel supplier—

      (a) that the personnel supplier is appropriately registered in relation to B,

      (b) that the personnel supplier has no reason to believe that B is barred from the activity, and

      (c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity.

Part 2

Prescribed verification

5 A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—

      (a) he ascertains in the prescribed manner whether B is subject to monitoring in relation to the activity, and

      (b) he takes prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to him.

    6 (1) This paragraph applies if—

      (a) a regulated activity provider permits B to engage in an activity that is regulated activity,

      (b) B engages in the activity with the permission of that and another regulated activity provider (C), and

      (c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

    (2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—

      (a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and

      (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

    (3) The confirmation is written confirmation—

      (a) that C is appropriately registered in relation to B,

      (b) that C has no reason to believe that B is barred from the activity,

      (c) that C has no reason to believe that B is not subject to monitoring in relation to the activity, and

      (d) that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

    7 (1) This paragraph applies if—

      (a) a regulated activity provider permits B to engage in regulated activity,

      (b) B is supplied by a personnel supplier, and

      (c) the permission does not have continuous effect for a period exceeding the prescribed period.

    (2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—

      (a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and

      (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

    (3) The confirmation is written confirmation—

      (a) that the personnel supplier is appropriately registered in relation to B,

      (b) that the personnel supplier has no reason to believe that B is barred from the activity,

      (c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and

      (d) that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

Part 3

Prescribed verification

8 A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.

    9 (1) This paragraph applies if—

      (a) a regulated activity provider permits B to engage in an activity that is regulated activity,

      (b) B engages in the activity with the permission of that and another regulated activity provider (C), and

      (c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

    (2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C—

      (a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and

      (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

    (3) The confirmation is written confirmation—

      (a) that C is appropriately registered in relation to B,

      (b) that C has no reason to believe that B is barred from the activity,

      (c) that C has no reason to believe that B is not subject to monitoring in relation to the activity, and

      (d) that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

    10 (1) This paragraph applies if—

      (a) a regulated activity provider permits B to engage in regulated activity,

      (b) B is supplied by a personnel supplier, and

      (c) the permission does not have continuous effect for a period exceeding the prescribed period.

    (2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—

      (a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and

      (b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

    (3) The confirmation is written confirmation—

      (a) that the personnel supplier is appropriately registered in relation to B,

      (b) that the personnel supplier has no reason to believe that B is barred from the activity,

      (c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and

      (d) that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

Part 4

Definitions and power to amend

11 In this Schedule “enhanced criminal record certificate” means—

      (a) in relation to regulated activity relating to children, 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 regulated activity relating to vulnerable adults, 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).

12 For the purposes of this Schedule an enhanced criminal record certificate is issued in relation to a regulated activity provider, or personnel supplier, only if—

      (a) he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997 (c. 50), or

      (b) the application was countersigned on his behalf by such a person.

13 For the purposes of this Schedule a regulated activity provider, or personnel supplier, is “appropriately registered” in relation to B if—

      (a) he is registered in relation to B under section (notification of cessation of monitoring),

      (b) his registration relates to monitoring in relation to the activity that he has permitted or supplied B to engage in, and

      (c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.

14 The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.’.


Secretary Alan Johnson

NS4

 

    To move the following Schedule:—

‘Transitional provisions

    Advice by IBB

1 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

    2 (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

    3 (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

4 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

    5 (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.’.

ORDER OF THE HOUSE [19TH JUNE 2006]

       That the following provisions shall apply to the Safeguarding Vulnerable Groups Bill [Lords]:

Committal

        1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

        2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 13th July.

        3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of any Message from the Lords) may be programmed.


 
 
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