| Safeguarding Vulnerable Groups Bill [Lords], As Amended - continued | House of Commons |
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Secretary Alan Johnson 50 Page 9, line 39 [Clause 14], leave out subsections (1) and (2) and insert— ‘(1) Regulated activity falls within this section if it is carried out for the purposes of or in connection with any of the following— (a) an establishment for the detention of persons in lawful custody (within the meaning of section 44(7)(a) to (c)); (b) a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults; (c) a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description; (d) the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing; (e) welfare services of a prescribed description; (f) dealing with payments by a person appointed to receive them as mentioned in section 44(10)(f). (2) Activity does not fall within this section if the individual engaging in the activity is a prison officer acting in the course of his duty. (2A) In subsection (2) “prison officer” includes— (a) a prisoner custody officer within the meaning of section
89(1) of the (b) a custody officer within the meaning of section 12(3) of the Criminal Justice and Public Order Act 1994. (2B) Activity does not fall within this section by virtue of paragraph (b) of subsection (1) if— (a) the activity is carried out by or for a local authority in connection with the provision of community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990; (b) the activity is carried out by or in an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000; (c) the activity is carried out by an agency in relation to which such a requirement arises; (d) the activity is carried out by a person to whom Part 2 of that Act applies in pursuance of an order under section 42 of that Act of 2000; (e) the activity is carried out by an NHS body within the meaning of section 15(3) or by a person who provides health care for such a body.’. Mr Paul Burstow 193 Page 10, line 12 [Clause 14], leave out paragraph (h). Secretary Alan Johnson 51 Page 10, line 23 [Clause 14], leave out ‘(c), (d), (e) and (f)’ and insert ‘(b), (c), (d) and (e)’. Secretary Alan Johnson 52 Page 10, line 38 [Clause 15], leave out ‘in pursuance of arrangements made by another person’. Secretary Alan Johnson 53 Page 10, line 45 [Clause 15], after second ‘employment’ insert ‘— (a) ’. Secretary Alan Johnson 54 Page 10, line 45 [Clause 15], after ‘body’ insert ‘, or (b) with a person who provides health care for an NHS body (wherever the health care is provided).’. Secretary Alan Johnson 55 Page 11, line 5 [Clause 15], leave out paragraph (d). Secretary Alan Johnson 229 Page 11, line 10 [Clause 16], leave out ‘or 11’ and insert ‘11, (controlled activity: regulations), (prohibition of requirement to produce certain records) or 30 or Schedule (Employment business: failure to check)’. Secretary Alan Johnson 230 Page 11, line 16 [Clause 16], leave out ‘or 11’ and insert ‘11, (controlled activity: regulations), (prohibition of requirement to produce certain records) or 30 or Schedule (Employment business: failure to check)’. Secretary Alan Johnson 231 Page 11, line 24, leave out Clause 17. Secretary Alan Johnson 56 Page 12, line 1 [Clause 18], after ‘person’ insert ‘or it is carried out by the same person on more than two days in any period of 30 days’. Secretary Alan Johnson 57 Page 12, line 6 [Clause 18], at end insert ‘or it is carried out by the same person on more than two days in any period of 30 days’. Secretary Alan Johnson 58 Page 12, line 6 [Clause 18], at end insert— ‘( ) it is carried out by the person while engaging in any form of work (whether or not for gain),’. Secretary Alan Johnson 59 Page 12, line 9 [Clause 18], at end insert— ‘( ) An activity falls within this subsection if— (a) it consists in making payments under section 17A of the Children Act 1989 or the provision of assistance either in connection with the making of such payments or securing the provision of services paid for out of them, (b) it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and (c) it gives the person the opportunity mentioned in subsection (7)(a).’. Secretary Alan Johnson 60 Page 12, line 9 [Clause 18], at end insert— ‘(4A) An activity falls within this subsection if it is carried out as mentioned in subsection (7B) frequently and it gives a person carrying out the activity the opportunity to have access to— (a) health, educational or social services records relating to children; (b) information provided pursuant to section 117(1) of the Learning and Skills Act 2000; (c) in the case of a person carrying out an activity mentioned in subsection (7B)(b), records of family proceedings (within the meaning of section 8(3) of the Children Act 1989) held by the Children and Family Court Advisory and Support Service; (d) in the case of a person carrying out an activity mentioned in subsection (7B)(c), records of family proceedings (within the meaning of section 8(3) of the Children Act 1989) held by the National Assembly for Wales.’. Secretary Alan Johnson 61 Page 12, line 12 [Clause 18], leave out ‘or (4)’ and insert ‘(4) or (4A)’. Secretary Alan Johnson 62 Page 12, line 21 [Clause 18], at end insert— ‘(7B) The activity is carried out— (a) for, or on behalf of, a local authority (in the exercise of its educational or social services functions); (b) for, or on behalf of, the Children and Family Court Advisory and Support Service; (c) for, or on behalf of, the National Assembly for Wales (in the exercise of its functions under Part 4 of the Children Act 2004 (Welsh family proceedings)); (d) for, or on behalf of, the Qualifications and Curriculum Authority; (e) for, or on behalf of, Her Majesty’s Chief Inspector of Schools in England; (f) for, or on behalf of, HM Chief Inspector of Education and Training in Wales; (g) for, or on behalf of, an establishment or agency in respect of which a requirement to register arises under section 11 of the Care Standards Act 2000. (7C) In this section— “educational records” includes individual child information within the meaning of— (a) section 99 of Childcare Act 2006, (b) that section as modified by section 100 of that Act, or (c) section 101 of that Act; “local authority”— (d) in relation to the education functions of a local authority, has the same meaning as in section 579(1) of the Education Act 1996; (e) in any other case, has the meaning given by section 1 of the Local Authorities Social Services Act 1970; “social services functions” has the meaning given by section 1A of that Act; “social services records” means records obtained or held by a local authority in the exercise of its social services functions.’. Secretary Alan Johnson 63 Page 12, line 22 [Clause 18], leave out ‘(7)’ and insert ‘(7C)’. Secretary Alan Johnson 64 Page 12, line 31 [Clause 19], after ‘person’ insert ‘or it is carried out by the same person on more than two days in any period of 30 days’. Secretary Alan Johnson 65 Page 12, line 42 [Clause 19], at end insert— Secretary Alan Johnson 66 Page 13, line 2 [Clause 19], after ‘records’ insert ‘or social services records (within the meaning of section 18(7C))’. Secretary Alan Johnson 67 Page 13, line 18 [Clause 19], at end insert— ‘() a Local Health Board;’. Secretary Alan Johnson 232 Page 13, line 44, leave out Clause 20. Secretary Alan Johnson 68 Page 14, line 33 [Clause 21], leave out ‘the prescribed fee’ and insert ‘such fee (if any) as is prescribed’. Secretary Alan Johnson 69 Page 14, line 41 [Clause 21], leave out paragraph (c) and insert— ‘(3A) The Secretary of State must— (a) provide the individual with any disclosable information that he has, or (b) notify the individual that he has no disclosable information. (3B) Disclosable information is information provided to the Secretary of State under subsection (3)(b) in relation to the individual, but does not include information to which subsection (6) applies. (3C) Subsection (3A) does not apply if the individual made
an application for an enhanced criminal record certificate (under section
113B of the Mrs Maria Miller
198 Page 15, line 5 [Clause 21], at end insert— ‘(c) specific enquiries are made to provide further relevant information on individuals who have resided outside the UK or who are usually resident outside the UK.’. Secretary Alan Johnson 70 Page 15, line 16 [Clause 21], leave out subsection (7). Secretary Alan Johnson 71 Page 15, line 31 [Clause 21], leave out ‘United Kingdom Passport Agency’ and insert ‘Identity and Passport Service’. Secretary Alan Johnson 72 Page 15, line 39 [Clause 21], at end insert ‘as if an application under this section were an application under that section’. Mrs Maria Miller
200 Page 15, line 39 [Clause 21], at end add— ‘(13) The Secretary of State must ensure that— (a) employers, voluntary organisations and employees are made aware of their rights and responsibilities under the terms of the Act, (b) communication is undertaken to ensure that all parties are aware of which positions require monitoring, (c) employers make potential employees aware of the monitoring status of each position as part of the recruitment process, (d) any variations to the positions that are covered by monitoring are sufficiently communicated to employers, voluntary organisations, current and potential employees.’. Secretary Alan Johnson 73 Page 16, line 28 [Clause 23], at end insert— ‘( ) all cases in which information is withheld from an individual because it is information to which section 21(6) of the Safeguarding Vulnerable Groups Act 2006 applies; ( ) a sample of cases in which relevant information (within the meaning of section 21(5)(b) of that Act) is provided to an individual in pursuance of section 21(3A)(a) of that Act.’. Mrs Maria Miller
250 Page 16, line 28 [Clause 23], at end insert— ‘(5A) The Independent Monitor will review on an annual basis the quality of information provided by the IBB from regulated activity providers and any person who holds the records of convictions or cautions for the use of police forces.’. Secretary Alan Johnson 74 Page 17, line 20, leave out Clause 25. Secretary Alan Johnson 75 Page 17, line 23, leave out Clause 26. Secretary Alan Johnson 233 Page 18, line 25 [Clause 27], leave out ‘person having any responsibility for the management or control of controlled activity’ and insert ‘responsible person (within the meaning of section (Controlled activity: regulations))’. Mrs Maria Miller
11 Page 18, line 34 [Clause 27], leave out ‘thinks’ and insert ‘has reason to suspect’. Mrs Maria Miller
204 Page 18, line 44 [Clause 27], at end insert— ‘(4B) In this section— “harm” means ill-treatment or the impairment of health, dignity or development; “dignity” means identity, self esteem and self respect, and inclusion in social participation and interaction, “development” means physical, intellectual, emotional, social or behavioural development’ “health” means physical or mental health, “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.’. Mrs Maria Miller
205 Page 18, line 44 [Clause 27], at end insert— ‘(4C) In this section harm includes intentionally or negligently causing a child or vulnerable adult to suffer financial loss or deprivation.’. Secretary Alan Johnson 76 Page 19, line 5 [Clause 27], leave out subsection (6) and insert— ‘(6) If regulated activity engaged in by P— (a) is regulated activity relating to vulnerable adults, and (b) falls within section 14, subsection (2) must be read as if for “must” there were substituted “may”.’. Secretary Alan Johnson 234 Page 20, line 22 [Clause 29], leave out ‘person having any responsibility for the management or control of controlled activity’ and insert ‘responsible person (within the meaning of section (Controlled activity: regulations))’. Secretary Alan Johnson 77 Page 21, line 28 [Clause 31], leave out subsection (5). Secretary Alan Johnson 78 Page 22, line 33 [Clause 33], leave out subsection (5). Secretary Alan Johnson 79 Page 23, line 4 [Clause 33], leave out subsection (8) and insert— ‘(8) In this section— (a) a relevant register is a register appearing in column 1 of the following table, and (b) in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
(9) The Secretary of State may by order amend the table in subsection (8) by inserting an entry or amending or omitting an entry for the time being contained in the table.’. Secretary Alan Johnson 80 Page 23, line 16 [Clause 34], leave out ‘35(5)’ and insert ‘33(8)’. Secretary Alan Johnson 235 Page 23 [Clause 35], leave out line 38 and insert— ‘( ) But, in that subsection, relevant information does not include— (a) information that any of the events mentioned in subsection (1)(a) and (b) has occurred in relation to the person; (b) the information mentioned in subsection (2)(b); (c) information falling within paragraph 17(5) of Schedule 2.’. Secretary Alan Johnson 81 Page 23, line 40 [Clause 35], leave out ‘the following table’ and insert ‘entry 1 or 8 of the table in section 33(8)’. Secretary Alan Johnson 82 Page 24, line 1 [Clause 35], leave out lines 1 to 44. Mr Paul Burstow 194 Page 24, line 41, column 1 [Clause 35], at
end insert— Mr Paul Burstow 195 Page 24, line 41, column 2 [Clause 35], at
end insert— Secretary Alan Johnson 83 Page 25, line 4 [Clause 35], leave out subsection (8). Secretary Alan Johnson 84 Page 25, line 10 [Clause 35], leave out subsection (9). Mrs Maria Miller
197 Page 25, line 12 [Clause 35], at end add— ‘(10) The Secretary of State must make information on the dates that a monitored individual has been resident in the UK available to an individual requesting information on monitored status.’. |
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| © Parliamentary copyright 2006 | Prepared: 23 October 2006 |