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

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Secretary Alan Johnson

85

Page 26, line 3 [Clause 36], at end insert—

        ‘( ) the National Assembly for Wales in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);’.

Secretary Alan Johnson

86

Page 26, line 10 [Clause 36], at end insert—

        ‘( ) the Public Guardian in the exercise of his functions;’.

Secretary Alan Johnson

87

Page 26, line 14 [Clause 36], at end insert—

        ‘( ) the Charity Commissioners for England and Wales in the exercise of their functions;’.

Secretary Alan Johnson

88

Page 26, line 33 [Clause 37], leave out subsection (4).

Secretary Alan Johnson

89

Page 26, line 37 [Clause 38], leave out paragraphs (a) and (b) and insert ‘has information that it thinks is relevant to a supervisory authority’.


Secretary Alan Johnson

90

Page 27, line 2 [Clause 38], at end insert ‘or information that any of the events mentioned in section (supervisory authorities: notification of barring &c in respect of children)(1)(a), (b) and (c) or (supervisory authorities: notification of barring &c in respect of vulnerable adults)(1)(a), (b) and (c) has occurred in relation to a person’.

Secretary Alan Johnson

91

Page 27, line 3 [Clause 38], leave out subsection (4).

Secretary Alan Johnson

236

Page 27, line 6, leave out Clause 39.

Secretary Alan Johnson

237

Page 27, line 26, leave out Clause 40.


Secretary Alan Johnson

92

Page 28, line 29 [Clause 43], at end insert—

      ‘( ) The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—

        (a) carried out in the course of a family relationship;

        (b) carried out in the course of a personal relationship.’.

Secretary Alan Johnson

93

Page 28, line 30 [Clause 43], leave out subsection (6).


Secretary Alan Johnson

94

Page 31, line 6 [Clause 45], leave out ‘have the same meaning as in’ and insert ‘must be construed in accordance with’.

Annette Brooke
Sarah Teather

249

Page 31, line 7 [Clause 45], at end insert ‘“harm” has the same meaning as in section 31(9) of the Children Act 1989 (c. 41) but shall also include financial harm.’.

Secretary Alan Johnson

95

Page 31, line 16 [Clause 45], at end insert—

      ‘“supervisory authority” must be construed in accordance with section 36(7).’.

Secretary Alan Johnson

96

Page 31, line 21 [Clause 45], at end insert—

      ‘( ) Nothing in this Act affects any power to provide information that exists apart from this Act.’.

Secretary Alan Johnson

97

Page 31, line 32 [Clause 46], at end insert—

        ‘( ) by order under section (Devolution: alignment)(1) if it contains provision amending this Act or confers power to make subordinate legislation,’.

Secretary Alan Johnson

238

Page 31, line 32 [Clause 46], at end insert—

        ‘( ) in regulations under section (Controlled activity: regulations),’.

Secretary Alan Johnson

98

Page 31, line 33 [Clause 46], after ‘48(2)’ insert—

        ‘(ea) by order under paragraph 5A or 10A of Schedule 2,’.

Secretary Alan Johnson

99

Page 31, line 33 [Clause 46], leave out ‘by order’.

Annette Brooke
Sarah Teather

251

Page 31, line 34 [Schedule 2], leave out paragraph (f).


Secretary Alan Johnson

100

Page 32 [Clause 48], leave out line 3 and insert at end insert—

      ‘(1) Power to make subordinate legislation under this Act includes power to make—’.

Secretary Alan Johnson

101

Page 32 [Clause 48], leave out lines 6 to 8 and insert ‘as the person making the subordinate legislation thinks necessary or expedient’.

Secretary Alan Johnson

102

Page 32, line 9 [Clause 48], at beginning insert—

      ‘(1A) The Secretary of State may by order may make such further provision as he considers appropriate—

        (a) for the general purposes, or any particular purpose, of this Act;

        (b) in consequence of any provision made by this Act;

        (c) for giving full effect to this Act or any provision made by it.’.

Secretary Alan Johnson

103

Page 32, line 9 [Clause 48], leave out ‘An order’ and insert ‘Subordinate legislation’.

Secretary Alan Johnson

104

Page 32, line 9 [Clause 48], after ‘subsection (1)’ insert ‘or (2)’.

Secretary Alan Johnson

105

Page 32, line 10 [Clause 48], at end insert—

      ‘( ) References in this section to subordinate legislation are to an order or regulations under this Act.’.

Secretary Alan Johnson

106

Page 32, line 16 [Clause 50], leave out ‘(2)’ and insert ‘(3)’.

Secretary Alan Johnson

107

Page 32, line 18 [Clause 50], leave out subsection (2).

Secretary Alan Johnson

108

Page 32, line 20 [Clause 50], leave out ‘and 24’ and insert ‘, 24 and 41’.


New Schedules

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.’.


 
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Prepared: 23 October 2006