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)’.

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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Prepared: 23 October 2006