rs2122310.1071-1077

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

1071

House of Commons

Monday 23rd October 2006

Report Stage Proceedings

Safeguarding Vulnerable Groups Bill [Lords], As Amended

New Clauses

Fostering

Secretary Alan Johnson

Added  NC1

To move the following Clause:—

‘(1)
Despite section 43, this Act applies to activity that is regulated activity by virtue

of paragraph 1(5C) of Schedule 3.

(2)
Subsection (1) does not affect the operation of this Act in relation to any other

activity that is carried out in connection with a foster child.

(3)
Subsection (4) applies if a person (P)—

(a)
makes arrangements for another person to foster a child as a private foster

parent, and

(b)
has power to terminate the arrangements.

(4)
P is, if he would not otherwise be, a regulated activity provider in relation to

fostering carried out by the foster parent in pursuance of the arrangements.

(5)
The following provisions of this section apply for the purposes of this Act.

(6)
A person fosters a child if he is a foster parent of the child.

(7)
A person is a foster parent if—

(a)
he is a local authority foster parent within the meaning of section 23(3)

of the Children Act 1989;

(b)
he is a person with whom a child has been placed by a voluntary

organisation under section 59(1)(a) of that Act;

(c)
he is a private foster parent.

(8)
A person is a private foster parent if he falls within subsection (9) and looks after

a child—

(a)
for reward, or

(b)
in pursuance of an arrangement made by someone other than a member

of the child’s family.

(9)
A person falls within this subsection if—

(a)
he fosters the child privately within the meaning of section 66(1) of the

Children Act 1989,

(b)
he would be so fostering the child but for subsection (2) of that section

(minimum period of 28 days), or

Report Stage Proceedings: 23rd October 2006
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Safeguarding Vulnerable Groups Bill–[ [], continued

(c)
(in the case of a child who has attained the age of 16) he would fall within

paragraph (a) or (b) if the child were under the age of 16.

(10)
A person’s family includes—

(a)
the person’s foster child;

(b)
the foster child of any member of the person’s family;


and references to a family relationship and family member are to be construed

accordingly.’.

Monitoring: fees

Secretary Alan Johnson

Added  NC2

To move the following Clause:—

‘(1)
This section has effect in respect of fees which may be prescribed in relation to

applications for monitoring under section 21.

(2)
In setting a fee for an application made during the period of five years beginning

with the commencement of that section, the Secretary of State may take account

of expenditure incurred, or which he thinks will be incurred, by him before the

end of that period (taking one financial year with another)—

(a)
in connection with the operation of IBB (including payments under

paragraph 10A of Schedule 1);

(b)
in respect of any other expenditure of the Secretary of State in connection

with his functions under this Act.

(3)
In setting a fee for an application made after that period, the Secretary of State

may take account of expenditure incurred, or which he thinks will be incurred, by

him—

(a)
in making payments under paragraph 10A of Schedule 1;

(b)
in respect of any other expenditure of the Secretary of State in connection

with his functions under this Act.

(4)
For the purposes of subsection (2), it is immaterial that any expenditure is

incurred before the commencement of section 21.

(5)
The power to prescribe fees is exercisable only with the consent of the Treasury.

(6)
Fees received by the Secretary of State by virtue of section 21(1)(d) must be paid

into the Consolidated Fund.’.

Provision of vetting information

Secretary Alan Johnson

Added  NC3

To move the following Clause:—

‘(1)
The Secretary of State must provide a person (A) with the information mentioned

in subsection (4) in relation to another (B) if—

(a)
A makes an application for the information,

Report Stage Proceedings: 23rd October 2006
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Safeguarding Vulnerable Groups Bill–[ [], continued

(b)
the application contains the appropriate declaration, and

(c)
the Secretary of State has no reason to believe that the declaration is false.

(2)
The appropriate declaration is a declaration by A—

(a)
that he falls within column 1 of a specified entry, and

(b)
that B has consented to the provision of the information to A.

(3)
In this section references to a specified entry are to an entry in the table in

Schedule 4 specified by A in his declaration.

(4)
The information is—

(a)
if column 2 of the specified entry refers to children, relevant information

relating to children, and

(b)
if column 2 of the specified entry refers to vulnerable adults, relevant

information relating to vulnerable adults.

(5)
Paragraph (b) of subsection (2) does not apply if the specified entry is 17.

(6)
If B consents to the provision of information to A in relation to an application

under this section, the consent also has effect in relation to any subsequent such

application by A.

(7)
The Secretary of State may prescribe the form, manner and contents of an

application for the purposes of this section (including the form and manner of a

declaration contained in such an application).

(8)
The Secretary of State may by regulations make provision requiring a local

authority which makes or proposes to make payments to or on behalf of a person

in accordance with regulations under section 17A of the Children Act 1989

(c. 41) or section 57 of the Health and Social Care Act 2001 (c. 15) to inform the

person of his right to obtain relevant information under this section.’.

Meaning of relevant information in section (provision of vetting information)

Secretary Alan Johnson

Added  NC4

To move the following Clause:—

‘(1)
This section has effect for the purposes of section (provision of vetting

information).

(2)
Relevant information relating to children is—

(a)
whether B is subject to monitoring in relation to regulated activity

relating to children, and

(b)
if so, whether he is undergoing assessment.

(3)
Relevant information relating to vulnerable adults is—

(a)
whether B is subject to monitoring in relation to regulated activity

relating to vulnerable adults, and

(b)
if so, whether he is undergoing assessment.

(4)
B is undergoing assessment if—

(a)
the Secretary of State is required to notify B as mentioned in section

21(3A) in connection with B’s monitoring application but has not yet

done so;

(b)
B has made a simultaneous application under section 113B of the Police

Act 1997 but the Secretary of State has not yet issued an enhanced

criminal record certificate under that section;

Report Stage Proceedings: 23rd October 2006
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Safeguarding Vulnerable Groups Bill–[ [], continued

(c)
in relation to subsection (2)(b), IBB is considering whether to include B

in the children’s barred list in pursuance of paragraph 3 or 5 of

Schedule 2;

(d)
in relation to subsection (3)(b), IBB is considering whether to include B

in the adults’ barred list in pursuance of paragraph 8 or 10 of that

Schedule.

(5)
In subsection (4)(b) “simultaneous application” means an application made

simultaneously with B’s monitoring application under section 21.

(6)
The Secretary of State may by order amend the preceding provisions of this

section for the purpose of altering the meaning of relevant information relating to

children or vulnerable adults (as the case may be).’.

Notification of cessation of monitoring

Secretary Alan Johnson

Added  NC5

To move the following Clause:—

‘(1)
The Secretary of State must establish and maintain a register for the purposes of

this section.

(2)
The Secretary of State must register a person (A) in relation to another (B) if—

(a)
A makes an application to be registered in relation to B,

(b)
the application contains the appropriate declaration,

(c)
the Secretary of State has no reason to believe that the declaration is false,

and

(d)
B is subject to monitoring in relation to the regulated activity to which

the application relates.

(3)
The appropriate declaration is a declaration by A—

(a)
that he falls within column 1 of a specified entry, and

(b)
that B has consented to the application.

(4)
In this section references to a specified entry are to an entry in the table in

Schedule 4 specified by A in his declaration.

(5)
A’s application and registration relate—

(a)
if column 2 of the specified entry refers to children, to regulated activity

relating to children;

(b)
if column 2 of the specified entry refers to vulnerable adults, to regulated

activity relating to vulnerable adults.

(6)
The Secretary of State must notify A if B ceases to be subject to monitoring in

relation to the regulated activity to which A’s registration relates.

(7)
The requirement under subsection (6) is satisfied if notification is sent to any

address recorded against A’s name in the register.

(8)
Paragraph (b) of subsection (3) does not apply if the specified entry is 17.

(9)
If B consents to the provision of information to A under section (provision of

vetting information) the consent also has effect as consent to any application by

A to be registered in relation to B under this section.

Report Stage Proceedings: 23rd October 2006
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Safeguarding Vulnerable Groups Bill–[ [], continued

(10)
The Secretary of State may prescribe the form, manner and contents of an

application for the purposes of this section (including the form and manner of a

declaration contained in such an application).’.

Cessation of registration

Secretary Alan Johnson

Added  NC6

To move the following Clause:—

‘(1)
In this section references to registration are to registration in the register

maintained for the purposes of section (notification of cessation of monitoring).

(2)
Once a person is notified as mentioned in subsection (6) of that section, his

registration ceases.

(3)
The Secretary of State may cancel a person’s registration in such circumstances

as are prescribed.

(4)
The Secretary of State must cancel a person’s registration—

(a)
if the person applies for it to be cancelled;

(b)
in prescribed circumstances, if the person in relation to whom he is

registered applies for it to be cancelled.

(5)
When a person’s registration is cancelled under subsection (3) or (4)(b), the

Secretary of State must notify him of that fact.

(6)
The requirement under subsection (5) is satisfied if notification is sent to any

address recorded against P’s name in the register.’.

Declarations under sections (provision of vetting information) and (notification of

cessation of monitoring)

Secretary Alan Johnson

Added  NC7

To move the following Clause:—

‘(1)
An individual commits an offence if, in an application made for the purposes of

section (provision of vetting information) or (notification of cessation of

monitoring)—

(a)
he makes a false declaration, and

(b)
he either knows that it is false or is reckless as to whether it is false.

(2)
A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.’.

Report Stage Proceedings: 23rd October 2006
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Safeguarding Vulnerable Groups Bill–[ [], continued

Registers: power to apply for vetting information

Secretary Alan Johnson

Added  NC8

To move the following Clause:—

‘(1)
If the keeper of a relevant register applies to the Secretary of State for information

within subsection (2) in relation to a person (B), the Secretary of State must

provide the keeper of the register with that information.

(2)
The information within this subsection is—

(a)
whether B is barred from regulated activity relating to children or

vulnerable adults,

(b)
whether IBB is considering whether to include B in a barred list in

pursuance of paragraph 3 or 5 or 8 or 10 of Schedule 2,

(c)
whether B is subject to monitoring in relation to regulated activity

relating to children or vulnerable adults,

(d)
if B is subject to such monitoring and the Secretary of State is required to

notify B as mentioned in section 21(3A), whether the Secretary of State

has yet done so, and

(e)
if B is subject to such monitoring and has made a simultaneous

application under section 113B of the Police Act 1997, whether the

Secretary of State has yet issued an enhanced criminal record certificate

under that section.

(3)
The keeper of a relevant register may apply for information under this section in

relation to a person only if—

(a)
the person appears in the register, or

(b)
the person is being considered for inclusion in the register.

(4)
In this section—

(a)
a relevant register is a register appearing in column 1 of entry 1 or 8 of

the table in section 33(8), and

(b)
in relation to a relevant register, the keeper of the register is the

corresponding person appearing in column 2 of the table.

(5)
In subsection (2)(e) “simultaneous application” means an application made

simultaneously with B’s monitoring application under section 21.

(6)
The Secretary of State may by order amend this section for the purpose of altering

the information within subsection (2).

(7)
The Secretary of State may prescribe the form, manner and contents of an

application for the purposes of this section.’.

Supervisory authorities: power to apply for vetting information

Secretary Alan Johnson

Added  NC9

To move the following Clause:—

‘(1)
If a supervisory authority applies to the Secretary of State for information within

subsection (2) or (3) relating to a person (B), the Secretary of State must provide

the supervisory authority with that information.

(2)
The information within this subsection is—

Report Stage Proceedings: 23rd October 2006
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Safeguarding Vulnerable Groups Bill–[ [], continued

(a)
whether B is barred from regulated activity relating to children,

(b)
whether IBB is considering whether to include B in the children’s barred

list in pursuance of paragraph 3 or 5 of Schedule 2,

(c)
whether B is subject to monitoring in relation to regulated activity

relating to children,

(d)
if B is subject to such monitoring and the Secretary of State is required to

notify B as mentioned in section 21(3A) in connection with his

monitoring application, whether the Secretary of State has yet done so,

and

(e)
if B is subject to such monitoring and has made a simultaneous

application under section 113B of the Police Act 1997, whether the

Secretary of State has yet issued an enhanced criminal record certificate

under that section.

(3)
The information within this subsection is—

(a)
whether B is barred from regulated activity relating to vulnerable adults,

(b)
whether IBB is considering whether to include B in the adults’ barred list

in pursuance of paragraph 8 or 10 of Schedule 2,

(c)
whether B is subject to monitoring in relation to regulated activity

relating to vulnerable adults,

(d)
if B is subject to such monitoring and the Secretary of State is required to

notify B as mentioned in section 21(3A) in connection with his

monitoring application, whether the Secretary of State has yet done so,

and

(e)
if B is subject to such monitoring and has made a simultaneous

application under section 113B of the Police Act 1997, whether the

Secretary of State has yet issued an enhanced criminal record certificate

under that section.

(4)
A supervisory authority may apply for information under this section only if the

information is required in connection with the exercise of a function of the

supervisory authority mentioned in section 36(7).

(5)
In subsections (2)(e) and (3)(e), “simultaneous application” means an application

made simultaneously with B’s monitoring application under section 21.

(6)
The Secretary of State may by order amend this section for the purpose of altering

the information within subsection (2) or (3).

(7)
The Secretary of State may prescribe the form, manner and contents of an

application for the purposes of this section.’.

Supervisory authorities: notification of barring &c. in respect of children

Secretary Alan Johnson

Added  NC10

To move the following Clause:—

‘(1)
This section applies if—

(a)
a person is newly included in the children’s barred list,

(b)
the Secretary of State becomes aware that a person is subject to a relevant

children’s disqualification, or