|
|
| |
| |
|
| | (c) | having been subject to monitoring in relation to regulated activity |
|
| | relating to children, a person ceases to be so subject by virtue of section |
|
| | |
| | (2) | The Secretary of State must notify every interested supervisory authority of the |
|
| | circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of |
|
| | |
| | (3) | A supervisory authority is an interested supervisory authority only if— |
|
| | (a) | it has applied to the Secretary of State to be notified if any of the |
|
| | circumstances mentioned in subsection (1) occurs in relation to the |
|
| | |
| | (b) | the application has not been withdrawn. |
|
| | (4) | A supervisory authority may apply to the Secretary of State under subsection |
|
| | (3)(a) only if the notification is required in connection with the exercise of a |
|
| | function of the supervisory authority mentioned in section 36(7). |
|
| | (5) | For the purposes of subsection (3)(b) an application is withdrawn if the |
|
| | supervisory authority notifies the Secretary of State that it no longer wishes to be |
|
| | notified if any of the circumstances mentioned in subsection (1) occurs in relation |
|
| | |
| | (6) | A person is subject to a relevant children’s disqualification if he is included in a |
|
| | list maintained under the law of Scotland or Northern Ireland which the Secretary |
|
| | of State specifies by order as corresponding to the children’s barred list. |
|
| | (7) | The Secretary of State may provide that in prescribed circumstances a |
|
| | supervisory authority is not an interested supervisory authority for the purposes |
|
| | |
| | (8) | 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 vulnerable adults |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section applies if— |
|
| | (a) | a person is newly included in the adults’ barred list, |
|
| | (b) | the Secretary of State becomes aware that a person is subject to a relevant |
|
| | adults’ disqualification, or |
|
| | (c) | having been subject to monitoring in relation to regulated activity |
|
| | relating to vulnerable adults, a person ceases to be so subject by virtue of |
|
| | |
| | (2) | The Secretary of State must notify every interested supervisory authority of the |
|
| | circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of |
|
| | |
| | (3) | A supervisory authority is an interested supervisory authority only if— |
|
| | (a) | it has applied to the Secretary of State to be notified if any of the |
|
| | circumstances mentioned in subsection (1) occurs in relation to the |
|
| | |
| | (b) | the application has not been withdrawn. |
|
|
|
| |
| |
|
| | (4) | A supervisory authority may apply to the Secretary of State under subsection |
|
| | (3)(a) only if the notification is required in connection with the exercise of a |
|
| | function of the supervisory authority mentioned in section 36(7). |
|
| | (5) | For the purposes of subsection (3)(b) an application is withdrawn if the |
|
| | supervisory authority notifies the Secretary of State that it no longer wishes to be |
|
| | notified if any of the circumstances mentioned in subsection (1) occurs in relation |
|
| | |
| | (6) | A person is subject to a relevant adults’ disqualification if he is included in a list |
|
| | maintained under the law of Scotland or Northern Ireland which the Secretary of |
|
| | State specifies by order as corresponding to the adults’ barred list. |
|
| | (7) | The Secretary of State may provide that in prescribed circumstances a |
|
| | supervisory authority is not an interested supervisory authority for the purposes |
|
| | |
| | (8) | The Secretary of State may prescribe the form, manner and contents of an |
|
| | application for the purposes of this section.’. |
|
| |
| | Prohibition of requirement to produce certain records |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person (P) must not, in connection with— |
|
| | (a) | the recruitment of another person as an employee, or |
|
| | (b) | the continued employment of another person, |
|
| | | require that other person or a third party to supply him with a relevant record. |
|
| | (2) | A person concerned with the provision (for payment or not) of goods, facilities or |
|
| | services to the public or a section of the public must not, as a condition of |
|
| | providing or offering to provide any goods, facilities or services to another |
|
| | person, require that other person or a third party to supply him with a relevant |
|
| | |
| | (3) | Subsection (1) does not apply if the duties of the employee include activity of a |
|
| | kind mentioned in paragraph 2(1) or 6(1) of Schedule 3 and the activity is for, or |
|
| | |
| | |
| | (b) | a child, or vulnerable adult, who is a member of P’s family; |
|
| | (c) | a child, or vulnerable adult, who is a friend of P. |
|
| | (4) | “Family” and “friend” must be construed in accordance with section 43. |
|
| | (5) | A person who contravenes subsection (1) or (2) is guilty of an offence and is |
|
| | liable on summary conviction to a fine not exceeding level 5 on the standard |
|
| | |
| | (6) | A relevant record is the record of information provided by the Secretary of State |
|
| | |
| | (7) | An employee is an individual who— |
|
| | (a) | works under a contract of employment, as defined by section 230(2) of |
|
| | the Employment Rights Act 1996 (c. 18), |
|
| | (b) | provides any service under a contract for services, or |
|
| | |
|
|
| |
| |
|
| | | whether or not he is entitled to remuneration; and “employment” must be |
|
| | |
| |
| | Referrals: findings of fact immaterial |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | For the purposes of the provisions mentioned in subsection (2), it is immaterial |
|
| | whether there is a finding of fact in any proceedings. |
|
| | |
| | section 27(3)(b) and (c); |
|
| | section 28(4)(b) and (c); |
|
| | section 31(2)(b) and (c) and (6)(a); |
|
| | section 33(2)(b) and (c) and (6)(a); |
|
| | section 36(2)(b) and (c) and (5)(a).’. |
|
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may, by order, make such provision (including provision |
|
| | amending any enactment contained in or made under any Act, including this Act) |
|
| | as he thinks necessary or expedient in consequence of or having regard to any |
|
| | relevant Scottish legislation or relevant Northern Ireland legislation. |
|
| | |
| | (a) | include provision for treating a person to whom a monitoring provision |
|
| | applies as if he were subject to monitoring in relation to regulated |
|
| | |
| | (b) | confer power to make subordinate legislation (within the meaning given |
|
| | by the Interpretation Act 1978). |
|
| | (3) | Relevant Scottish legislation is any provision made by or under an Act of the |
|
| | Scottish Parliament which the Secretary of State thinks— |
|
| | (a) | corresponds to provision made by or under this Act, |
|
| | (b) | makes monitoring provision, or |
|
| | (c) | affects the operation of any provision made by or under this Act. |
|
| | (4) | Relevant Northern Ireland legislation is any provision of such legislation which |
|
| | the Secretary of State thinks— |
|
| | (a) | corresponds to provision made by or under this Act |
|
| | (b) | makes monitoring provision, or |
|
| | (c) | affects the operation of any provision made by or under this Act. |
|
|
|
| |
| |
|
| | (5) | Monitoring provision is provision for the collation and disclosure of information |
|
| | relating to persons who engage or wish to engage in activity which the Secretary |
|
| | of State thinks corresponds to regulated activity with children or vulnerable |
|
| | |
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person commits an offence if, in the course of acting or appearing to act on |
|
| | behalf of a regulated activity provider— |
|
| | (a) | he permits an individual (B) to engage in a regulated activity in relation |
|
| | to which B is not subject to monitoring, |
|
| | (b) | he knows or has reason to believe that B is not subject to monitoring in |
|
| | relation to that activity, and |
|
| | (c) | B engages in the activity. |
|
| | (2) | A person commits an offence if, in the course of acting or appearing to act on |
|
| | behalf of a personnel supplier— |
|
| | (a) | he supplies an individual (B) to another (P), |
|
| | (b) | he knows or has reason to believe that P will make arrangements for B to |
|
| | engage in regulated activity from which B is barred, and |
|
| | (c) | he knows or has reason to believe that B is barred from the activity. |
|
| | (3) | A person commits an offence if, in the course of acting or appearing to act on |
|
| | behalf of a personnel supplier— |
|
| | (a) | he supplies an individual (B) to another (P), |
|
| | (b) | he knows or has reason to believe that P will make arrangements for B to |
|
| | engage in regulated activity in relation to which B is not subject to |
|
| | |
| | (c) | he knows or has reason to believe that B is not subject to monitoring in |
|
| | relation to the activity. |
|
| | (4) | A person guilty of an offence under subsection (1) or (3) is liable on summary |
|
| | conviction to a fine not exceeding level 5 on the standard scale. |
|
| | (5) | A person guilty of an offence under subsection (2) is liable— |
|
| | (a) | on conviction on indictment, to imprisonment for a term not exceeding |
|
| | five years, or to a fine, or to both; |
|
| | (b) | on summary conviction, to imprisonment for a term not exceeding 12 |
|
| | months, or to a fine not exceeding the statutory maximum, or to both. |
|
| | (6) | If the commission of an offence under section 11 is due to the act or reckless |
|
| | default of a person who acts for or appears to act for the regulated activity |
|
| | |
| | (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 the regulated activity provider. |
|
| | (7) | In the application of subsection (6) to a person who is in Crown employment |
|
| | (within the meaning of the Employment Rights Act 1996), section (Crown |
|
| | application)(2) must be ignored. |
|
|
|
| |
| |
|
| | (8) | For the purpose of subsections (2)(b) and (3)(b), Schedule 3 is modified as |
|
| | |
| | (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. |
|
| | (9) | In determining what is the appropriate sentence to pass in respect of a person who |
|
| | is convicted of an offence under subsection (1) in a case where the regulated |
|
| | activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court |
|
| | must consider the extent to which the offender had regard to any guidance issued |
|
| | by the Secretary of State as to the circumstances in which an activity is carried |
|
| | |
| | (10) | In relation to an offence committed before the commencement of section 282(3) |
|
| | of the Criminal Justice Act 2003, the reference in subsection (5)(b) to 12 months |
|
| | must be taken to be a reference to six months.’. |
|
| |
| | Section (Offences: other persons): exclusions and defences |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person does not commit an offence under section (Offences: other persons) if |
|
| | B has not attained the age of 16. |
|
| | (2) | A person does not commit an offence under section (Offences: other persons) if |
|
| | |
| | (a) | is regulated activity relating to adults, and |
|
| | (b) | falls within section 14. |
|
| | (3) | A person does not commit an offence under section (Offences: other persons)(1) |
|
| | if, in relation to any continuous period for which B is permitted to engage in the |
|
| | |
| | (a) | the permission is first given before the commencement of that section, |
|
| | |
| | (b) | it continues to have effect after such commencement. |
|
| | (4) | Subsection (3) does not have effect in respect of permission which continues to |
|
| | have effect after such date as the Secretary of State specifies by order. |
|
| | (5) | A person does not commit an offence under subsection (1) of section (Offences: |
|
| | |
| | (a) | the regulated activity provider for whom he acts or appears to act falls |
|
| | |
| | (b) | the permission mentioned in subsection (1) of section (Offences: other |
|
| | persons) commences at a time when B is engaged in relevant NHS |
|
| | employment mentioned in section 15(1)(b) in circumstances mentioned |
|
| | in subsection (3) above, and |
|
| | (c) | for the duration of the permission mentioned in subsection (1) of section |
|
| | (Offences: other persons) B continues to be engaged in that relevant NHS |
|
| | |
|
|
| |
| |
|
| | (6) | A person is not guilty of an offence under section (Offences: other persons)(3) in |
|
| | relation to any period during which B is continuously supplied to another if the |
|
| | period begins before the commencement of that section. |
|
| | (7) | Subsection (6) does not have effect in respect of a supply which continues to have |
|
| | effect after such date as the Secretary of State specifies by order.’. |
|
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State may by regulations provide that a person commits an |
|
| | |
| | (a) | he engages in activity that is regulated activity by virtue of paragraph |
|
| | 1(9) or 6(9) of Schedule 3, and |
|
| | (b) | he is not subject to monitoring in relation to the activity. |
|
| | (2) | The Secretary of State may by regulations provide that a prescribed person (P) |
|
| | commits an offence if he fails in the prescribed period to make a check in |
|
| | accordance with section (sections 12 and (office holders: offences): checks) in |
|
| | relation to another person (B) appointed to a position mentioned in paragraph 4(1) |
|
| | |
| | (3) | Regulations under subsection (1) or (2) may provide for defences to the offence. |
|
| | (4) | An offence created by regulations under this section is punishable on summary |
|
| | conviction with a maximum fine not exceeding level 5 on the standard scale.’. |
|
| |
| | Sections 12 and (office holders: offences): checks |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This section has effect for the purposes of sections 12 and (office holders: |
|
| | |
| | (2) | P makes a check in accordance with this section if— |
|
| | (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 |
|
| | |
| | (3) | P makes a check in accordance with this section if— |
|
| | (a) | an enhanced criminal record certificate relating to B is issued during the |
|
| | |
| | (b) | the application for the certificate is countersigned on behalf of P by a |
|
| | registered person (within the meaning of Part 5 of the Police Act 1997), |
|
| | |
|
|
| |
| |
|
| | (c) | P obtains from the registered person the information mentioned in |
|
| | subsection (4) derived from the certificate. |
|
| | |
| | (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) |
|
| | |
| | (5) | In subsection (2)(a) “relevant information” means— |
|
| | (a) | in relation to a person appointed to a position mentioned in paragraph |
|
| | 4(1) of Schedule 3, relevant information relating to children (within the |
|
| | meaning of section (meaning of relevant information in section |
|
| | (provision of vetting information)); |
|
| | (b) | in relation to a person appointed to a position mentioned in paragraph |
|
| | 6A(1) of Schedule 3, relevant information relating to vulnerable adults |
|
| | (within the meaning of section (meaning of relevant information in |
|
| | section (provision of vetting information)). |
|
| | (6) | For the purposes of subsection (2)(b) 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 (c. 50), or |
|
| | (b) | the application was countersigned on his behalf by such a person. |
|
| | (7) | In this section “enhanced criminal record certificate” means— |
|
| | (a) | in relation to a person appointed to a position mentioned in paragraph |
|
| | 4(1) of Schedule 3, 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 a person appointed to a position mentioned in paragraph |
|
| | 6A(1) of Schedule 3, 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).’. |
|
| |
| | Personnel suppliers: failure to check |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Schedule (employment businesses: failure to check) (employment businesses: |
|
| | failure to check) has effect. |
|
| | (2) | The Secretary of State may by order make provision (including provision |
|
| | amending this Act) corresponding to Schedule (employment businesses: failure |
|
| | to check) in relation to the supply of persons by a personnel supplier otherwise |
|
| | than in the course of carrying on an employment business.’. |
|
| |
|