rs2122310.1078-1084

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23rd October 2006
1078

Safeguarding Vulnerable Groups Bill–[ [], continued

(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

22.

(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

subsection (1).

(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

person, and

(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the application has not been withdrawn.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For the purposes of subsection (3)(b) an application is withdrawn if the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

to the person.

(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

of this section.

(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

Secretary Alan Johnson

Added  NC11

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

section 22.

(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

subsection (1).

(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

person, and

(b)
the application has not been withdrawn.

Report Stage Proceedings: 23rd October 2006
1079

Safeguarding Vulnerable Groups Bill–[ [], continued

(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

to the person.

(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

of this section.

(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

Secretary Alan Johnson

Added  NC12

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

record.

(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

for the benefit, of—

(a)
P himself;

(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

scale.

(6)
A relevant record is the record of information provided by the Secretary of State

under section 21(3A).

(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

(c)
holds any office,

Report Stage Proceedings: 23rd October 2006
1080

Safeguarding Vulnerable Groups Bill–[ [], continued


whether or not he is entitled to remuneration; and “employment” must be

construed accordingly.’.

Referrals: findings of fact immaterial

Secretary Alan Johnson

Added  NC13

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.

(2)
The provisions are—

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).’.

Devolution: alignment

Secretary Alan Johnson

Added  NC14

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.

(2)
An order may—

(a)
include provision for treating a person to whom a monitoring provision

applies as if he were subject to monitoring in relation to regulated

activity;

(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.

Report Stage Proceedings: 23rd October 2006
1081

Safeguarding Vulnerable Groups Bill–[ [], continued

(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

adults.’.

Offences: other persons

Secretary Alan Johnson

Added  NC15

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

monitoring, and

(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

provider—

(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.

Report Stage Proceedings: 23rd October 2006
1082

Safeguarding Vulnerable Groups Bill–[ [], continued

(8)
For the purpose of subsections (2)(b) and (3)(b), 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.

(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

out frequently.

(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

Secretary Alan Johnson

Added  NC16

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

the regulated activity—

(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

regulated activity—

(a)
the permission is first given before the commencement of that section,

and

(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:

other persons) if—

(a)
the regulated activity provider for whom he acts or appears to act falls

within section 15,

(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

employment.

Report Stage Proceedings: 23rd October 2006
1083

Safeguarding Vulnerable Groups Bill–[ [], continued

(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.’.

Office holders: offences

Secretary Alan Johnson

Added  NC17

To move the following Clause:—

‘(1)
The Secretary of State may by regulations provide that a person commits an

offence if—

(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)

or 6A(1) of Schedule 3.

(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

Secretary Alan Johnson

Added  NC18

To move the following Clause:—

‘(1)
This section has effect for the purposes of sections 12 and (office holders:

offences).

(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

issued in relation to P.

(3)
P makes a check in accordance with this section 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 P by a

registered person (within the meaning of Part 5 of the Police Act 1997),

and

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

(c)
P obtains from the registered person the information mentioned in

subsection (4) derived from the certificate.

(4)
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.

(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

Secretary Alan Johnson

Added  NC19

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.’.