rs2122310.1085-1091

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23rd October 2006
1085

Safeguarding Vulnerable Groups Bill–[ [], continued

Devolution: Wales

Secretary Alan Johnson

Added  NC20

To move the following Clause:—

‘(1)
In so far as a power to make subordinate legislation under any of the following

provisions is exercisable only in relation to Wales, it is exercisable by the Welsh

Ministers instead of by the Secretary of State—

(a)
section 8(9) or (13);

(b)
section 10(8) or (11);

(c)
section 11(10);

(d)
section 12(1), (4) or (5);

(e)
section ((Offences: other persons): exclusions and defences)(4) or (7);

(f)
section (Controlled activity: regulations)(1);

(g)
section (Provision of vetting information)(8);

(h)
paragraph 3(3) of Schedule (Employment business: failure to check).

(2)
If the exercise of a power to make subordinate legislation under either of the

following provisions will have effect in relation to any function of the Welsh

Ministers to which the provision applies, or would apply in consequence of the

exercise of the power, the Secretary of State must not exercise the power without

the consent of the Welsh Ministers—

(a)
section 36(1), (5) or (9);

(b)
section 37(2);

(c)
section (Supervisory authorities: power to apply for vetting

information)(7);

(d)
section (Supervisory authorities: notification of barring &c. in respect of

children)(7) or (8);

(e)
section (Supervisory authorities: notification of barring &c. in respect of

vulnerable adults)(7) or (8).

(3)
If the exercise of a power to make subordinate legislation under any of the

following provisions will have effect in relation to Wales, the Secretary of State

must not exercise the power unless he first consults the Welsh Ministers—

(a)
section 5(3);

(b)
section 14(1)(d) or (f);

(c)
section 18(8);

(d)
section 19(4)(f);

(e)
section 22(1);

(f)
section (meaning of relevant information in section (Provision of vetting

information))(6);

(g)
section 27(1);

(h)
section 28(1), (2) or (3);

(i)
section 29(2);

(j)
section 31(1) or (6);

(k)
section 32(2);

(l)
section 33(1), (6) or (9);

(m)
section 34(2);

(n)
section 44(1)(g) or (11);

(o)
section 48(1A);

(p)
section 49;

Report Stage Proceedings: 23rd October 2006
1086

Safeguarding Vulnerable Groups Bill–[ [], continued

(q)
paragraph 1(1), 2(1), 6(1) or 7(1) of Schedule 2;

(r)
paragraph 2(1)(f) or 6(1)(ea) of Schedule 3;

(s)
paragraph 5 of Schedule (Employment business: failure to check);

(t)
paragraph 14 of Schedule (Appropriate verification).

(4)
A power to make subordinate legislation is a power to make regulations or an

order.

(5)
In the application of section 46 to the exercise of a power by the Welsh Ministers

by virtue of this section—

(a)
the reference in subsection (2) of that section to either House of

Parliament must be taken to be a reference to the National Assembly for

Wales;

(b)
the reference in subsection (3) of that section to each House of Parliament

must be taken to be a reference to the Assembly.’.

Crown application

Secretary Alan Johnson

Added  NC21

To move the following Clause:—

‘(1)
Subject to the provisions of this section, this Act and any regulations or orders

made under it bind the Crown.

(2)
No contravention by the Crown of any provision of this Act or of any regulations

or order made under it makes the Crown criminally liable.

(3)
Despite subsection (2), this Act and any regulations or orders made under it apply

to persons in Crown employment (within the meaning of the Employment Rights

Act 1996) as they apply to other persons.

(4)
Subsection (2) of section 6 does not apply in relation to any activity carried out

by the Crown.

(5)
Each government department and other body performing functions on behalf of

the Crown—

(a)
if the department or body engages in regulated activity, is the regulated

activity provider in relation to the activity;

(b)
if the department or body engages in controlled activity, is the

responsible person (within the meaning of section (Controlled activity:

regulations)) in relation to the activity.

(6)
In subsection (5) “body” includes office-holder.

(7)
Nothing in this section is to be taken as in any way affecting Her Majesty in her

private capacity (within the meaning of section 38(3) of the Crown Proceedings

Act 1947).’.

Report Stage Proceedings: 23rd October 2006
1087

Safeguarding Vulnerable Groups Bill–[ [], continued

Controlled activity: regulations

Secretary Alan Johnson

Added  NC22

To move the following Clause:—

‘(1)
The Secretary of State may, by regulations, make provision as to—

(a)
the persons who are permitted to engage in controlled activity;

(b)
the steps which must be taken by a responsible person in connection with

permitting another to engage in controlled activity;

(c)
circumstances in which a responsible person must not permit another to

engage in controlled activity.

(2)
The regulations may—

(a)
include provision for a responsible person who contravenes any

provision of the regulations to be guilty of an offence punishable on

summary conviction by a fine not exceeding level 5 on the standard scale;

(b)
in relation to such an offence, make provision corresponding to sections

16, (Offences: other persons) and ((Offences: other persons): exclusions

and defences).

(3)
A person is a responsible person if—

(a)
he is responsible for the management or control of a controlled activity,

and

(b)
if the controlled activity is carried out for the purposes of an organisation,

his exercise of that responsibility is not subject to supervision or direction

by any other person for those purposes.’.

Transitional provision

Secretary Alan Johnson

Added  NC23

To move the following Clause:—

‘Schedule (Transitional provisions) has effect.’.

Assessment of Under 18s on the barred lists

Annette Brooke

Sarah Teather

Not called  nc24

To move the following Clause:—

‘(1)
IBB must make a referral for therapeutic purposes, as specified in regulations, for

a person under the age of 18 included on the children’s barred list after

representations have been heard.

Report Stage Proceedings: 23rd October 2006
1088

Safeguarding Vulnerable Groups Bill–[ [], continued

(2)
IBB must make a referral for therapeutic purposes, as specified in regulations, for

a person under the age of 18 included on the adults’ barred list after

representations have been heard.’.

Procedure for orders under Schedule 2

Annette Brooke

Sarah Teather

Not selected  nc25

To move the following Clause:—

‘The following provisions shall apply to any order made under paragraph 1, 2, 6

or 7 of Schedule 2—

(1)
The Secretary of State must not make an order containing (with or

without other provision) any provision unless—

(a)
a draft of the order has been laid before Parliament and approved

by a resolution of each House; and

(b)
each of the resolutions for approving the draft was agreed more

than 60 days after the day on which the draft was laid before the

House in question.

(2)
No draft order containing provision for compulsory registration is to be

laid before Parliament unless—

(a)
the Secretary of State has prepared and published a report

containing a proposal for the making of such provision;

(b)
the report sets out the Secretary of State’s reasons for making the

proposal;

(c)
the report has been laid before Parliament and each House has

approved the proposal contained in the report, either with or

without modifications; and

(d)
the draft order gives effect to the proposal so far as approved by

both Houses.

(3)
An approval given in either House satisfies the requirements of

subsection (2)(c) only if it was given in that House on the first occasion

on which a motion for the approval of the proposal was made in that

House by a Minister of the Crown after—

(a)
the laying of the report; or

(b)
if more than one report containing that proposal has been laid

before that House, the laying of the one laid most recently.

(4)
The Secretary of State must not make an order which—

(a)
contains (with or without other provision) any provision that he

is authorised to make by section 6, but

(b)
is not an order containing provision for compulsory registration,

unless a draft of the order has been laid before Parliament and

approved by a resolution of each House.

(5)
In reckoning a period of 60 days for the purposes of subsection (1), no

account shall be taken of a day for which—

(a)
Parliament is dissolved or prorogued; or

Report Stage Proceedings: 23rd October 2006
1089

Safeguarding Vulnerable Groups Bill–[ [], continued

(b)
the House in question is adjourned as part of an adjournment of

more than four days.’.

Secretary Alan Johnson

Agreed to  19

Page  1,  line  5  [Clause  1],  at end insert—

‘( )
Schedule (transfers to IBB) (transfers to IBB) has effect.’.

Annette Brooke

Sarah Teather

Not called  1

Page  2,  line  24  [Clause  4],  leave out ‘only’.

Annette Brooke

Sarah Teather

Not called  2

Page  2,  line  28  [Clause  4],  at end insert—

‘(2A)
An appeal under subsection 1 may be made on the grounds that there are issues

of fact that were unavailable to IBB at the time it made its decision and which in

the opinion of the Tribunal would have been relevant to that decision.’.

Secretary Alan Johnson

Agreed to  206

Page  3,  line  13  [Clause  5],  after ‘Schedule’ insert ‘, or any of the modifications of

that Schedule in the provisions mentioned in subsection (4),’.

Secretary Alan Johnson

Agreed to  207

Page  3,  line  16  [Clause  5],  at end insert—

‘(4)
The provisions are—

section 7(4);

section 9(5);

section 10(2A);

section (Offences: other persons)(8);

paragraph 4 of Schedule (employment businesses: failure to check).’.

Report Stage Proceedings: 23rd October 2006
1090

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Mr Rob Wilson

Anne Main

Mr David Evennett

Annette Brooke

Sarah Teather

Not selected  202

Page  3,  line  16  [Clause  5],  at end add—

‘(4)
The Secretary of State may only vary the meaning of regulated activity relating

to children and vulnerable adults after affirmative resolution by both Houses of

Parliament.’.

Secretary Alan Johnson

Agreed to  208

Page  3,  line  22  [Clause  6],  leave out ‘has responsibility’ and insert ‘is responsible’.

Secretary Alan Johnson

Agreed to  209

Page  3,  line  23  [Clause  6],  after ‘activity’ insert—

‘( )
if the regulated activity is carried out for the purposes of an organisation,

his exercise of that responsibility is not subject to supervision or direction

by any other person for those purposes,’.

Secretary Alan Johnson

Agreed to  210

Page  3,  line  24  [Clause  6],  after ‘makes’ insert ‘, or authorises the making of,’.

Secretary Alan Johnson

Agreed to  20

Page  3,  line  26  [Clause  6],  at end insert—

‘( )
A person (P) is also a regulated activity provider if he carries on a scheme—

(a)
under which an individual agrees with P to provide care or support

(which may include accommodation) to an adult who is in need of it, and

(b)
in respect of which a requirement to register arises under section 11 of the

Care Standards Act 2000.’.

Secretary Alan Johnson

Agreed to  21

Page  3,  line  26  [Clause  6],  at end insert—

‘(2A)
A person (P) is also a regulated activity provider if section (Fostering)(4)

(fostering) so provides.’.

Mr Paul Burstow

Not called  192

Page  3,  line  34  [Clause  6],  at end insert ‘Unless P has been authorized to act under

the relevant provisions of the Mental Capacity Act 2005, or appointed by the Secretary of

State for Work and Pensions.’.

Secretary Alan Johnson

Agreed to  22

Page  3,  line  36  [Clause  6],  after ‘person’ insert ‘—

Report Stage Proceedings: 23rd October 2006
1091

Safeguarding Vulnerable Groups Bill–[ [], continued

‘(a)
‘.

Secretary Alan Johnson

Agreed to  23

Page  3,  line  37  [Clause  6],  leave out ‘(m), (n) or (o)’ and insert ‘or (m) or 6A(1)(a),

(d) or (e)’.

Secretary Alan Johnson

Agreed to  24

Page  3,  line  38  [Clause  6],  at end insert—

‘(b)
as a deputy under section 16(2)(b) of the Mental Capacity Act 2005;

(c)
as member or chief executive of IBB;

(d)
to any position mentioned in paragraph (a), (b) or (f) of section 44(10) or

to exercise any function mentioned in that subsection’.

Secretary Alan Johnson

Agreed to  25

Page  3,  line  38  [Clause  6],  at end insert—

‘( )
For the purposes of subsection (5) it is immaterial whether P is also acting in any

capacity other than as a family member or friend.’.

Secretary Alan Johnson

Agreed to  26

Page  4,  line  7  [Clause  6],  at end insert—

‘( )
The Secretary of State may by order provide that in specified circumstances a

person who makes, or authorises the making of, arrangements (of any

description) for another to engage in regulated activity either is or is not a

regulated activity provider.’.

Annette Brooke

Sarah Teather

Not called  254

Page  4,  line  10  [Clause  7],  after ‘he’, insert ‘with the intention of misleading the

IBB or a regulated activity provider’.

Secretary Alan Johnson

Agreed to  27

Page  4,  line  18  [Clause  7],  after ‘fine’ insert ‘not exceeding the statutory

maximum’.

Annette Brooke

Sarah Teather

Not called  255

Page  4,  line  19  [Clause  7],  leave out subsection (3).