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| | Page 10, line 38 [Clause 15], leave out ‘in pursuance of arrangements made by |
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| | Page 10, line 45 [Clause 15], after second ‘employment’ insert ‘— |
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| | Page 10, line 45 [Clause 15], after ‘body’ insert ‘, or |
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| | | (b) | with a person who provides health care for an NHS body (wherever the |
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| | | health care is provided).’. |
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| | Page 11, line 5 [Clause 15], leave out paragraph (d). |
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| | Page 11, line 10 [Clause 16], leave out ‘or 11’ and insert ‘11, (controlled activity: |
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| | regulations), (prohibition of requirement to produce certain records) or 30 or Schedule |
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| | (Employment business: failure to check)’. |
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| | Page 11, line 16 [Clause 16], leave out ‘or 11’ and insert ‘11, (controlled activity: |
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| | regulations), (prohibition of requirement to produce certain records) or 30 or Schedule |
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| | (Employment business: failure to check)’. |
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| | Page 11, line 24, leave out Clause 17. |
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| | Page 12, line 1 [Clause 18], after ‘person’ insert ‘or it is carried out by the same |
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| | person on more than two days in any period of 30 days’. |
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| | Page 12, line 6 [Clause 18], at end insert ‘or it is carried out by the same person on |
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| | more than two days in any period of 30 days’. |
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| | Page 12, line 6 [Clause 18], at end insert— |
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| | | ‘( ) | it is carried out by the person while engaging in any form of work |
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| | | (whether or not for gain),’. |
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| | Page 12, line 9 [Clause 18], at end insert— |
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| | | ‘( ) | An activity falls within this subsection if— |
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| | | (a) | it consists in making payments under section 17A of the Children Act |
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| | | 1989 or the provision of assistance either in connection with the making |
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| | | of such payments or securing the provision of services paid for out of |
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| | | (b) | it is carried out frequently by the same person or it is carried out by the |
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| | | same person on more than two days in any period of 30 days, and |
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| | | (c) | it gives the person the opportunity mentioned in subsection (7)(a).’. |
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| | Page 12, line 9 [Clause 18], at end insert— |
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| | | ‘(4A) | An activity falls within this subsection if it is carried out as mentioned in |
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| | | subsection (7B) frequently and it gives a person carrying out the activity the |
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| | | opportunity to have access to— |
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| | | (a) | health, educational or social services records relating to children; |
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| | | (b) | information provided pursuant to section 117(1) of the Learning and |
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| | | (c) | in the case of a person carrying out an activity mentioned in subsection |
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| | | (7B)(b), records of family proceedings (within the meaning of section |
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| | | 8(3) of the Children Act 1989) held by the Children and Family Court |
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| | | Advisory and Support Service; |
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| | | (d) | in the case of a person carrying out an activity mentioned in subsection |
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| | | (7B)(c), records of family proceedings (within the meaning of section |
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| | | 8(3) of the Children Act 1989) held by the National Assembly for |
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| | Page 12, line 12 [Clause 18], leave out ‘or (4)’ and insert ‘(4) or (4A)’. |
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| | Page 12, line 21 [Clause 18], at end insert— |
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| | | ‘(7B) | The activity is carried out— |
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| | | (a) | for, or on behalf of, a local authority (in the exercise of its educational or |
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| | | social services functions); |
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| | | (b) | for, or on behalf of, the Children and Family Court Advisory and Support |
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| | | (c) | for, or on behalf of, the National Assembly for Wales (in the exercise of |
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| | | its functions under Part 4 of the Children Act 2004 (Welsh family |
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| | | (d) | for, or on behalf of, the Qualifications and Curriculum Authority; |
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| | | (e) | for, or on behalf of, Her Majesty’s Chief Inspector of Schools in England; |
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| | | (f) | for, or on behalf of, HM Chief Inspector of Education and Training in |
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| | | (g) | for, or on behalf of, an establishment or agency in respect of which a |
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| | | requirement to register arises under section 11 of the Care Standards Act |
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| | | “educational records” includes individual child information within the |
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| | | (a) | section 99 of Childcare Act 2006, |
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| | | (b) | that section as modified by section 100 of that Act, or |
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| | | (c) | section 101 of that Act; |
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| | | (d) | in relation to the education functions of a local authority, has the |
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| | | same meaning as in section 579(1) of the Education Act 1996; |
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| | | (e) | in any other case, has the meaning given by section 1 of the Local |
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| | | Authorities Social Services Act 1970; |
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| | | “social services functions” has the meaning given by section 1A of that Act; |
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| | | “social services records” means records obtained or held by a local authority |
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| | | in the exercise of its social services functions.’. |
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| | Page 12, line 22 [Clause 18], leave out ‘(7)’ and insert ‘(7C)’. |
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| | Page 12, line 31 [Clause 19], after ‘person’ insert ‘or it is carried out by the same |
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| | person on more than two days in any period of 30 days’. |
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| | Page 12, line 42 [Clause 19], at end insert— |
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| | | ‘( ) | the making of payments under section 57 of the Health |
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| | | and Social Care Act 2001 (c. 15);’. |
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| | Page 13, line 2 [Clause 19], after ‘records’ insert ‘or social services records (within |
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| | the meaning of section 18(7C))’. |
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| | Page 13, line 18 [Clause 19], at end insert— |
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| | | ‘() | a Local Health Board;’. |
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| | Page 13, line 44, leave out Clause 20. |
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| | Page 14, line 33 [Clause 21], leave out ‘the prescribed fee’ and insert ‘such fee (if |
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| | Page 14, line 41 [Clause 21], leave out paragraph (c) and insert— |
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| | | ‘(3A) | The Secretary of State must— |
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| | | (a) | provide the individual with any disclosable information that he has, or |
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| | | (b) | notify the individual that he has no disclosable information. |
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| | | (3B) | Disclosable information is information provided to the Secretary of State under |
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| | | subsection (3)(b) in relation to the individual, but does not include information to |
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| | | which subsection (6) applies. |
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| | | (3C) | Subsection (3A) does not apply if the individual made an application for an |
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| | | enhanced criminal record certificate (under section 113B of the Police Act 1997 |
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| | | (c. 50)) simultaneously with his monitoring application.’. |
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| | Page 15, line 5 [Clause 21], at end insert— |
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| | | ‘(c) | specific enquiries are made to provide further relevant information on |
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| | | individuals who have resided outside the UK or who are usually resident |
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| | Page 15, line 16 [Clause 21], leave out subsection (7). |
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| | Page 15, line 31 [Clause 21], leave out ‘United Kingdom Passport Agency’ and |
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| | insert ‘Identity and Passport Service’. |
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| | Page 15, line 39 [Clause 21], at end insert ‘as if an application under this section |
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| | were an application under that section’. |
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| | Page 15, line 39 [Clause 21], at end add— |
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| | | ‘(13) | The Secretary of State must ensure that— |
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| | | (a) | employers, voluntary organisations and employees are made aware of |
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| | | their rights and responsibilities under the terms of the Act, |
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| | | (b) | communication is undertaken to ensure that all parties are aware of which |
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| | | positions require monitoring, |
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| | | (c) | employers make potential employees aware of the monitoring status of |
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| | | each position as part of the recruitment process, |
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| | | (d) | any variations to the positions that are covered by monitoring are |
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| | | sufficiently communicated to employers, voluntary organisations, |
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| | | current and potential employees.’. |
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| | Page 16, line 28 [Clause 23], at end insert— |
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| | | ‘( ) | all cases in which information is withheld from an individual because it |
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| | | is information to which section 21(6) of the Safeguarding Vulnerable |
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| | | ( ) | a sample of cases in which relevant information (within the meaning of |
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| | | section 21(5)(b) of that Act) is provided to an individual in pursuance of |
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| | | section 21(3A)(a) of that Act.’. |
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| | Page 16, line 28 [Clause 23], at end insert— |
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| | | ‘(5A) | The Independent Monitor will review on an annual basis the quality of |
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| | | information provided by the IBB from regulated activity providers and any |
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| | | person who holds the records of convictions or cautions for the use of police |
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| | Page 17, line 20, leave out Clause 25. |
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| | Page 17, line 23, leave out Clause 26. |
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| | Page 18, line 25 [Clause 27], leave out ‘person having any responsibility for the |
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| | management or control of controlled activity’ and insert ‘responsible person (within the |
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| | meaning of section (Controlled activity: regulations))’. |
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| | Page 18, line 34 [Clause 27], leave out ‘thinks’ and insert ‘has reason to suspect’. |
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| | Page 18, line 44 [Clause 27], at end insert— |
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| | | |
| | | “harm” means ill-treatment or the impairment of health, dignity or |
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| | | “dignity” means identity, self esteem and self respect, and inclusion in |
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| | | social participation and interaction, |
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| | | “development” means physical, intellectual, emotional, social or |
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| | | “health” means physical or mental health, |
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| | | “ill-treatment” includes sexual abuse and forms of ill-treatment which are |
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| | Page 18, line 44 [Clause 27], at end insert— |
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| | | ‘(4C) | In this section harm includes intentionally or negligently causing a child or |
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| | | vulnerable adult to suffer financial loss or deprivation.’. |
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| | Page 19, line 5 [Clause 27], leave out subsection (6) and insert— |
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| | | ‘(6) | If regulated activity engaged in by P— |
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| | | (a) | is regulated activity relating to vulnerable adults, and |
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| | | (b) | falls within section 14, |
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| | | | subsection (2) must be read as if for “must” there were substituted “may”.’. |
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| | Page 20, line 22 [Clause 29], leave out ‘person having any responsibility for the |
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| | management or control of controlled activity’ and insert ‘responsible person (within the |
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| | meaning of section (Controlled activity: regulations))’. |
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| | Page 21, line 28 [Clause 31], leave out subsection (5). |
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| | Page 22, line 33 [Clause 33], leave out subsection (5). |
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| | Page 23, line 4 [Clause 33], leave out subsection (8) and insert— |
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| | | (a) | a relevant register is a register appearing in column 1 of the following |
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| | | (b) | in relation to a relevant register, the keeper of the register is the |
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| | | corresponding person appearing in column 2 of the table. |
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