rs2122310.1106-1112

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23rd October 2006
1106

Safeguarding Vulnerable Groups Bill–[ [], continued

Relevant register
Keeper of the register

1.   The register of teachers maintained
The General Teaching Council for

under section 3 of the Teaching and Higher
England or the General Teaching

Education Act 1998 (c. 30)
Council for Wales, as the case

may be

2.  The register of pharmaceutical chemists
The registrar appointed under

maintained under section 2 of the Pharmacy
section 1 of that Act

Act 1954 (c. 61)

3.  Either of the lists of medical
The registrar of the General

practitioners kept under section 2 of the
Medical Council

Medical Act 1983 (c. 54)

4.  The dentists register kept under section
The registrar appointed under

14 of the Dentists Act 1984 (c. 24) or the
section 14 of that Act

dental care professionals register kept under

section 36B of that Act

5.  The register of optometrists or the
The registrar of the General

register of dispensing opticians maintained
Optical Council

under section 7 of the Opticians Act 1989

(c. 44), or the register of persons

undertaking training as optometrists or the

register of persons undertaking training as

dispensing opticians maintained under

section 8A of that Act

6.  The register of osteopaths maintained
The Registrar of Osteopaths

under section 2 of the Osteopaths Act 1993

(c. 21)

7.  The register of chiropractors maintained
The Registrar of Chiropractors

under section 2 of the Chiropractors Act

1994 (c. 17)

8.  The register of social workers and social
The General Social Care Council

care workers maintained under section 56
or the Care Council for Wales, as

of the Care Standards Act 2000 (c. 14)
the case may be

9.  The register of qualified nurses and
The registrar appointed under

midwives maintained under Article 5 of the
Article 4 of that Order

Nursing and Midwifery Order 2001 (S.I.

2002/253)

10.  The register of members of relevant
The registrar appointed under

professions maintained under Article 5 of
Article 4 of that Order

the Health Professions Order 2001 (S.I.

2002/254)

(9)
The Secretary of State may by order amend the table in subsection (8) by inserting

an entry or amending or omitting an entry for the time being contained in the

table.’.

Report Stage Proceedings: 23rd October 2006
1107

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  80

Page  23,  line  16  [Clause  34],  leave out ‘35(5)’ and insert ‘33(8)’.

Secretary Alan Johnson

Agreed to  235

Page  23  [Clause  35],  leave out line 38 and insert—

‘( )
But, in that subsection, relevant information does not include—

(a)
information that any of the events mentioned in subsection (1)(a) and (b)

has occurred in relation to the person;

(b)
the information mentioned in subsection (2)(b);

(c)
information falling within paragraph 17(5) of Schedule 2.’.

Secretary Alan Johnson

Agreed to  81

Page  23,  line  40  [Clause  35],  leave out ‘the following table’ and insert ‘entry 1 or 8

of the table in section 33(8)’.

Secretary Alan Johnson

Agreed to  82

Page  24,  line  1  [Clause  35],  leave out lines 1 to 44.

Mr Paul Burstow

Not called  194

Page  24,  line  41,  column  1  [Clause  35],  at end insert—

‘The register of attorneys and deputies maintained under the provisions of the Mental

Capacity Act 2005

The Register of appointees authorised by the Secretary of State for Work and Pensions

under regulation 33 Claims and Payments Regs 1987’.

Mr Paul Burstow

Not called  195

Page  24,  line  41,  column  2  [Clause  35],  at end insert—

‘The Office of the Public Guardian

The Department for Work and Pensions’.

Secretary Alan Johnson

Agreed to  83

Page  25,  line  4  [Clause  35],  leave out subsection (8).

Secretary Alan Johnson

Agreed to  84

Page  25,  line  10  [Clause  35],  leave out subsection (9).

Report Stage Proceedings: 23rd October 2006
1108

Safeguarding Vulnerable Groups Bill–[ [], continued

Mrs Maria Miller

Tim Loughton

Mr Rob Wilson

Anne Main

Mr David Evennett

Not called  197

Page  25,  line  12  [Clause  35],  at end add—

‘(10)
The Secretary of State must make information on the dates that a monitored

individual has been resident in the UK available to an individual requesting

information on monitored status.’.

Secretary Alan Johnson

Agreed to  85

Page  26,  line  3  [Clause  36],  at end insert—

‘( )
the National Assembly for Wales in respect of its functions under

Chapter 1 of Part 10 of the Education Act 2002 (c. 32);’.

Secretary Alan Johnson

Agreed to  86

Page  26,  line  10  [Clause  36],  at end insert—

‘( )
the Public Guardian in the exercise of his functions;’.

Secretary Alan Johnson

Agreed to  87

Page  26,  line  14  [Clause  36],  at end insert—

‘( )
the Charity Commissioners for England and Wales in the exercise of their

functions;’.

Secretary Alan Johnson

Agreed to  88

Page  26,  line  33  [Clause  37],  leave out subsection (4).

Secretary Alan Johnson

Agreed to  89

Page  26,  line  37  [Clause  38],  leave out paragraphs (a) and (b) and insert ‘has

information that it thinks is relevant to a supervisory authority’.

Secretary Alan Johnson

Agreed to  90

Page  27,  line  2  [Clause  38],  at end insert ‘or information that any of the events

mentioned in section (supervisory authorities: notification of barring &c in respect of

children)(1)(a), (b) and (c) or (supervisory authorities: notification of barring &c in

respect of vulnerable adults)(1)(a), (b) and (c) has occurred in relation to a person’.

Secretary Alan Johnson

Agreed to  91

Page  27,  line  3  [Clause  38],  leave out subsection (4).

Report Stage Proceedings: 23rd October 2006
1109

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  236

Page  27,  line  6,  leave out Clause 39.

Secretary Alan Johnson

Agreed to  237

Page  27,  line  26,  leave out Clause 40.

Secretary Alan Johnson

Agreed to  92

Page  28,  line  29  [Clause  43],  at end insert—

‘( )
The Secretary of State may by order provide that an activity carried out in

specified circumstances either is or is not—

(a)
carried out in the course of a family relationship;

(b)
carried out in the course of a personal relationship.’.

Secretary Alan Johnson

Agreed to  93

Page  28,  line  30  [Clause  43],  leave out subsection (6).

Secretary Alan Johnson

Agreed to  94

Page  31,  line  6  [Clause  45],  leave out ‘have the same meaning as in’ and insert

‘must be construed in accordance with’.

Annette Brooke

Sarah Teather

Not called  249

Page  31,  line  7  [Clause  45],  at end insert ‘“harm” has the same meaning as in

section 31(9) of the Children Act 1989 (c. 41) but shall also include financial harm.’.

Secretary Alan Johnson

Agreed to  95

Page  31,  line  16  [Clause  45],  at end insert—

‘“supervisory authority” must be construed in accordance with

section 36(7).’.

Secretary Alan Johnson

Agreed to  96

Page  31,  line  21  [Clause  45],  at end insert—

‘( )
Nothing in this Act affects any power to provide information that exists apart

from this Act.’.

Secretary Alan Johnson

Agreed to  97

Page  31,  line  32  [Clause  46],  at end insert—

Report Stage Proceedings: 23rd October 2006
1110

Safeguarding Vulnerable Groups Bill–[ [], continued

‘( )
by order under section (Devolution: alignment)(1) if it contains provision

amending this Act or confers power to make subordinate legislation,’.

Secretary Alan Johnson

Agreed to  238

Page  31,  line  32  [Clause  46],  at end insert—

‘( )
in regulations under section (Controlled activity: regulations),’.

Secretary Alan Johnson

Agreed to  98

Page  31,  line  33  [Clause  46],  after ‘48(2)’ insert—

‘(ea)
by order under paragraph 5A or 10A of Schedule 2,’.

Secretary Alan Johnson

Agreed to  99

Page  31,  line  33  [Clause  46],  leave out ‘by order’.

Annette Brooke

Sarah Teather

Not called  251

Page  31,  line  34  [Schedule  2],  leave out paragraph (f).

Secretary Alan Johnson

Agreed to  100

Page  32  [Clause  48],  leave out line 3 and insert at end insert—

‘(1)
Power to make subordinate legislation under this Act includes power to make—’.

Secretary Alan Johnson

Agreed to  101

Page  32  [Clause  48],  leave out lines 6 to 8 and insert ‘as the person making the

subordinate legislation thinks necessary or expedient’.

Secretary Alan Johnson

Agreed to  102

Page  32,  line  9  [Clause  48],  at beginning insert—

‘(1A)
The Secretary of State may by order may make such further provision as he

considers appropriate—

(a)
for the general purposes, or any particular purpose, of this Act;

(b)
in consequence of any provision made by this Act;

(c)
for giving full effect to this Act or any provision made by it.’.

Secretary Alan Johnson

Agreed to  103

Page  32,  line  9  [Clause  48],  leave out ‘An order’ and insert ‘Subordinate

legislation’.

Report Stage Proceedings: 23rd October 2006
1111

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  104

Page  32,  line  9  [Clause  48],  after ‘subsection (1)’ insert ‘or (2)’.

Secretary Alan Johnson

Agreed to  105

Page  32,  line  10  [Clause  48],  at end insert—

‘( )
References in this section to subordinate legislation are to an order or regulations

under this Act.’.

Secretary Alan Johnson

Agreed to  106

Page  32,  line  16  [Clause  50],  leave out ‘(2)’ and insert ‘(3)’.

Secretary Alan Johnson

Agreed to  107

Page  32,  line  18  [Clause  50],  leave out subsection (2).

Secretary Alan Johnson

Agreed to  108

Page  32,  line  20  [Clause  50],  leave out ‘and 24’ and insert ‘, 24 and 41’.

New Schedules

Secretary Alan Johnson

Added  NS1

To move the following Schedule:—

      ‘SCHEDULE

Transfers to IBB

Staff transfer schemes

1    (1)
The Secretary of State may make a scheme (a “staff transfer scheme”)

providing—

(a)
for a person employed in the civil service of the state to become an

employee of IBB;

(b)
for his terms of employment to have effect (subject to any necessary

modifications) as the terms of his contract of employment with IBB;

(c)
for the transfer to IBB of the rights, powers, duties and liabilities of the

Crown under or in connection with his terms of employment;

(d)
for anything done (or having effect as if done) before that transfer by

or in relation to the Crown in respect of the terms of employment or

the person to be treated as having been done by or in relation to IBB.

      (2)
A staff transfer scheme may provide for a period before a person became an

employee of IBB to count as a period during which he was such an employee

(and for the operation of the scheme not to be treated as having interrupted the

continuity of that period).

Report Stage Proceedings: 23rd October 2006
1112

Safeguarding Vulnerable Groups Bill–[ [], continued

      (3)
A staff transfer scheme may provide for a person in the civil service of the state

who would otherwise become an employee of IBB not to become such an

employee if he gives notice objecting to the operation of the scheme in relation

to him.

      (4)
A staff transfer scheme may provide for any person who would be treated

(whether by an enactment or otherwise) as having his employment terminated

by the operation of the scheme not to be so treated.

Property transfer schemes

2    (1)
The Secretary of State may make a scheme (a “property transfer scheme”)

providing for the transfer to IBB of any property, rights or liabilities of the

Secretary of State.

      (2)
The things that may be transferred by a property transfer scheme include—

(a)
property, rights and liabilities that could not otherwise be transferred;

(b)
property acquired, and rights and liabilities arising, after the making of

the scheme.

      (3)
A property transfer scheme may—

(a)
create interests in, or rights in relation to, anything that is or could be

transferred by the scheme;

(b)
impose liabilities in relation to anything that is or could be transferred

or created by the scheme;

(c)
apportion property, rights and liabilities;

(d)
provide for things done by or in relation to the Secretary of State in

connection with any property, rights or liabilities transferred by the

scheme to be treated as done, or to be continued, by or in relation to

IBB;

(e)
make provision about the continuation of legal proceedings.

Schemes: supplementary

3
A staff transfer scheme, or property transfer scheme, may make

supplementary, incidental, transitional and consequential provision.’.

Secretary Alan Johnson

Added  ns2

To move the following Schedule:—

‘SCHEDULE

Employment businesses: failure to check

Offences

1    (1)
A person (P) who carries on an employment business commits an offence if—

(a)
he supplies an individual (B) to another person in the course of that

business,

(b)
he knows or has reason to believe that the other person will permit B

to engage in regulated activity, and

(c)
he is not appropriately registered in relation to B.

      (2)
P is appropriately registered in relation to B if—