rs2122310.1113-1119

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 23rd October 2006
1113

Safeguarding Vulnerable Groups Bill–[ [], continued

(a)
he is registered in relation to B under section (notification of cessation

of monitoring),

(b)
his registration relates to monitoring in relation to the activity, and

(c)
he has notified the Secretary of State of the address to which

communications are to be sent in connection with his registration.

      (3)
A person guilty of an offence under this paragraph is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

2    (1)
In such circumstances as are prescribed, 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 fails to obtain a copy of an enhanced criminal record certificate

relating to B issued in relation to P during the prescribed period.

      (2)
For these purposes “enhanced criminal record certificate” means—

(a)
in relation to regulated activity relating to children, 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 regulated activity relating to vulnerable adults, 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).

      (3)
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 Act, or

(b)
the application was countersigned on his behalf by such a person.

      (4)
A person guilty of an offence under this paragraph is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

Defences

3    (1)
P does not commit an offence under paragraph 1 or 2 if the regulated activity—

(a)
is regulated activity relating to vulnerable adults, and

(b)
falls within section 14.

      (2)
P does not commit an offence under paragraph 1 or 2 in relation to any period

during which he is continuously supplied to another if the period begins before

the commencement of this Schedule.

      (3)
Sub-paragraph (2) does not apply in relation to a period falling after such date

as the Secretary of State specifies by order.

Modified meaning of regulated activity

4
For the purposes of this Schedule, 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.

Report Stage Proceedings: 23rd October 2006
1114

Safeguarding Vulnerable Groups Bill–[ [], continued

Power to amend paragraph 2(1)(c)

5
The Secretary of State may by order amend paragraph 2(1)(c) for the purpose

of requiring an employment business to carry out such checks in relation to B

as may be specified.

Offence: acting for P etc

6
If the commission of an offence under paragraph 1 or 2 is due to the act or

reckless default of a person who acts for or appears to act for P—

(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 P.’.

Secretary Alan Johnson

Added  NS3

To move the following Schedule:—

      ‘SCHEDULE

Appropriate verification

Part 1

Default position

1    (1)
A regulated activity provider obtains an appropriate verification in accordance

with this Part if, during the prescribed period—

(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 the regulated activity provider.

      (2)
“Relevant information” means—

(a)
in relation to regulated activity relating to children, relevant

information relating to children (within the meaning of section

(meaning of relevant information in section (provision of vetting

information));

(b)
in relation to regulated activity relating to vulnerable adults, relevant

information relating to vulnerable adults (within the meaning of

section (meaning of relevant information in section (provision of

vetting information)).

2    (1)
A regulated activity provider obtains an appropriate verification in accordance

with this Part 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 the

regulated activity provider by a registered person (within the meaning

of Part 5 of the Police Act 1997), and

(c)
the regulated activity provider obtains from the registered person the

information mentioned in sub-paragraph (2) derived from the

certificate.

Report Stage Proceedings: 23rd October 2006
1115

Safeguarding Vulnerable Groups Bill–[ [], continued

      (2)
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.

3    (1)
This paragraph applies if—

(a)
a regulated activity provider permits B to engage in an activity that is

regulated activity,

(b)
B engages in the activity with the permission of that and another

regulated activity provider (C), and

(c)
the permission mentioned in paragraph (a) does not have continuous

effect for a period exceeding the prescribed period.

      (2)
The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an

appropriate verification in accordance with this Part if, during the prescribed

period, he obtains written confirmation from C—

(a)
that C is appropriately registered in relation to B,

(b)
that C has no reason to believe that B is barred from the activity, and

(c)
that C has no reason to believe that B is not subject to monitoring in

relation to the activity.

4    (1)
This paragraph applies if—

(a)
a regulated activity provider permits B to engage in regulated activity,

(b)
B is supplied by a personnel supplier, and

(c)
the permission does not have continuous effect for a period exceeding

the prescribed period.

      (2)
The regulated activity provider obtains an appropriate verification in

accordance with this Part if, during the prescribed period, he obtains written

confirmation from the personnel supplier—

(a)
that the personnel supplier is appropriately registered in relation to B,

(b)
that the personnel supplier has no reason to believe that B is barred

from the activity, and

(c)
that the personnel supplier has no reason to believe that B is not

subject to monitoring in relation to the activity.

Part 2

Prescribed verification

5
A regulated activity provider obtains an appropriate verification in accordance

with this Part if, during the prescribed period—

(a)
he ascertains in the prescribed manner whether B is subject to

monitoring in relation to the activity, and

(b)
he takes prescribed steps to have an enhanced criminal record

certificate relating to B issued in relation to him.

6    (1)
This paragraph applies if—

(a)
a regulated activity provider permits B to engage in an activity that is

regulated activity,

(b)
B engages in the activity with the permission of that and another

regulated activity provider (C), and

(c)
the permission mentioned in paragraph (a) does not have continuous

effect for a period exceeding the prescribed period.

      (2)
The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an

appropriate verification in accordance with this Part if he obtains from C—

Report Stage Proceedings: 23rd October 2006
1116

Safeguarding Vulnerable Groups Bill–[ [], continued

(a)
a copy of an enhanced criminal record certificate relating to B issued

in relation to C during the prescribed period, and

(b)
the confirmation mentioned in sub-paragraph (3) during the prescribed

period.

      (3)
The confirmation is written confirmation—

(a)
that C is appropriately registered in relation to B,

(b)
that C has no reason to believe that B is barred from the activity,

(c)
that C has no reason to believe that B is not subject to monitoring in

relation to the activity, and

(d)
that no information has been disclosed to C in pursuance of section

113B(6)(b) of the Police Act 1997 (c. 50) in connection with the

enhanced criminal record certificate.

7    (1)
This paragraph applies if—

(a)
a regulated activity provider permits B to engage in regulated activity,

(b)
B is supplied by a personnel supplier, and

(c)
the permission does not have continuous effect for a period exceeding

the prescribed period.

      (2)
The regulated activity provider obtains an appropriate verification in

accordance with this Part if he obtains from the personnel supplier—

(a)
a copy of an enhanced criminal record certificate relating to B issued

in relation to the personnel supplier during the prescribed period, and

(b)
the confirmation mentioned in sub-paragraph (3) during the prescribed

period.

      (3)
The confirmation is written confirmation—

(a)
that the personnel supplier is appropriately registered in relation to B,

(b)
that the personnel supplier has no reason to believe that B is barred

from the activity,

(c)
that the personnel supplier has no reason to believe that B is not

subject to monitoring in relation to the activity, and

(d)
that no information has been disclosed to the personnel supplier in

pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in

connection with the enhanced criminal record certificate.

Part 3

Prescribed verification

8
A regulated activity provider obtains an appropriate verification in accordance

with this Part if, during the prescribed period, he obtains a copy of an enhanced

criminal record certificate relating to B issued in relation to the regulated

activity provider.

9    (1)
This paragraph applies if—

(a)
a regulated activity provider permits B to engage in an activity that is

regulated activity,

(b)
B engages in the activity with the permission of that and another

regulated activity provider (C), and

(c)
the permission mentioned in paragraph (a) does not have continuous

effect for a period exceeding the prescribed period.

      (2)
The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an

appropriate verification in accordance with this Part if he obtains from C—

(a)
a copy of an enhanced criminal record certificate relating to B issued

in relation to C during the prescribed period, and

Report Stage Proceedings: 23rd October 2006
1117

Safeguarding Vulnerable Groups Bill–[ [], continued

(b)
the confirmation mentioned in sub-paragraph (3) during the prescribed

period.

      (3)
The confirmation is written confirmation—

(a)
that C is appropriately registered in relation to B,

(b)
that C has no reason to believe that B is barred from the activity,

(c)
that C has no reason to believe that B is not subject to monitoring in

relation to the activity, and

(d)
that no information has been disclosed to C in pursuance of section

113B(6)(b) of the Police Act 1997 (c. 50) in connection with the

enhanced criminal record certificate.

10  (1)
This paragraph applies if—

(a)
a regulated activity provider permits B to engage in regulated activity,

(b)
B is supplied by a personnel supplier, and

(c)
the permission does not have continuous effect for a period exceeding

the prescribed period.

      (2)
The regulated activity provider obtains an appropriate verification in

accordance with this Part if he obtains from the personnel supplier—

(a)
a copy of an enhanced criminal record certificate relating to B issued

in relation to the personnel supplier during the prescribed period, and

(b)
the confirmation mentioned in sub-paragraph (3) during the prescribed

period.

      (3)
The confirmation is written confirmation—

(a)
that the personnel supplier is appropriately registered in relation to B,

(b)
that the personnel supplier has no reason to believe that B is barred

from the activity,

(c)
that the personnel supplier has no reason to believe that B is not

subject to monitoring in relation to the activity, and

(d)
that no information has been disclosed to the personnel supplier in

pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in

connection with the enhanced criminal record certificate.

Part 4

Definitions and power to amend

11
In this Schedule “enhanced criminal record certificate” means—

(a)
in relation to regulated activity relating to children, 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 regulated activity relating to vulnerable adults, 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).

12
For the purposes of this Schedule an enhanced criminal record certificate is

issued in relation to a regulated activity provider, or personnel supplier, 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.

13
For the purposes of this Schedule a regulated activity provider, or personnel

supplier, is “appropriately registered” in relation to B if—

Report Stage Proceedings: 23rd October 2006
1118

Safeguarding Vulnerable Groups Bill–[ [], continued

(a)
he is registered in relation to B under section (notification of cessation

of monitoring),

(b)
his registration relates to monitoring in relation to the activity that he

has permitted or supplied B to engage in, and

(c)
he has notified the Secretary of State of the address to which

communications are to be sent in connection with his registration.

14
The Secretary of State may by order amend the preceding provisions of this

Schedule for the purpose of altering what constitutes obtaining an appropriate

verification.’.

Secretary Alan Johnson

Added  NS4

To move the following Schedule:—

‘Transitional provisions

Advice by IBB

1
IBB must provide the Secretary of State with such advice as he requests in

connection with—

(a)
any decision in relation to the inclusion of a person in the list kept

under section 1 of the Protection of Children Act 1999 (c. 14);

(b)
any decision in relation to the inclusion of a person in the list kept

under section 81 of the Care Standards Act 2000 (c. 14);

(c)
any decision in relation to a direction under section 142 of the

Education Act 2002 (c. 32) in relation to a person.

Existing restrictions relating to children

2    (1)
This paragraph applies to a person who is—

(a)
included in the list kept under section 1 of the Protection of Children

Act 1999 (individuals considered unsuitable to work with children);

(b)
disqualified from working with children by virtue of an order of the

court under section 28, 29 or 29A of the Criminal Justice and Court

Services Act 2000;

(c)
subject to a direction under section 142 of the Education Act 2002

(prohibition from teaching etc).

      (2)
The Secretary of State may, by order, make such provision as he thinks

appropriate—

(a)
requiring IBB to include the person in the children’s barred list;

(b)
requiring IBB to consider including the person in the children’s barred

list;

(c)
as to circumstances in which the person may make representations to

IBB and the time at which such representations may be made;

(d)
modifying the provisions of this Act so as to enable the person to

engage in regulated activity of such description as is specified in the

order in such circumstances as are so specified;

Report Stage Proceedings: 23rd October 2006
1119

Safeguarding Vulnerable Groups Bill–[ [], continued

(e)
modifying anything done under paragraph 13 or in paragraphs 14 to 19

of Schedule 2 in connection with IBB’s consideration of any matter

relating to the person.

      (3)
An order under this paragraph may contain provision—

(a)
enabling the General Teaching Council for England to make

determinations on an application by a person who has ceased to be

subject to a direction under section 142 of the Education Act 2002 in

relation to his eligibility for registration under the Teaching and

Higher Education Act 1998;

(b)
enabling the General Teaching Council for Wales to make

determinations on an application by a person who has ceased to be

subject to a direction under section 142 of the Education Act 2002 in

relation to his eligibility for registration under the Teaching and

Higher Education Act 1998;

(c)
for the Secretary of State to prescribe the procedure in relation to an

application as mentioned in paragraph (a);

(d)
for the Welsh Ministers to prescribe the procedure in relation to an

application as mentioned in paragraph (b).

Existing restrictions relating to vulnerable adults

3    (1)
This paragraph applies to a person who is included in the list kept under section

81 of the Care Standards Act 2000 (individuals considered unsuitable to work

with certain adults).

      (2)
The Secretary of State may, by order, make such provision as he thinks

appropriate—

(a)
requiring IBB to include the person in the adults’ barred list;

(b)
requiring IBB to consider including the person in the adults’ barred

list;

(c)
as to circumstances in which the person may make representations to

IBB and the time at which such representations may be made;

(d)
modifying the provisions of this Act so as to enable the person to

engage in regulated activity of such description as is specified in the

order in such circumstances as are so specified;

(e)
modifying anything done under paragraph 13 or in paragraphs 14 to 19

of Schedule 2 in connection with IBB’s consideration of any matter

relating to the person.

Existing restrictions: supplementary

4
An order under paragraph 2 or 3 may—

(a)
modify any criminal offence created by this Act;

(b)
create any new criminal offence,


but the penalty for an offence created by virtue of this paragraph must not

exceed level 5 on the standard scale.

Modifications relating to monitoring

5    (1)
The Secretary of State may by order provide that in relation to permission to

engage in regulated activity having effect during the transitional period,

references in section 11(1) and (1A) to ascertaining whether B is subject to

monitoring in relation to an activity have effect as references to ascertaining

whether B is barred from that activity.

      (2)
The transitional period is the period—