|
| |
| | |
| | |
| |
| | | (a) | beginning with the commencement of section 2, and |
|
| | | (b) | ending with the commencement of section 21.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 35, line 36 [Schedule 1], at end insert— |
|
| | | ‘(d) | establishing and maintaining a list of those who have applied to be |
|
| | | |
| | | (e) | monitoring the quality of prescribed information supplied to the IBB |
|
| | | from regulated activity providers and any persons who hold records of |
|
| | | convictions or cautions for the use of police forces; |
|
| | | (f) | putting in place and regularly monitoring systems that maximise the |
|
| | | accuracy of the monitored list and the barred list; |
|
| | | (g) | establishing and maintaining a secure online system for access to |
|
| | | barred lists for employers.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 35, line 36 [Schedule 1], at end insert— |
|
| | | ‘(8A) | IBB shall implement a comprehensive and ongoing communications |
|
| | | programme to ensure that all groups affected by the vetting and barring scheme |
|
| | | are informed of their rights and responsibilities under the law.’. |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 35, line 41 [Schedule 1], at end insert— |
|
| | | ‘(3) | The report shall contain information on the quality of information provided to |
|
| | | the IBB from regulated activity providers and any person who holds the |
|
| | | records of convictions or cautions for the use of police forces.’. |
|
| | |
| | | |
| | Page 35, line 43 [Schedule 1], at end insert— |
|
|
| |
| | |
| | |
| |
| | | |
| | | 10A | The Secretary of State may make payments to IBB of such amounts, at such |
|
| | | times and on such conditions (if any) as he thinks appropriate.’. |
|
| | |
| | |
| | | |
| | Page 36, line 10 [Schedule 1], leave out ‘lay’ and insert ‘send’. |
|
| | |
| | | |
| | Page 36, line 10 [Schedule 1], after report insert ‘to the Secretary of State, who |
|
| | |
| | |
| | | |
| | Page 36, line 22 [Schedule 1], at end insert— |
|
| | | ‘Payments in connection with maladministration |
|
| | | |
| | | (a) | that action taken by or on behalf of IBB amounts to maladministration, |
|
| | | |
| | | (b) | that a person has been adversely affected by the action, |
|
| | | | IBB may make such payment (if any) to the person as it thinks appropriate. |
|
| | | (2) | “Action” includes failure to act.’. |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 36, line 28 [Schedule 1], leave out sub-sub paragraph (c). |
|
| | |
| | |
| | |
| | | |
| | Page 37, line 13 [Schedule 2], leave out ‘include the person in the children’s barred |
|
| | |
| | | ‘(a) | include the person in the children’s barred list; |
|
| | | (b) | give the person the opportunity to make representations on any |
|
| | | exceptional circumstances warranting removal from the children’s |
|
| | | barred list if the inclusion is based on a caution. |
|
| | | (4) | If it appears to IBB that it is not appropriate for the person to be included in the |
|
| | | list, it must remove him from the list.’. |
|
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 37, line 33 [Schedule 2], leave out sub-paragraph (3) and insert— |
|
| | | ‘(3) | IBB must include the person in the children’s barred list if— |
|
| | | (a) | it is satisfied that the person has engaged in relevant conduct, and |
|
| | | (b) | it appears to IBB that it is appropriate to include the person in the list.’. |
|
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 37, line 33 [Schedule 2], after ‘if’, insert ‘on the balance of probabilities’. |
|
| | |
| | |
| | | |
| | Page 38, line 13 [Schedule 2], leave out from ‘involving’ to end of line 14 and |
|
| | insert ‘sexual material relating to children (including possession of such material);’. |
|
| | |
| | | |
| | Page 38, line 13 [Schedule 2], at end insert— |
|
| | | ‘(ca) | conduct involving sexually explicit images depicting violence against |
|
| | | human beings (including possession of such images), if it appears to |
|
| | | IBB that the conduct is inappropriate;’. |
|
| | |
| | | |
| | Page 38, line 22 [Schedule 2], at end insert— |
|
| | | ‘() | “Sexual material relating to children” means— |
|
| | | (a) | indecent images of children, or |
|
| | | (b) | material (in whatever form) which portrays children involved in |
|
| | | sexual activity and which is produced for the purposes of giving sexual |
|
| | | |
| | |
| | | |
| | Page 38, line 22 [Schedule 2], at end insert— |
|
| | | ‘() | “Image” means an image produced by any means, whether of a real or |
|
| | | |
| | |
| | | |
| | Page 38, line 25 [Schedule 2], leave out ‘(1)(c)’ and insert ‘(1)(ca)’. |
|
|
| |
| | |
| | |
| |
| | |
| | |
| | | |
| | Page 38, line 29 [Schedule 2], after ‘if’, insert ‘he has engaged in conduct which, in |
|
| | the opinion of an appropriate professional’. |
|
| | |
| | |
| | | |
| | Page 38, line 30 [Schedule 2], leave out ‘it appears’ and insert ‘indicates’. |
|
| | |
| | | |
| | Page 38, line 34 [Schedule 2], leave out sub-paragraph (3) and insert— |
|
| | | ‘(3) | IBB must include the person in the children’s barred list if— |
|
| | | (a) | it is satisfied that the person falls within sub-paragraph (4), and |
|
| | | (b) | it appears to IBB that it is appropriate to include the person in the list.’. |
|
| | |
| | | |
| | Page 38, line 41 [Schedule 2], at end insert— |
|
| | | ‘Restriction on inclusion |
|
| | | 5A (1) | IBB must not include a person in the children’s barred list— |
|
| | | (a) | only on a particular ground if a relevant Scottish authority has already |
|
| | | considered whether the person should be included in a corresponding |
|
| | | list on the same ground (whether or not it decided to include him in the |
|
| | | |
| | | (b) | if, in accordance with such criteria as the Secretary of State specifies |
|
| | | by order, it is more appropriate for the person’s case to be considered |
|
| | | by the relevant Scottish authority. |
|
| | | (2) | A relevant Scottish authority is such authority as the Secretary of State |
|
| | | specifies by order as exercising for the purposes of the law of Scotland |
|
| | | functions which correspond to those of IBB. |
|
| | | (3) | A corresponding list is a list maintained for the purposes of the law of Scotland |
|
| | | which the Secretary of State specifies by order as corresponding to the |
|
| | | children’s barred list.’. |
|
| | |
| | |
| | | |
| | Page 38, line 41 [Schedule 2], at end insert— |
|
| | | ‘5A(1) | The IBB cannot include a person under the age of 18 in the children’s barred |
|
| | | list without the opportunity to make representations. |
|
| | | (2) | 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.’. |
|
| | |
| | |
| | | |
| | Page 38, line 41 [Schedule 2], at end insert— |
|
|
| |
| | |
| | |
| |
| | | ‘(5) | In subsection (4), “appropriate professional” means any of the following— |
|
| | | |
| | | |
| | | (c) | a registered social worker; |
|
| | | (d) | a probation officer; or |
|
| | | (e) | a person of a description prescribed by the Secretary of State for the |
|
| | | purposes of this paragraph.’. |
|
| | |
| | |
| | |
| | | |
| | Page 39, line 8 [Schedule 2], leave out ‘include the person in the adults’ barred list’ |
|
| | |
| | | ‘(a) | include the person in the adults’ barred list; |
|
| | | (b) | give the person the opportunity to make representations as to why there |
|
| | | are exceptional circumstances warranting removal from the adults’ |
|
| | | barred list if the inclusion is based on a caution. |
|
| | | (4) | If it appears to IBB that it is not appropriate for the person to be included in the |
|
| | | list, it must remove him from the list.’. |
|
| | |
| | | |
| | Page 39, line 28 [Schedule 2], leave out sub-paragraph (3) and insert— |
|
| | | ‘(3) | IBB must include the person in the adults’ barred list if— |
|
| | | (a) | it is satisfied that the person has engaged in relevant conduct, and |
|
| | | (b) | it appears to IBB that it is appropriate to include the person in the list.’. |
|
| | |
| | | |
| | Page 39, line 36 [Schedule 2], leave out paragraph (c). |
|
| | |
| | | |
| | Page 39, line 38 [Schedule 2], at beginning insert— |
|
| | | ‘( ) | conduct involving sexual material relating to children (including |
|
| | | possession of such material);’. |
|
| | |
| | | |
| | Page 39, line 38 [Schedule 2], at beginning insert— |
|
| | | ‘(ca) | conduct involving sexually explicit images depicting violence against |
|
| | | human beings (including possession of such images), if it appears to |
|
| | | IBB that the conduct is inappropriate;’. |
|
| | |
|
| |
| | |
| | |
| |
| | |
| | | |
| | Page 40, line 4 [Schedule 2], at end insert— |
|
| | | ‘() | “Sexual material relating to children” means— |
|
| | | (a) | indecent images of children, or |
|
| | | (b) | material (in whatever form) which portrays children involved in |
|
| | | sexual activity and which is produced for the purposes of giving sexual |
|
| | | |
| | |
| | | |
| | Page 40, line 4 [Schedule 2], at end insert— |
|
| | | ‘() | “Image” means an image produced by any means, whether of a real or |
|
| | | |
| | |
| | | |
| | Page 40, line 7 [Schedule 2], leave out ‘(1)(c)’ and insert ‘(1)(ca)’. |
|
| | |
| | |
| | | |
| | Page 40, line 11 [Schedule 2], after ‘if’, insert ‘he has engaged in conduct which, in |
|
| | the opinion of an appropriate professional’. |
|
| | |
| | |
| | | |
| | Page 40, line 12 [Schedule 2], leave out ‘it appears’ and insert ‘indicates’. |
|
| | |
| | | |
| | Page 40, line 16 [Schedule 2], leave out sub-paragraph (3) and insert— |
|
| | | ‘(3) | IBB must include the person in the adults’ barred list if— |
|
| | | (a) | it is satisfied that the person falls within sub-paragraph (4), and |
|
| | | (b) | it appears to IBB that it is appropriate to include the person in the list.’. |
|
| | |
| | | |
| | Page 40, line 23 [Schedule 2], at end insert— |
|
| | | ‘Restriction on inclusion |
|
| | | 10A(1) | IBB must not include a person in the adults’ barred list— |
|
| | | (a) | only on a particular ground if a relevant Scottish authority has already |
|
| | | considered whether the person should be included in a corresponding |
|
| | | list on the same ground (whether or not it decided to include him in the |
|
| | | |
| | | (b) | if, in accordance with such criteria as the Secretary of State specifies |
|
| | | by order, it is more appropriate for the person’s case to be considered |
|
| | | by the relevant Scottish authority. |
|
|
| |
| | |
| | |
| |
| | | (2) | A relevant Scottish authority is such authority as the Secretary of State |
|
| | | specifies by order as exercising for the purposes of the law of Scotland |
|
| | | functions which correspond to those of IBB. |
|
| | | (3) | A corresponding list is a list maintained for the purposes of the law of Scotland |
|
| | | which the Secretary of State specifies by order as corresponding to the adults’ |
|
| | | |
| | |
| | |
| | | |
| | Page 40, line 23 [Schedule 2], at end insert— |
|
| | | ‘10A (1) | The IBB cannot include a person under the age of 18 in the adults’ barred list |
|
| | | without the right to representations. |
|
| | | (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.’. |
|
| | |
| | |
| | | |
| | Page 40, line 23 [Schedule 2], at end insert— |
|
| | | ‘(5) | In subsection (4), “appropriate professional” means any of the following— |
|
| | | |
| | | |
| | | (c) | a registered social worker; |
|
| | | (d) | a probation officer; or |
|
| | | (e) | a person of a description prescribed by the Secretary of State for the |
|
| | | purposes of this paragraph.’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 42, line 10 [Schedule 2], leave out ‘thinks’ and insert ‘has reason to suspect’. |
|
| | |
| | |
| | |
| | |
| | |
| | |
| | | |
| | Page 43, line 9 [Schedule 2], leave out ‘thinks’ and insert ‘has reason to believe’. |
|
|
