Report Stage Proceedings: 23rd October 2006

1127

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  130

Page  43,  line  19  [Schedule  2],  at end insert—

‘()	If IBB so requests, the Secretary of State must inform IBB which police forces

are relevant police forces in relation to a person.’.

Secretary Alan Johnson

Agreed to  131

Page  43,  line  36  [Schedule  2],  at end insert—

‘	The Secretary of State must inform the Scottish Ministers if a person is

included in a barred list.’.

Secretary Alan Johnson

Agreed to  132

Page  43,  line  36  [Schedule  2],  at end insert—

‘	IBB may, at the request of the Welsh Ministers, provide them with such

information relating to the exercise of its functions as it thinks may be relevant

to the exercise by the Welsh Ministers of any of their functions.’.

Secretary Alan Johnson

Agreed to  133

Page  43,  line  44  [Schedule  2],  before ‘list’ insert ‘specified’.

Secretary Alan Johnson

Agreed to  134

Page  43,  line  45  [Schedule  2],  leave out from ‘Kingdom’ to end of line 47.

Secretary Alan Johnson

Agreed to  135

Page  44,  line  10  [Schedule  2],  at end insert—

‘( )	The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c)

only if he thinks that inclusion in the list has a corresponding or similar effect to

inclusion in a barred list.’.

Secretary Alan Johnson

Agreed to  136

Page  44,  line  10  [Schedule  2],  at end insert—

‘(e)	section 42 of the Armed Forces Act 2006.’.

Secretary Alan Johnson

Agreed to  137

Page  44,  line  10  [Schedule  2],  at end insert—

‘(2A)

For the purposes of determining whether any of the criteria is satisfied in

relation to a person, ignore—

(a)	any offence committed before he attained the age of 18;

(b)	any order or direction made before that time.’.

Report Stage Proceedings: 23rd October 2006

1128

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  138

Page  44,  line  20  [Schedule  2],  at end insert—

‘()	For the purposes of sub-paragraph (2A) an offence committed over a period of

time must be treated as committed on the last day of the period.’.

Secretary Alan Johnson

Agreed to  239

Page  44,  line  24  [Schedule  2],  leave out ‘or cautions relating to offences

committed’ and insert ‘made, or cautions given,’.

Secretary Alan Johnson

Agreed to  139

Page  44,  line  25  [Schedule  2],  at end insert—

‘	A court by or before which a person is convicted of an offence of a description

specified for the purposes of paragraph 20(1)(a), or which makes an order of a

description specified for the purposes of paragraph 20(1)(b), must inform the

person at the time he is convicted or the order is made that IBB will include

him in the barred list concerned.’.

Secretary Alan Johnson

Agreed to  140

Page  44,  line  33  [Schedule  3],  at end insert ‘or the period condition is satisfied’.

Secretary Alan Johnson

Agreed to  141

Page  44,  line  34  [Schedule  3],  leave out sub-paragraph (2).

Secretary Alan Johnson

Agreed to  142

Page  44,  line  38  [Schedule  3],  at end insert ‘or the period condition is satisfied’.

Secretary Alan Johnson

Agreed to  143

Page  45,  line  1  [Schedule  3],  leave out ‘the activity’ and insert—

‘( )	it is carried out by a person while engaging in any form of work

(whether or not for gain),

( )

it’.

Mrs Maria Miller

Tim Loughton

Mr Rob Wilson

Anne Main

Mr David Evennett

Not called  199

Page  45,  line  5  [Schedule  3],  at end insert—

‘(e)	an employer using their professional judgment may produce a statement

defining frequency in relation to that particular establishment if the

definition of frequency is equal to or less than the definition in the Act’.

Report Stage Proceedings: 23rd October 2006

1129

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  144

Page  45,  line  22  [Schedule  3],  at end insert—

‘(5C)

It is a regulated activity relating to children to foster a child (as mentioned in

section (Fostering)).’.

Secretary Alan Johnson

Agreed to  145

Page  46,  line  20  [Schedule  3],  leave out ‘, (2)’.

Secretary Alan Johnson

Agreed to  146

Page  46,  line  23  [Schedule  3],  leave out ‘and (2)’.

Secretary Alan Johnson

Agreed to  147

Page  46,  line  35  [Schedule  3],  at end insert—

‘(f)	driving a vehicle which is being used only for the purpose of

conveying children and any person supervising or caring for the

children pursuant to arrangements made in prescribed circumstances.’.

Judy Mallaber

Margaret Moran

Roger Berry

Annette Brooke

Sarah Teather

Derek Wyatt

Not called  242

Page  46,  line  35  [Schedule  3],  at end insert—

‘(f)	providing information on the past or present whereabouts of any legal

minor where that information is derived from any electronic

communications network within the meaning of section 32 of the

Communications Act 2003 (c. 21).’.

Secretary Alan Johnson

Agreed to  148

Page  47,  line  9  [Schedule  3],  at end insert—

‘( )	But a person does not moderate a public electronic interactive communications

service as mentioned in sub-paragraph (4)(b) or (c) unless he has—

(a)	access to the content of the matter;

(b)	contact with users of the service.’.

Secretary Alan Johnson

Agreed to  149

Page  47,  line  14  [Schedule  3],  leave out ‘(2),’.

Report Stage Proceedings: 23rd October 2006

1130

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  150

Page  47,  line  36  [Schedule  3],  leave out ‘childminding or’.

Mrs Maria Miller

Tim Loughton

Mr Rob Wilson

Anne Main

Mr David Evennett

Not selected  8

Page  47,  line  40  [Schedule  3],  leave out ‘1(6)’ and insert ‘1(9)’.

Secretary Alan Johnson

Agreed to  151

Page  48,  line  16  [Schedule  3],  leave out ‘or chief executive’ and insert ‘, chief

executive or member of staff’.

Secretary Alan Johnson

Agreed to  152

Page  49,  line  11  [Schedule  3],  at end insert—

‘Exceptions

The Secretary of State may, by order, provide that in such circumstances as are

specified an activity which is a regulated activity in relation to children is not

to be treated as a regulated activity.’.

Secretary Alan Johnson

Agreed to  153

Page  49,  line  15  [Schedule  3],  at end insert ‘or the period condition is satisfied’.

Secretary Alan Johnson

Agreed to  154

Page  49,  line  23  [Schedule  3],  at end insert—

‘(ea)

driving a vehicle which is being used only for the purpose of

conveying vulnerable adults and any person caring for the vulnerable

adults pursuant to arrangements made in prescribed circumstances;’.

Secretary Alan Johnson

Agreed to  155

Page  49,  line  32  [Schedule  3],  at end insert—

‘( )	But a person does not moderate a public electronic interactive communications

service as mentioned in sub-paragraph (2)(b) or (c) unless he has—

(a)	access to the content of the matter;

(b)	contact with users of the service.’.

Report Stage Proceedings: 23rd October 2006

1131

Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  156

Page  49,  line  33  [Schedule  3],  leave out sub-paragraph (3).

Secretary Alan Johnson

Agreed to  157

Page  49,  line  40  [Schedule  3],  at end insert ‘or the period condition is satisfied’.

Secretary Alan Johnson

Agreed to  158

Page  49,  line  40  [Schedule  3],  at end insert—

‘( )	it is carried out by a person while engaging in any form of work

(whether or not for gain),’.

Secretary Alan Johnson

Agreed to  159

Page  50,  line  3  [Schedule  3],  leave out ‘, (3)’.

Secretary Alan Johnson

Agreed to  160

Page  50,  line  5  [Schedule  3],  after ‘the’ insert ‘inspection’.

Mr Paul Burstow

Not called  196

Page  50,  line  8  [Schedule  3],  after ‘Wales’, insert—

‘(d)	The Office of the Public Guardian,

(e)	The Court of Protection’.

Secretary Alan Johnson

Agreed to  161

Page  50,  line  9  [Schedule  3],  leave out from beginning to ‘is’ in line 10.

Secretary Alan Johnson

Agreed to  162

Page  50  [Schedule  3],  leave out line 12 and insert—

‘(7)	Inspection functions are functions relating to the inspection of—’.

Secretary Alan Johnson

Agreed to  163

Page  50,  line  12  [Schedule  3],  at end insert—

‘( )	a local authority (within the meaning of section 1 of the Local

Authority Social Services Act 1970 (c. 42)) in the exercise of its social

services functions (within the meaning of that Act),’.

Secretary Alan Johnson

Agreed to  164

Page  50,  line  19  [Schedule  3],  at end insert ‘or

Report Stage Proceedings: 23rd October 2006

1132

Safeguarding Vulnerable Groups Bill–[ [], continued

( )	any person, other than a local authority, providing English local

authority social services or Welsh local authority social services

within the meaning of that section,’.

Secretary Alan Johnson

Agreed to  165

Page  50  [Schedule  3],  leave out line 20 and insert—

‘in so far as the inspection relates to social services, care, treatment or therapy

provided for vulnerable adults by the establishment, agency, person or body.’.

Secretary Alan Johnson

Agreed to  166

Page  50,  line  24  [Schedule  3],  leave out sub-paragraphs (9) and (10) and insert—

‘(9)	The exercise of a function of a person mentioned in paragraph 6A(1) is a

regulated activity relating to vulnerable adults.’.

Secretary Alan Johnson

Agreed to  167

Page  50,  line  33  [Schedule  3],  at end insert—

‘6A(1)

The persons referred to in paragraph 6(9) are—

(a)	member of a relevant local government body;

(b)	director of adult social services of a local authority in England;

(c)	director of social services of a local authority in Wales;

(d)	Commissioner for older people in Wales or deputy Commissioner for

older people in Wales;

(e)	charity trustee of vulnerable adults’ charity;

(f)	member or chief executive or member of staff of IBB.

(2)	For the purposes of sub-paragraph (1)(a), a person is a member of a relevant

local government body if—

(a)	he is a member of a local authority and discharges any social services

functions of a local authority which relate wholly or mainly to

vulnerable adults;

(b)	he is a member of an executive of a local authority which discharges

any such functions;

(c)	he is a member of a committee of an executive of a local authority

which discharges any such functions;

(d)	he is a member of an area committee, or any other committee, of a

local authority which discharges any such functions.

(3)	Any reference in sub-paragraph (2) to a committee includes a reference to any

sub-committee which discharges any functions of that committee.

(4)	A charity is a vulnerable adults’ charity if the individuals who are workers for

the charity normally include individuals engaging in regulated activity relating

to vulnerable adults.

(5)	An individual is a worker for a charity if he does work under arrangements

made by the charity; but the arrangements referred to in this sub-paragraph do

not include any arrangements made for purposes which are merely incidental

to the purposes for which the charity is established.

(6)	In this paragraph—

“area committee” has the same meaning as in section 18 of the Local

Government Act 2000 (c. 22);

“charity” and “charity trustee” have the same meanings as in the Charities

Act 1993 (c. 10);

Report Stage Proceedings: 23rd October 2006

1133

Safeguarding Vulnerable Groups Bill–[ [], continued

“executive”, in relation to a local authority, has the same meaning as in Part

2 of the Local Government Act 2000 (c. 22);

“local authority” has the same meaning as in the Education Act 1996 (c. 56);

“social services functions”, in relation to a local authority, has the same

meaning as in the Local Authority Social Services Act 1970 (c. 42).

(7)	In relation to a local authority—

(a)	which is a children’s services authority (within the meaning of the

Children Act 2004), and

(b)	which has not appointed a director of children’s services under section

18 of that Act,

in sub-paragraph (1)(b) above the word “adult” must be ignored.’.

Secretary Alan Johnson

Agreed to  168

Page  50,  line  33  [Schedule  3],  at end insert—

‘The Secretary of State may, by order, provide that in such circumstances as

are specified an activity which is a regulated activity in relation to vulnerable

adults is not to be treated as a regulated activity.’.

Secretary Alan Johnson

Agreed to  169

Page  50,  line  33  [Schedule  3],  at end insert—

‘Part 3

The period condition

(1)	The period condition is satisfied if the person carrying out the activity does so

at any time on more than two days in any period of 30 days.

(2)	In relation to an activity that falls within paragraph 2(1)(a), (b), (c) or (d) or

6(1)(a), (b), (c), (d) or (f), the period condition is also satisfied if—

(a)	the person carrying out the activity does so at any time between 2 a.m.

and 6 a.m, and

(b)	the activity gives the person the opportunity to have face-to-face

contact with children or vulnerable adults (as the case may be).’.

Secretary Alan Johnson

Agreed to  240

Page  50,  line  36  [Schedule  4],  leave out paragraphs 1 and 2 and insert—

‘1	This is the table referred to in sections (provision of vetting information) and

(notification of cessation of monitoring)—

Column 1

Column 2

1. Person who permits, or is considering

Children

whether to permit, B to engage in regulated

activity relating to children

2. Person who permits, or is considering

Vulnerable adults

whether to permit, B to engage in regulated

activity relating to vulnerable adults

3. Person who permits, or is considering

Children

whether to permit, B to engage in controlled

activity relating to children

4. Person who permits, or is considering

Vulnerable adults

whether to permit, B to engage in controlled

activity relating to vulnerable adults

5. Personnel supplier in connection with the

Children

supply, or possible supply, of B to another

person for B to engage in regulated activity

relating to children

6. Personnel supplier in connection with the

Vulnerable adults

supply, or possible supply, of B to another

person for B to engage in regulated activity

relating to vulnerable adults

7. Personnel supplier in connection with the

Children

supply, or possible supply, of B to another

person for B to engage in controlled activity

relating to children

8. Personnel supplier in connection with the

Vulnerable adults

supply, or possible supply, of B to another

person for B to engage in controlled activity

relating to vulnerable adults

9. Person who has parental responsibility for

Children

a child and is considering whether B is

suitable to engage in regulated activity in

relation to the child, but not if B is permitted

to do so by an independent regulated activity

provider

10. Parent who is considering whether B

Children

should be a private foster parent (within the

meaning of section (Fostering)) in relation to

his child

11. Person (except the parent of a child to be

Children

fostered) making or who has made

arrangements for another to foster a child

who is considering whether B is suitable to

live in premises in which the child is fostered

12. Local authority (within the meaning of

Children

the Children Act 1989) in the exercise of

functions under section 67 of that Act

considering whether B is suitable —

(a)	to foster a child privately (within the

meaning of that Act);

(b)	to live in premises in which a child is

so fostered.

13. Person who is considering whether B is

Vulnerable adults

suitable to engage in regulated activity in

relation to a vulnerable adult who is a friend

or family member of the person, but not if B

is permitted to do so by an independent

regulated activity provider

14. Person who carries on an adult placement

Vulnerable adults

scheme and is considering whether B is

suitable to live in premises in which an adult

is provided with accommodation as part of

the scheme

15. Person who is permitting, or considering

Children

whether to permit, B to have access to health

or educational records relating to a child

16. Person who is permitting, or considering

Vulnerable adults

whether to permit, B to have access to health

records relating to vulnerable adults

17. Appropriate officer (within the meaning

Children

of section 12) who is required to obtain

relevant information relating to B

18. Person who is permitting, or is

Children

considering whether to permit, B to engage in

an activity in respect of which financial

resources are provided pursuant to section

5(1) or 34(1) of the Learning and Skills Act

2000 (c. 21), if engaging in the activity gives

B the opportunity to have contact with

children

19. Person of a prescribed description who is

(a) Children (if

performing a prescribed function in

prescribed for the

connection with B in such circumstances as

purposes of this

are prescribed

entry);                     

(b) vulnerable

adults (if prescribed

for the purposes of

this entry)

---

Revised 24 October 2006