Report Stage Proceedings: 23rd October 2006

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Safeguarding Vulnerable Groups Bill–[ [], continued

“(ch)

temporary service with the Independent Barring Board on

which a person is engaged with the consent of the appropriate

authority;’.

(3)	In subsections (6)(a) and (8), after “(cg)” insert “, (ch)”.’.

Secretary Alan Johnson

Agreed to  181

Page  55,  line  23  [Schedule  5],  at end insert—

‘Children Act 1989 (c. 41)

In section 68 of the Children Act 1989 (persons disqualified from being private

foster parents) after subsection (3) insert—

“(3A)

A person shall not foster a child privately if—

(a)	he is barred from regulated activity relating to children (within

the meaning of section 3(2) of the Safeguarding Vulnerable

Groups Act 2006); or

(b)	he lives in the same household as a person who is barred from

such activity.”’.

Secretary Alan Johnson

Agreed to  182

Page  55  [Schedule  5],  leave out lines 36 to 40 and insert—

‘()	After section 113B insert—

“113BA

Suitability information relating to children

(1)	In such cases as are prescribed, an enhanced criminal record certificate

must also include suitability information relating to children.

(2)	Suitability information relating to children is—

(a)	whether the applicant is barred from regulated activity

relating to children;

(b)	if the applicant is barred from such activity, such details as are

prescribed of the circumstances in which he became barred;

(c)	whether the applicant is subject to monitoring in relation to

regulated activity relating to children;

(d)	whether the Independent Barring Board is considering

whether to include the applicant in the children’s barred list in

pursuance of paragraph 3 or 5 of Schedule 2 to the 2006 Act.

(3)	Expressions used in this section and in the 2006 Act have the same

meaning in this section as in that Act, except that “prescribed” must be

construed in accordance with section 125 of this Act.

(4)	“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

113BB

Suitability information relating to vulnerable adults

(1)	In such cases as are prescribed, an enhanced criminal record certificate

must also include suitability information relating to vulnerable adults.

(2)	Suitability information relating to vulnerable adults is —

(a)	whether the applicant is barred from regulated activity

relating to vulnerable adults;

Report Stage Proceedings: 23rd October 2006

1141

Safeguarding Vulnerable Groups Bill–[ [], continued

(b)	if the applicant is barred from such activity, such details as are

prescribed of the circumstances in which he became barred;

(c)	whether the applicant is subject to monitoring in relation to

regulated activity relating to vulnerable adults;

(d)	whether the Independent Barring Board is considering

whether to include the applicant in the adults’ barred list in

pursuance of paragraph 8 or 10 of Schedule 2 to the 2006 Act.

(3)	Expressions used in this section and in the 2006 Act have the same

meaning in this section as in that Act, except that “prescribed” must be

construed in accordance with section 125 of this Act.

(4)	“The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.

113BC

Suitability information: power to amend

(1)	The Secretary of State may by order made by statutory instrument—

(a)	amend section 113BA for the purpose of altering the meaning

of suitability information relating to children;

(b)	amend section 113BB for the purpose of altering the meaning

of suitability information relating to vulnerable adults.

(2)	Such an order is subject to annulment in pursuance of a resolution of

either House of Parliament.”

()	In section 114 (criminal record certificates: Crown employment), in subsection

(3), for “Sections 113A(3) to (6) and 113C to 113F” substitute “Section

113A(3) to (6)”.

()	In section 116 (enhanced criminal record certificates: judicial appointments

and Crown employment), in subsection (3), for “113C to 113F” substitute

“113BA to 113BC”.’.

Secretary Alan Johnson

Agreed to  183

Page  56,  line  2  [Schedule  5],  at end insert—

‘()	before subsection (2) insert—

“(1B)

The Secretary of State may require the chief officer of a police force

to make available such information as he may specify for the purpose

of determining, in relation to applications under section 113B, whether

the police force is a relevant police force.”;’.

Secretary Alan Johnson

Agreed to  184

Page  56,  line  19  [Schedule  5],  at end insert—

‘Data Protection Act 1998 (c. 29)

1    (1)

The Data Protection Act 1998 is amended as follows.

(2)	In section 56 (prohibition of requirement as to production of certain records)

in the table in subsection (6)—

(a)	in the second column of the entry relating to the Secretary of State,

after paragraph (f) insert—

Report Stage Proceedings: 23rd October 2006

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Safeguarding Vulnerable Groups Bill–[ [], continued

“(g) His functions under the

Safeguarding Vulnerable

Groups Act 2006.”

(b)	after the entry relating to the Department of Health and Social Services

in Northern Ireland insert—

	“4. The Independent	Its functions under the
	Barring Board	Safeguarding Vulnerable
		Groups Act 2006.”

(3)	In section 75 (commencement etc.), after subsection (4) insert—

“(4A)

Subsection (4) does not apply to section 56 so far as that section relates

to a record containing information relating to—

(a)	the Secretary of State’s functions under the Safeguarding

Vulnerable Groups Act 2006, or

(b)	the Independent Barring Board’s functions under that Act.”’.

Secretary Alan Johnson

Agreed to  185

Page  56,  line  27  [Schedule  5],  leave out paragraphs 9 and 10.

Secretary Alan Johnson

Agreed to  186

Page  57,  line  19  [Schedule  6],  at end insert—

‘Police Act 1997 (c. 50)

Sections 113C to 113F’.

Secretary Alan Johnson

Agreed to  187

Page  57,  line  20  [Schedule  6],  at beginning insert—

	‘Children Act 1989 (c. 41)	In Schedule 9A, in paragraph 4(2), paragraphs (a)
		and (b)
	Teaching and Higher Education	Section 2(4)
	Act 1998 (c. 30)
		In section 3(3), paragraph (a)
		Section 15(4)
	Protection of Children Act 1999	Sections 1 to 4C and 7
	(c. 14)
		In section 9(1), the words from “which shall
		exercise” to the end
		In section 9(2), paragraphs (a), (b) and (e)
		In section 9(3A)
		In section 12, all the definitions in subsection (1)
		except the definition of “prescribed”, and
		subsections (2) to (3A)
		Section 13
	Care Standards Act 2000 (c. 14)	Sections 80 to 89, 91 to 99 and 101
		In Schedule 4, in paragraph 26, both of the sub-
		paragraphs numbered (2) and sub-paragraph (4)’.

Report Stage Proceedings: 23rd October 2006

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Safeguarding Vulnerable Groups Bill–[ [], continued

Secretary Alan Johnson

Agreed to  188

Page  57,  line  20  [Schedule  6],  column 2, after ‘Sections’ insert ‘24 and’.

Secretary Alan Johnson

Agreed to  189

Page  57,  line  21  [Schedule  6],  at end insert—

‘In section 42(1), the definition of “disqualification

order”

Schedule 4’.

Secretary Alan Johnson

Agreed to  190

Page  57,  line  21  [Schedule  6],  at end insert—

	‘Serious Organised Crime and	Schedule 14, paragraph 2’.
	Police Act 2005 (c. 15)

Secretary Alan Johnson

Agreed to  191

Page  57,  line  21  [Schedule  6],  at end insert—

		'In Schedule 7, paragraphs 155, 157 and 158
	Education Act 2002 (c. 32)	Sections 142 to 144
		In Schedule 21, paragraphs 75, 76(b), 86(2), 121,
		122(a), 123 and 128
	Adoption and Children Act 2002	In Schedule 3, paragraph 94
	(c. 38)
	Health and Social Care	Section 189(1) to (3)
	(Community Health and
	Standards) Act 2003 (c. 43)
		In Schedule 9, paragraph 14
	Criminal Justice Act 2003 (c. 44)	Section 299
		Schedule 30
	Children Act 2004 (c. 31)	Section 39
		In Schedule 1, paragraph 11
		In Schedule 2, paragraphs 6 and 7
	Civil Partnership Act 2004 (c. 33)	In Schedule 21, paragraph 49A
	Constitutional Reform Act 2005	In Schedule 11, paragraph 35
	(c. 4)
	Inquiries Act 2005 (c. 12)	In Schedule 2, paragraphs 18 and 19
	Childcare Act 2006 (c. 21)	In section 75(3), paragraphs (a) and (b)’.

Bill read the third time, and passed.

Report Stage Proceedings: 23rd October 2006

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Safeguarding Vulnerable Groups Bill–[ [], continued

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Revised 24 October 2006