06243.1-7

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]

Safeguarding Vulnerable Groups Bill [HL]
lords amendments to commons AMENDMENTS
[The page and line references are to HL Bill 194, the bill as first printed for the Commons.]
Clause 46
COMMONS AMENDMENT NO. 153
153
Page 29, line 30, at end insert—

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

provision amending this Act or confers power to make subordinate

legislation,”

LORDS agreement and AMENDMENT to commons amendment

The Lords agree to Commons Amendment 153 and propose Amendment 153A thereto—
153A
Line 3, leave out “this” and insert “any”
After Schedule 3
COMMONS AMENDMENT NO. 237
237
Insert the following new 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—

Bill 243 54/1

Safeguarding Vulnerable Groups Bill [HL]
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(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.

      (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,

Safeguarding Vulnerable Groups Bill [HL]
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(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—

(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.

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      (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

(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—

Safeguarding Vulnerable Groups Bill [HL]
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(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—

(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.”

Safeguarding Vulnerable Groups Bill [HL]
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LORDS AGREEMENT AND CONSEQUENTIAL AMENDMENT

The Lords agree to Commons Amendment 237 and propose the following consequential

amendment to the bill—
237A
Page 29, line 33, at end insert—

“( )
by order under paragraph 14 of Schedule (Appropriate verification),”
After Schedule 4
COMMONS AMENDMENT NO. 250
250
Insert the following new Schedule—

“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;

Safeguarding Vulnerable Groups Bill [HL]
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(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