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‘(1) A person does not commit an offence under section (Offences: other persons) if B has not attained the age of 16.
(2) A person does not commit an offence under section (Offences: other persons) if the regulated activity—
(a) is regulated activity relating to adults, and
(3) A person does not commit an offence under section (Offences: other persons)(1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
(a) the permission is first given before the commencement of that section, and
(b) it continues to have effect after such commencement.
(4) Subsection (3) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(5) A person does not commit an offence under subsection (1) of section (Offences: other persons) if—
(a) the regulated activity provider for whom he acts or appears to act falls within section 15,
(b) the permission mentioned in subsection (1) of section (Offences: other persons) commences at a time when B is engaged in relevant NHS employment mentioned in section 15(1)(b) in circumstances mentioned in subsection (3) above, and
(c) for the duration of the permission mentioned in subsection (1) of section (Offences: other persons) B continues to be engaged in that relevant NHS employment.
(6) A person is not guilty of an offence under section (Offences: other persons)(3) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of that section.
(7) Subsection (6) does not have effect in respect of a supply which continues to have effect after such date as the Secretary of State specifies by order.’.— [Mr. Dhanda.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) The Secretary of State may by regulations provide that a person commits an offence if—
(a) he engages in activity that is regulated activity by virtue of paragraph 1(9) or 6(9) of Schedule 3, and
(b) he is not subject to monitoring in relation to the activity.
(2) The Secretary of State may by regulations provide that a prescribed person (P) commits an offence if he fails in the prescribed period to make a check in accordance with section (sections 12 and (office holders: offences): checks) in relation to another person (B) appointed to a position mentioned in paragraph 4(1) or 6A(1) of Schedule 3.
(3) Regulations under subsection (1) or (2) may provide for defences to the offence.
(4) An offence created by regulations under this section is punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale.’.— [Mr. Dhanda.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) This section has effect for the purposes of sections 12 and (office holders: offences).
(2) P makes a check in accordance with this section if—
(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 P.
(3) P makes a check in accordance with this section 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 P by a registered person (within the meaning of Part 5 of the Police Act 1997), and
(c) P obtains from the registered person the information mentioned in subsection (4) derived from the certificate.
(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.
(5) In subsection (2)(a) “relevant information” means—
(a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 3, relevant information relating to children (within the meaning of section (meaning of relevant information in section (provision of vetting information));
(b) in relation to a person appointed to a position mentioned in paragraph 6A(1) of Schedule 3, relevant information relating to vulnerable adults (within the meaning of section (meaning of relevant information in section (provision of vetting information)).
(6) For the purposes of subsection (2)(b) 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 (c. 50), or
(b) the application was countersigned on his behalf by such a person.
(7) In this section “enhanced criminal record certificate” means—
(a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 3, 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 a person appointed to a position mentioned in paragraph 6A(1) of Schedule 3, 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).’.— [Mr. Dhanda.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) Schedule (employment businesses: failure to check) (employment businesses: failure to check) has effect.
(2) The Secretary of State may by order make provision (including provision amending this Act) corresponding to Schedule (employment businesses: failure to check) in relation to the supply of persons by a personnel supplier otherwise than in the course of carrying on an employment business.’.— [Mr. Dhanda.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) In so far as a power to make subordinate legislation under any of the following provisions is exercisable only in relation to Wales, it is exercisable by the Welsh Ministers instead of by the Secretary of State—
(d) section 12(1), (4) or (5);
(e) section ((Offences: other persons): exclusions and defences)(4) or (7);
(f) section (Controlled activity: regulations)(1);
(g) section (Provision of vetting information)(8);
(h) paragraph 3(3) of Schedule (Employment business: failure to check).
(2) If the exercise of a power to make subordinate legislation under either of the following provisions will have effect in relation to any function of the Welsh Ministers to which the provision applies, or would apply in consequence of the exercise of the power, the Secretary of State must not exercise the power without the consent of the Welsh Ministers—
(a) section 36(1), (5) or (9);
(c) section (Supervisory authorities: power to apply for vetting information)(7);
(d) section (Supervisory authorities: notification of barring &c. in respect of children)(7) or (8);
(e) section (Supervisory authorities: notification of barring &c. in respect of vulnerable adults)(7) or (8).
(3) If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to Wales, the Secretary of State must not exercise the power unless he first consults the Welsh Ministers—
(f) section (meaning of relevant information in section (Provision of vetting information))(6);
(h) section 28(1), (2) or (3);
(l) section 33(1), (6) or (9);
(q) paragraph 1(1), 2(1), 6(1) or 7(1) of Schedule 2;
(r) paragraph 2(1)(f) or 6(1)(ea) of Schedule 3;
(s) paragraph 5 of Schedule (Employment business: failure to check);
(t) paragraph 14 of Schedule (Appropriate verification).
(4) A power to make subordinate legislation is a power to make regulations or an order.
(5) In the application of section 46 to the exercise of a power by the Welsh Ministers by virtue of this section—
(a) the reference in subsection (2) of that section to either House of Parliament must be taken to be a reference to the National Assembly for Wales;
(b) the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Assembly.’.— [Mr. Dhanda.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) Subject to the provisions of this section, this Act and any regulations or orders made under it bind the Crown.
(2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it makes the Crown criminally liable.
(3) Despite subsection (2), this Act and any regulations or orders made under it apply to persons in Crown employment (within the meaning of the Employment Rights Act 1996) as they apply to other persons.
(4) Subsection (2) of section 6 does not apply in relation to any activity carried out by the Crown.
(5) Each government department and other body performing functions on behalf of the Crown—
(a) if the department or body engages in regulated activity, is the regulated activity provider in relation to the activity;
(b) if the department or body engages in controlled activity, is the responsible person (within the meaning of section (Controlled activity: regulations)) in relation to the activity.
(6) In subsection (5) “body” includes office-holder.
(7) Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity (within the meaning of section 38(3) of the Crown Proceedings Act 1947).’.— [Mr. Dhanda.]
Brought up, read the First and Second time, and added to the Bill.
‘(1) The Secretary of State may, by regulations, make provision as to—
(a) the persons who are permitted to engage in controlled activity;
(b) the steps which must be taken by a responsible person in connection with permitting another to engage in controlled activity;
(c) circumstances in which a responsible person must not permit another to engage in controlled activity.
(a) include provision for a responsible person who contravenes any provision of the regulations to be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale;
(b) in relation to such an offence, make provision corresponding to sections 16, (Offences: other persons) and ((Offences: other persons): exclusions and defences).
(3) A person is a responsible person if—
(a) he is responsible for the management or control of a controlled activity, and
(b) if the controlled activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes.’.— [Mr. Dhanda.]
Brought up, read the First and Second time, and added to the Bill.
‘Schedule (Transitional provisions) has effect.’.— [Mr. Dhanda.]
Brought up, and read the First time.
Mr. Dhanda: I beg to move, That the clause be read a Second time.
Mr. Speaker: With this it will be convenient to discuss the following: New clause 24— Assessment of Under 18s on the barred lists—
‘(1) 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.
(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.’.
Amendment No. 1, in clause 4, page 2, line 24, leave out ‘only’.
Amendment No. 2, page 2, line 28, at end insert—
‘(2A) An appeal under subsection 1 may be made on the grounds that there are issues of fact that were unavailable to IBB at the time it made its decision and which in the opinion of the Tribunal would have been relevant to that decision.’.
Amendment No. 11, in clause 27, page 18, line 34, leave out ‘thinks’ and insert ‘has reason to suspect’.
Amendment No. 249, in clause 45, page 31, line 7, at end insert
‘“harm” has the same meaning as in section 31(9) of the Children Act 1989 (c. 41) but shall also include financial harm.’.Amendment No. 251, in schedule 2, page 31, line 34, leave out paragraph (f).
Amendment No. 204, in clause 27, page 18, line 44, at end insert—
“harm” means ill-treatment or the impairment of health, dignity or development;
“dignity” means identity, self esteem and self respect, and inclusion in social participation and interaction,
“development” means physical, intellectual, emotional, social or behavioural development’
“health” means physical or mental health,
“ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.’.
Amendment No. 205, in page 18, line 44, at end insert—
‘(4C) In this section harm includes intentionally or negligently causing a child or vulnerable adult to suffer financial loss or deprivation.’.
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.
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