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Amendments made: No. 31, in page 5, line 16, leave out subsection (10).
No. 32, in page 5, line 21, leave out from ‘if’ to end of line 24 and insert
(a) is regulated activity relating to vulnerable adults, and
(b) falls within section 14.’.
No. 33, in page 5, line 34, at end insert—
‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.’. —[Mr. Dhanda.]
Amendments made: No. 211, in page 5, line 36, leave out ‘regulated activity provider’ and insert ‘person’.
No. 212, in page 5, line 38, leave out ‘and’.
No. 213, in page 5, line 39, at end insert ‘, and
( ) B engages in the activity.’.
No. 34, in page 5, line 41, leave out ‘a regulated activity provider’ and insert ‘another (P)’.
No. 35, in page 5, line 42, leave out ‘the regulated activity provider’ and insert ‘P’.
No. 214, in page 6, line 2, leave out subsection (3).
No. 36, in page 6, line 11, after ‘fine’ insert ‘not exceeding the statutory maximum’.
No. 37, in page 6, line 11, at end insert—
‘( ) It is a defence for a person charged with an offence under this section to prove—
(a) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
(c) that the barred person engaged in the activity for no longer than was necessary for that purpose.’.
No. 38, in page 6, line 11, at end insert—
‘(5) For the purposes of this section, Schedule 3 is modified as follows—
(a) in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded;
(b) in paragraph 6(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c) in paragraph 6(4), paragraph (a) must be disregarded.’.
No. 39, in page 6, line 11, at end insert—
‘( ) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12 months must be taken to be a reference to six months.’. —[Mr. Dhanda.]
Amendments made: No. 215, in page 6, line 15, leave out ‘and’.
No. 216, in page 6, line 17, at end insert ‘, and
( ) B engages in the activity.’.
No. 40, in page 6, line 19, leave out ‘a regulated activity provider’ and insert ‘another (P)’.
No. 41, in page 6, line 20, leave out ‘the regulated activity provider’ and insert ‘P’.
No. 42, in page 6, line 24, at end insert—
‘(2A) For the purposes of subsection (2)(b), Schedule 3 is modified as follows—
(a) in paragraph 1, sub-paragraphs (1)(b) and (3)(a) must be disregarded;
(b) in paragraph 6(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c) in paragraph 6(4), paragraph (a) must be disregarded.’.
No. 43, in page 6, line 29, leave out subsection (5).
No. 44, in page 7, line 5, leave out from ‘if’ to end of line 8 and insert ‘the regulated activity—
(a) is regulated activity relating to vulnerable adults, and
(b) falls within section 14.’.
No. 45, in page 7, line 8, at end insert—
‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.’
No. 217, in page 7, line 8, at end insert—
‘(10) A person is not guilty of an offence by virtue of subsection (2) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of that section.
(11) Subsection (10) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.’ .—[Mr. Dhanda.]
Amendments made: No. 218, in page 7, line 10, after ‘if’ insert ‘—
No. 219, in page 7, line 11, leave out ‘without making an appropriate check’ and insert—
‘(b) B engages in the activity, and
(c) he fails to ascertain whether B is subject to monitoring in relation to the activity.’.
No. 46, in page 7, line 11, at end insert—
‘( ) A person does not commit an offence under subsection (1) if the regulated activity—
(a) is regulated activity relating to vulnerable adults, and
(b) falls within section 14.’.
No. 220, in page 7, line 11, at end insert—
‘(1A) A regulated activity provider ascertains whether B is subject to monitoring only if—
(a) he obtains an appropriate verification in accordance with Part 1 of Schedule (appropriate verification) and neither of Parts 2 and 3 of that Schedule is prescribed in relation to him,
(b) he obtains an appropriate verification in accordance with Part 2 of that Schedule and that Part is prescribed in relation to him, or
(c) he obtains an appropriate verification in accordance with Part 3 of that Schedule and that Part is prescribed in relation to him.’.
No. 221, in page 7, line 12, leave out subsection (2).
No. 222, in page 7, line 14, leave out subsection (3).
No. 47, in page 7, line 17, leave out ‘14 or’.
No. 48, in page 7, line 20, leave out subsection (6).
No. 223, in page 7, line 25, leave out subsections (7) and (8).
No. 49, in page 7, line 42, at end insert—
‘( ) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (3) or 6(1) or (4) of Schedule 3 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.’.
No. 224, in page 7, line 42, at end insert—
‘(10A) A person commits an offence if—
(a) he provides written confirmation under Schedule (appropriate verification) that is false in any material respect, and
(b) he either knows that it is false or is reckless as to whether it is false.
(10B) A person guilty of an offence under subsection (1) or (10A) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.’.
No. 225, in page 7, line 43, leave out subsections (11) to (15). —[Mr. Dhanda.]
Amendments made: No. 226, in page 8, line 22, after ‘officer’ insert ‘(P)’.
No. 227, in page 8, line 23, leave out ‘obtain relevant information (within the meaning of Schedule 4)’ and insert
‘make a check in accordance with section (sections 12 and (office holders: offences): checks)’ .—[Mr. Dhanda.]
Amendments made: No. 228, in page 8, line 37, leave out Clause 13. —[Mr. Dhanda.]
Amendments made: No. 50, in page 9, line 39, leave out subsections (1) and (2) and insert—
‘(1) Regulated activity falls within this section if it is carried out for the purposes of or in connection with any of the following—
(a) an establishment for the detention of persons in lawful custody (within the meaning of section 44(7)(a) to (c));
(b) a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults;
(c) a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description;
(d) the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing;
(e) welfare services of a prescribed description;
(f) dealing with payments by a person appointed to receive them as mentioned in section 44(10)(f).
(2) Activity does not fall within this section if the individual engaging in the activity is a prison officer acting in the course of his duty.
(2A) In subsection (2) “prison officer” includes—
(a) a prisoner custody officer within the meaning of section 89(1) of the Criminal Justice Act 1991 (c. 53);
(b) a custody officer within the meaning of section 12(3) of the Criminal Justice and Public Order Act 1994.
(2B) Activity does not fall within this section by virtue of paragraph (b) of subsection (1) if—
(a) the activity is carried out by or for a local authority in connection with the provision of community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990;
(b) the activity is carried out by or in an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000;
(c) the activity is carried out by an agency in relation to which such a requirement arises;
(d) the activity is carried out by a person to whom Part 2 of that Act applies in pursuance of an order under section 42 of that Act of 2000;
(e) the activity is carried out by an NHS body within the meaning of section 15(3) or by a person who provides health care for such a body.’.
No. 51, in page 10, line 23, leave out ‘(c), (d), (e) and (f)’ and insert ‘(b), (c), (d) and (e)’. —[Mr. Dhanda.]
Amendments made: No. 52, in page 10, line 38, leave out
‘in pursuance of arrangements made by another person’.
No. 53, in page 10, line 45, after second ‘employment’ insert ‘—
No. 54, in page 10, line 45, after ‘body’ insert ‘, or
(b) with a person who provides health care for an NHS body (wherever the health care is provided).’.
No. 55, in page 11, line 5, leave out paragraph (d). —[Mr. Dhanda.]
Amendments made: No. 229, in page 11, line 10, leave out ‘or 11’ and insert
‘11, (controlled activity: regulations), (prohibition of requirement to produce certain records) or 30 or Schedule (Employment business: failure to check)’.
No. 230, in page 11, line 16, leave out ‘or 11’ and insert
‘11, (controlled activity: regulations), (prohibition of requirement to produce certain records) or 30 or Schedule (Employment business: failure to check)’. —[Mr. Dhanda.]
Amendments made: No. 231, in page 11, line 24, leave out Clause 17. —[Mr. Dhanda.]
Amendments made: No. 56, in page 12, line 1, after ‘person’ insert
‘or it is carried out by the same person on more than two days in any period of 30 days’.
No. 57, in page 12, line 6, at end insert
‘or it is carried out by the same person on more than two days in any period of 30 days’.
No. 58, in page 12, line 6, at end insert—
‘( ) it is carried out by the person while engaging in any form of work (whether or not for gain),’.
No. 59, in page 12, line 9, at end insert—
‘( ) An activity falls within this subsection if—
(a) it consists in making payments under section 17A of the Children Act 1989 or the provision of assistance either in connection with the making of such payments or securing the provision of services paid for out of them,
(b) it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
(c) it gives the person the opportunity mentioned in subsection (7)(a).’.
No. 60, in page 12, line 9, at end insert—
‘(4A) An activity falls within this subsection if it is carried out as mentioned in subsection (7B) frequently and it gives a person carrying out the activity the opportunity to have access to—
(a) health, educational or social services records relating to children;
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