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Amendments made: No. 89, in page 26, line 37, leave out paragraphs (a) and (b) and insert
‘has information that it thinks is relevant to a supervisory authority’.
No. 90, in page 27, line 2, at end insert
‘or information that any of the events mentioned in section (supervisory authorities: notification of barring &c in respect of children)(1)(a), (b) and (c) or (supervisory authorities: notification of barring &c in respect of vulnerable adults)(1)(a), (b) and (c) has occurred in relation to a person’.
No. 91, in page 27, line 3, leave out subsection (4). —[Mr. Dhanda.]
Amendment made: No. 236, in page 27, line 6, leave out Clause 39. —[Mr. Dhanda.]
Amendment made: No. 237, in page 27, line 26, leave out Clause 40. —[Mr. Dhanda.]
Amendments made: No. 92, in page 28, line 29 [Clause 43], at end insert—
‘( ) The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—
(a) carried out in the course of a family relationship;
(b) carried out in the course of a personal relationship.’.
No. 93, in page 28, line 30, leave out subsection (6). —[Mr. Dhanda.]
Amendments made: No. 94, in page 31, line 6, leave out
‘have the same meaning as in’
‘must be construed in accordance with’.
No. 95, in page 31, line 16, at end insert—
‘“supervisory authority” must be construed in accordance with section 36(7).’.
No. 96, in page 31, line 21, at end insert—
‘( ) Nothing in this Act affects any power to provide information that exists apart from this Act.’. —[Mr. Dhanda.]
Amendments made: No. 97, in page 31, line 32, at end insert—
‘( ) by order under section (Devolution: alignment)(1) if it contains provision amending this Act or confers power to make subordinate legislation,’.
No. 238, in page 31, line 32, at end insert—
‘( ) in regulations under section (Controlled activity: regulations),’.
No. 98, in page 31, line 33, after ‘48(2)’ insert—
‘(ea) by order under paragraph 5A or 10A of Schedule 2,’.
No. 99, in page 31, line 33, leave out ‘by order’. —[Mr. Dhanda.]
Amendments made: No. 100, in page 32, leave out line 3 and insert at end insert—
‘(1) Power to make subordinate legislation under this Act includes power to make—’.
No. 101, in page 32, leave out lines 6 to 8 and insert
‘as the person making the subordinate legislation thinks necessary or expedient’.
No. 102, in page 32, line 9, at beginning insert—
‘(1A) The Secretary of State may by order may make such further provision as he considers appropriate—
(a) for the general purposes, or any particular purpose, of this Act;
(b) in consequence of any provision made by this Act;
(c) for giving full effect to this Act or any provision made by it.’.
No. 103, in page 32, line 9, leave out ‘An order’ and insert ‘Subordinate legislation’.
No. 104, in page 32, line 9, after ‘subsection (1)’ insert ‘or (2)’.
No. 105, in page 32, line 10, at end insert—
‘( ) References in this section to subordinate legislation are to an order or regulations under this Act.’. —[Mr. Dhanda.]
Amendments made: No. 106, in page 32, line 16, leave out ‘(2)’ and insert ‘(3)’.
No. 107, in page 32, line 18, leave out subsection (2).
No. 108, in page 32, line 20, leave out ‘and 24’ and insert ‘, 24 and 41’.— [Mr. Dhanda.]
New schedules 1 to 4 brought up, read the First and Second time, and added to the Bill.
Amendments made: No. 109, in page 35, line 43, at end insert—
10A The Secretary of State may make payments to IBB of such amounts, at such times and on such conditions (if any) as he thinks appropriate.’.
No. 110, in page 36, line 10, leave out ‘lay’ and insert ‘send’.
No. 111, in page 36, line 10, after report insert
‘to the Secretary of State, who must lay them’.
No. 112, in page 36, line 22, at end insert—
‘Payments in connection with maladministration
(a) that action taken by or on behalf of IBB amounts to maladministration, and
(b) that a person has been adversely affected by the action,
IBB may make such payment (if any) to the person as it thinks appropriate.
(2) “Action” includes failure to act.’. —[Mr. Dhanda.]
Schedule 1, as amended, agreed to.
Amendments made: No. 113, in page 37, line 33, leave out sub-paragraph (3) and insert—
‘(3) IBB must include the person in the children’s barred list if—
(a) it is satisfied that the person has engaged in relevant conduct, and
(b) it appears to IBB that it is appropriate to include the person in the list.’.
No. 114, in page 38, line 13 [Schedule 2], leave out from ‘involving’ to end of line 14 and insert
‘sexual material relating to children (including possession of such material);’.
No. 115, in page 38, line 13, at end insert—
‘(ca) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to IBB that the conduct is inappropriate;’.
No. 116, in page 38, line 22, at end insert—
‘( ) “Sexual material relating to children” means—
(a) indecent images of children, or
(b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.’.
No. 117, in page 38, line 22, at end insert—
‘( ) “Image” means an image produced by any means, whether of a real or imaginary subject.’.
No. 118, in page 38, line 25, leave out ‘(1)(c)’ and insert ‘(1)(ca)’.
No. 119, in page 38, line 34, leave out sub-paragraph (3) and insert—
‘(3) IBB must include the person in the children’s barred list if—
(a) it is satisfied that the person falls within sub-paragraph (4), and
(b) it appears to IBB that it is appropriate to include the person in the list.’.
No. 120, in page 38, line 41, at end insert—
5A (1) IBB must not include a person in the children’s barred list—
(a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
(b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person’s case to be considered by the relevant Scottish authority.
(2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of IBB.
(3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children’s barred list.’.
No. 121, in page 39, line 28, leave out sub-paragraph (3) and insert—
‘(3) IBB must include the person in the adults’ barred list if—
(a) it is satisfied that the person has engaged in relevant conduct, and
(b) it appears to IBB that it is appropriate to include the person in the list.’.
No. 122, in page 39, line 36, leave out paragraph (c).
No. 123, in page 39, line 38, at beginning insert—
‘( ) conduct involving sexual material relating to children (including possession of such material);’.
No. 124, in page 39, line 38, at beginning insert—
‘(ca) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to IBB that the conduct is inappropriate;’.
No. 125, in page 40, line 4, at end insert—
‘( ) “Sexual material relating to children” means—
(a) indecent images of children, or
(b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.’.
No. 126, in page 40, line 4, at end insert—
‘( ) “Image” means an image produced by any means, whether of a real or imaginary subject.’.
No. 127, in page 40, line 7, leave out ‘(1)(c)’ and insert ‘(1)(ca)’.
No. 128, in page 40, line 16, leave out sub-paragraph (3) and insert—
‘(3) IBB must include the person in the adults’ barred list if—
(a) it is satisfied that the person falls within sub-paragraph (4), and
(b) it appears to IBB that it is appropriate to include the person in the list.’.
No. 129, in page 40, line 23, at end insert—
10A (1) IBB must not include a person in the adults’ barred list—
(a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
(b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person’s case to be considered by the relevant Scottish authority.
(2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of IBB.
(3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults’ barred list.’.
No. 130, in page 43, line 19, 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.’.
No. 131, in page 43, line 36, at end insert—
‘The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.’.
No. 132, in page 43, line 36, 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.’.
No. 133, in page 43, line 44, before ‘list’ insert ‘specified’.
No. 134, in page 43, line 45, leave out from ‘Kingdom’ to end of line 47.
No. 135, in page 44, line 10, 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.’.
No. 136, in page 44, line 10, at end insert—
‘(e) section 42 of the Armed Forces Act 2006.’.
No. 137, in page 44, line 10, 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.’.
No. 138, in page 44, line 20, 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.’.
No. 239, in page 44, line 24, leave out ‘or cautions relating to offences committed’ and insert ‘made, or cautions given,’.
No. 139, in page 44, line 25, at end insert—
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