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‘A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 20(1)(a), or which makes an order of a description specified for the purposes of paragraph 20(1)(b), must inform the person at the time he is convicted or the order is made that IBB will include him in the barred list concerned.’. —[Mr. Dhanda.]
Schedule 2, as amended, agreed to.
Amendments made: No. 140, in page 44, line 33, at end insert
‘or the period condition is satisfied’.
No. 141, in page 44, line 34, leave out sub-paragraph (2).
No. 142, in page 44, line 38, at end insert
‘or the period condition is satisfied’.
No. 143, in page 45, line 1, leave out ‘the activity’ and insert—
‘( ) it is carried out by a person while engaging in any form of work (whether or not for gain),
No. 144, in page 45, line 22, at end insert—
‘(5C) It is a regulated activity relating to children to foster a child (as mentioned in section (Fostering)).’.
No. 145, in page 46, line 20, leave out ‘, (2)’.
No. 146, in page 46, line 23, leave out ‘and (2)’.
No. 147, in page 46, line 35, at end insert—
‘(f) driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.’.
No. 148, in page 47, line 9 [Schedule 3], at end insert—
‘( ) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—
(a) access to the content of the matter;
(b) contact with users of the service.’.
No. 149, in page 47, line 14, leave out ‘(2),’.
No. 150, in page 47, line 36, leave out ‘childminding or’.
No. 151, in page 48, line 16, leave out ‘or chief executive’ and insert
‘, chief executive or member of staff’.
No. 152, in page 49, line 11, at end insert—
The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.’.
No. 153, in page 49, line 15, at end insert
‘or the period condition is satisfied’.
No. 154, in page 49, line 23, at end insert—
‘(ea) driving a vehicle which is being used only for the purpose of conveying vulnerable adults and any person caring for the vulnerable adults pursuant to arrangements made in prescribed circumstances;’.
No. 155, in page 49, line 32, at end insert—
‘( ) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (2)(b) or (c) unless he has—
(a) access to the content of the matter;
(b) contact with users of the service.’.
No. 156, in page 49, line 33, leave out sub-paragraph (3).
No. 157, in page 49, line 40, at end insert
‘or the period condition is satisfied’.
No. 158, in page 49, line 40, at end insert—
‘( ) it is carried out by a person while engaging in any form of work (whether or not for gain),’.
No. 159, in page 50, line 3, leave out ‘, (3)’.
No. 160, in page 50, line 5, after ‘the’ insert ‘inspection’.
No. 161, in page 50, line 9, leave out from beginning to ‘is’ in line 10.
No. 162, in page 50, leave out line 12 and insert—
‘(7) Inspection functions are functions relating to the inspection of—’.
No. 163, in page 50, line 12, at end insert—
‘( ) a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act),’.
No. 164, in page 50, line 19, at end insert ‘or
( ) any person, other than a local authority, providing English local authority social services or Welsh local authority social services within the meaning of that section,’.
No. 165, in page 50, leave out line 20 and insert—
‘in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.’.
No. 166, in page 50, line 24, leave out sub-paragraphs (9) and (10) and insert—
‘(9) The exercise of a function of a person mentioned in paragraph 6A(1) is a regulated activity relating to vulnerable adults.’.
No. 167, in page 50, line 33, at end insert—
‘6A (1) The persons referred to in paragraph 6(9) are—
(a) member of a relevant local government body;
(b) director of adult social services of a local authority in England;
(c) director of social services of a local authority in Wales;
(d) Commissioner for older people in Wales or deputy Commissioner for older people in Wales;
(e) charity trustee of vulnerable adults’ charity;
(f) member or chief executive or member of staff of IBB.
(2) For the purposes of sub-paragraph (1)(a), a person is a member of a relevant local government body if—
(a) he is a member of a local authority and discharges any social services functions of a local authority which relate wholly or mainly to vulnerable adults;
(b) he is a member of an executive of a local authority which discharges any such functions;
(c) he is a member of a committee of an executive of a local authority which discharges any such functions;
(d) he is a member of an area committee, or any other committee, of a local authority which discharges any such functions.
(3) Any reference in sub-paragraph (2) to a committee includes a reference to any sub-committee which discharges any functions of that committee.
(4) A charity is a vulnerable adults’ charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to vulnerable adults.
(5) An individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this sub-paragraph do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.
“area committee” has the same meaning as in section 18 of the Local Government Act 2000 (c. 22);
“charity” and “charity trustee” have the same meanings as in the Charities Act 1993 (c. 10);
“executive”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000 (c. 22);
“local authority” has the same meaning as in the Education Act 1996 (c. 56);
“social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).
(7) In relation to a local authority—
(a) which is a children’s services authority (within the meaning of the Children Act 2004), and
(b) which has not appointed a director of children’s services under section 18 of that Act,
in sub-paragraph (1)(b) above the word “adult” must be ignored.’.
No. 168, in page 50, line 33, at end insert—
‘The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.’.
No. 169, in page 50, line 33, at end insert—
(1) The period condition is satisfied if the person carrying out the activity does so at any time on more than two days in any period of 30 days.
(2) In relation to an activity that falls within paragraph 2(1)(a), (b), (c) or (d) or 6(1)(a), (b), (c), (d) or (f), the period condition is also satisfied if—
(a) the person carrying out the activity does so at any time between 2 a.m. and 6 a.m, and
(b) the activity gives the person the opportunity to have face-to-face contact with children or vulnerable adults (as the case may be).’.— [Mr. Dhanda.]
Schedule 3, as amended, agreed to.
Amendments made: No. 240, in page 50, line 36, leave out paragraphs 1 and 2 and insert—
‘1 This is the table referred to in sections (provision of vetting information) and (notification of cessation of monitoring)—
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