|
| |
|
| |
24AS | Power to except or modify |
| |
(1) | The Secretary of State may by order provide that this Part— |
| |
(a) | does not apply in relation to a specified aerodrome in respect of |
| |
which any directions under section 12, 13, 13A or 14 are in force, |
| 5 |
| |
(b) | applies in relation to such an aerodrome with modifications |
| |
| |
(2) | In subsection (1) “specified” means specified in the order. |
| |
(3) | The power to make an order under this section is exercisable by |
| 10 |
statutory instrument subject to annulment in pursuance of a resolution |
| |
of either House of Parliament. |
| |
| |
| |
“aerodrome” is to be construed in accordance with section |
| 15 |
| |
“aerodrome security plan” has the meaning given by section |
| |
| |
“relevant persons”, in relation to an aerodrome, means the persons |
| |
mentioned in section 24AE(4); |
| 20 |
“relevant police area”, in relation to any aerodrome, means the |
| |
police area in which the aerodrome is wholly or mainly |
| |
| |
“risk advisory group”, in relation to an aerodrome, means the |
| |
group established for the aerodrome in accordance with section |
| 25 |
| |
“risk report”, in relation to an aerodrome, has the meaning given |
| |
| |
“security executive group”, in relation to an aerodrome, means the |
| |
group established for the aerodrome in accordance with section |
| 30 |
| |
“security measure”, in relation to an aerodrome, means any |
| |
measure taken for a purpose to which Part 2 applies (protection |
| |
of aerodromes etc. against acts of violence) or otherwise for the |
| |
purpose of preventing crime or preserving the peace at the |
| 35 |
aerodrome, but it does not include— |
| |
(a) | any measure specified in a direction under Part 2, or |
| |
(b) | any measure which an officer of Revenue and Customs |
| |
or an official of the Secretary of State exercising |
| |
functions in relation to immigration is required to take |
| 40 |
by virtue of any enactment. |
| |
(2) | Any reference in this Part to the security of an aerodrome includes a |
| |
reference to the preservation of the peace at the aerodrome (and any |
| |
reference to a threat to the security of the aerodrome is to be construed |
| |
| 45 |
(3) | Any reference in the preceding provisions of this Part to a person |
| |
nominated under a provision of this Part is a reference to a person who |
| |
|
| |
|
| |
|
has been nominated under that provision and accepts that nomination |
| |
(unless the context otherwise requires). |
| |
(4) | If an aerodrome to which this Part applies— |
| |
(a) | ceases to be such an aerodrome, but |
| |
(b) | subsequently becomes such an aerodrome again, |
| 5 |
| this Part applies in relation to the aerodrome as if it had become an |
| |
aerodrome to which this Part applies for the first time. |
| |
(5) | For the purposes of this Part the risk advisory group for an aerodrome |
| |
is to be treated as established when both of the following conditions are |
| |
| 10 |
(a) | the person nominated by the manager of the aerodrome under |
| |
section 24AB(2)(a) accepts the nomination; |
| |
(b) | the chief officer of police for the relevant police area informs the |
| |
manager of the aerodrome that either the chief officer will serve |
| |
as a member of the group or that a person nominated by the |
| 15 |
chief officer for the purposes of section 24AB(2)(b) has accepted |
| |
| |
(6) | For the purposes of this Part the security executive group for an |
| |
aerodrome is to be treated as established when all of the following |
| |
conditions are first met— |
| 20 |
(a) | the manager of the aerodrome appoints a representative under |
| |
| |
(b) | the chief officer of police for the relevant police area informs the |
| |
manager of the aerodrome that either the chief officer will serve |
| |
as a member of the group or that the chief officer has appointed |
| 25 |
a representative for the purposes of section 24AG(2)(b); |
| |
(c) | the police authority for the relevant police area informs the |
| |
manager of the aerodrome that the police authority has |
| |
appointed a representative for the purposes of section |
| |
| 30 |
(d) | a person nominated by the manager of the aerodrome under |
| |
section 24AG(3) accepts the nomination. |
| |
(7) | In the application of this Part to Scotland— |
| |
(a) | references to the chief officer of police for the relevant police |
| |
area are to be read as references to the chief constable of the |
| 35 |
police force for that area, and |
| |
(b) | references to the police authority for the relevant police area are, |
| |
where a joint police board is constituted for that area in |
| |
accordance with an amalgamation scheme made under the |
| |
Police (Scotland) Act 1967 (c. 77), to be read as references to that |
| 40 |
| |
(8) | In the application of this Part to Northern Ireland— |
| |
(a) | references to the chief officer of police for the relevant police |
| |
area are to be read as references to the Chief Constable of the |
| |
Police Service of Northern Ireland, and |
| 45 |
(b) | references to the police authority for the relevant police area are |
| |
to be read as references to the Northern Ireland Policing Board.” |
| |
|
| |
|
| |
|
| |
Schedule 5 (which amends Part 3 of the Aviation Security Act 1982 (c. 36)and |
| |
makes transitional and saving provision) has effect. |
| |
| |
| 5 |
| |
62 | Renaming of Independent Barring Board |
| |
(1) | The Independent Barring Board is renamed the Independent Safeguarding |
| |
| |
(2) | For the words in the left-hand column of the table, wherever they appear in the |
| 10 |
enactments mentioned in subsection (3), substitute the corresponding words in |
| |
the right-hand column of the table. |
| |
| | | | | | “Independent Barring Board” |
| “Independent Safeguarding |
| | | | | | | 15 | | “Independent Barring Board’s” |
| “Independent Safeguarding |
| | | | | | | | | | | | | | | | | |
|
| 20 |
(a) | Schedule 1 to the Superannuation Act 1972 (c. 11), |
| |
(b) | sections 7 and 11 of the Police Pensions Act 1976 (c. 35), |
| |
(c) | section 35C of the Medical Act 1983 (c. 54), |
| |
(d) | section 13D of the Opticians Act 1989 (c. 44), |
| |
(e) | section 20 of the Osteopaths Act 1993 (c. 21), |
| 25 |
(f) | section 20 of the Chiropractors Act 1994 (c. 17), |
| |
(g) | section 97 of the Police Act 1996 (c. 16), |
| |
(h) | sections 113BA, 113BB, 113CA and 113CB of the Police Act 1997 (c. 50), |
| |
(i) | sections 56 and 75 of the Data Protection Act 1998 (c. 29), |
| |
(j) | paragraph 1 of Schedule 2 to the Teaching and Higher Education Act |
| 30 |
| |
(k) | section 167C of the Education Act 2002 (c. 32), |
| |
(l) | section 171 of the Education and Inspections Act 2006 (c. 40), |
| |
(m) | the following enactments in the Safeguarding Vulnerable Groups Act |
| |
2006 (c. 47) (including any relevant headings)— |
| 35 |
(i) | sections 1, 2, 4, 6, 15, 25, 31, 35, 36 to 47 and 50, |
| |
(ii) | paragraphs 1, 3 to 7 and 8 to 16 of Schedule 1, |
| |
(iii) | paragraphs 1 and 2 of Schedule 2, |
| |
|
| |
|
| |
|
(iv) | paragraphs 1 to 21, 23 and 25 of Schedule 3, |
| |
(v) | paragraphs 4 and 8 of Schedule 4, |
| |
(vi) | paragraph 2 of Schedule 5, and |
| |
(vii) | paragraphs 1 to 3 of Schedule 8, |
| |
(n) | sections 39, 40 and 97 of, and Schedule 5 to, the Protection of Vulnerable |
| 5 |
Groups (Scotland) Act 2007 (asp 14), and |
| |
(o) | sections 130 and 141 of the Education and Skills Act 2008 (c. 25). |
| |
(4) | In the following enactments for “the Board” substitute “the Authority”— |
| |
(a) | section 167C of the Education Act 2002 (c. 32) (both as inserted by the |
| |
Education and Inspections Act 2006 (c. 40) and as substituted by the |
| 10 |
Education and Skills Act 2008 (c. 25)), and |
| |
(b) | section 130(4) of the Education and Skills Act 2008 (c. 25). |
| |
(5) | Any reference (other than those dealt with by subsections (2) to (4) above) to |
| |
the Independent Barring Board in any enactment or other document passed or |
| |
made before the commencement of this section is to be read as a reference to |
| 15 |
the Independent Safeguarding Authority. |
| |
(6) | Any reference to the Independent Safeguarding Authority which arises by |
| |
virtue of this section is to be read, in relation to times before the |
| |
commencement of this section, as a reference to the Independent Barring |
| |
| 20 |
| |
“enactment” includes an Act of the Scottish Parliament, Northern Ireland |
| |
legislation and an enactment comprised in subordinate legislation, |
| |
“subordinate legislation” has the same meaning as in the Interpretation |
| |
Act 1978 (c. 30)) and also includes an instrument made under— |
| 25 |
(a) | an Act of the Scottish Parliament, or |
| |
(b) | Northern Ireland legislation. |
| |
63 | Educational establishments: check on members of governing body |
| |
(1) | Section 13 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (educational |
| |
establishments: check on members of governing body) is amended as follows. |
| 30 |
(2) | After subsection (1) insert— |
| |
“(1A) | B commits an offence if— |
| |
(a) | B acts as a member of the governing body of an educational |
| |
establishment mentioned in section 8(5), and |
| |
(b) | B has not consented to P making a check in accordance with |
| 35 |
section 15(2)(a) or has not provided any information required to |
| |
| |
(3) | In subsection (2) (penalty for offence) after “(1)” insert “or (1A)”. |
| |
(4) | After subsection (3) insert— |
| |
“(3A) | A person does not commit an offence under subsection (1A) if, in |
| 40 |
relation to any continuous period for which the person is a member of |
| |
the governing body of the establishment— |
| |
(a) | the person’s appointment first took effect before the |
| |
commencement of this section, and |
| |
|
| |
|
| |
|
(b) | it continues to have effect after such commencement.” |
| |
(5) | In subsection (4) (power of Secretary of State to order that subsection (3) no |
| |
longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A) |
| |
| |
(6) | After subsection (5) insert— |
| 5 |
“(6) | The period prescribed for purposes of subsection (1) must not start |
| |
| |
(a) | consented to P making a check in accordance with section |
| |
| |
(b) | provided any information required to make that check.” |
| 10 |
(7) | In section 8 of that Act (person not to engage in regulated activity unless |
| |
subject to monitoring) for subsection (11) substitute— |
| |
“(11) | A person does not commit an offence under subsection (3) if, in relation |
| |
to any continuous period for which the person is a member of the |
| |
governing body of the establishment— |
| 15 |
(a) | the person’s appointment first took effect before the |
| |
commencement of this section, and |
| |
(b) | it continues to have effect after such commencement.” |
| |
64 | Monitoring application |
| |
In section 24 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) |
| 20 |
| |
(a) | in subsection (1)(b) for “a monitoring application” substitute “an |
| |
application to the Secretary of State under this section (a “monitoring |
| |
| |
(b) | for subsection (10) substitute— |
| 25 |
“(10) | The Secretary of State may determine the form, manner and |
| |
contents of a monitoring application.” |
| |
65 | Monitoring: additional fees |
| |
(1) | After section 24 of the Safeguarding Vulnerable Groups Act 2006 insert— |
| |
“24A | Monitoring: power to prescribe additional fees |
| 30 |
(1) | An individual subject to monitoring under section 24 in relation to a regulated |
| |
activity must pay a prescribed fee if— |
| |
(a) | no fee was payable by virtue of section 24(1)(d) when the individual |
| |
made a monitoring application (within the meaning of section 24) in |
| |
respect of the activity, and |
| 35 |
(b) | there has been a prescribed change of circumstances as a result of |
| |
which a fee would be payable by virtue of section 24(1)(d) if a |
| |
monitoring application were now made in respect of the activity. |
| |
(2) | The amount of the fee payable by virtue of subsection (1) must not |
| |
exceed the amount of fee which would be payable if a monitoring |
| 40 |
application were made in respect of the activity as mentioned in |
| |
| |
|
| |
|
| |
|
(3) | An individual does not cease to be subject to monitoring under section |
| |
24 merely because the individual fails to pay a fee required by this |
| |
section (but see section 30(2A)).” |
| |
(2) | In section 25 of that Act (monitoring: fees)— |
| |
(a) | in subsection (1) after “24” insert “or in relation to a change of |
| 5 |
circumstances under section 24A”, |
| |
(b) | in subsection (2) after “made” insert “, or change of circumstances |
| |
| |
(c) | in subsection (3) after “made” insert “or change of circumstances |
| |
| 10 |
(d) | in subsection (4) after “24” insert “or 24A”, |
| |
| |
(i) | for “power” substitute “powers”, and |
| |
(ii) | for “is” substitute “are”, and |
| |
(f) | in subsection (6) after “24(1)(d)” insert “or 24A”. |
| 15 |
(3) | In section 30 of that Act (provision of vetting information) after subsection (2) |
| |
| |
“(2A) | The Secretary of State may refuse to provide A with the information if |
| |
B has failed to pay a fee required by section 24A.” |
| |
| 20 |
(1) | Section 30 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (provision |
| |
of vetting information) is amended as follows. |
| |
(2) | In subsection (2) (appropriate declaration)— |
| |
(a) | in paragraph (a) for “a specified entry” substitute “the table in Schedule |
| |
| 25 |
(b) | after that paragraph (but before the following “and”) insert— |
| |
“(aa) | that column 2 of the entry by virtue of which A falls within |
| |
column 1 refers to children or (as the case may be) vulnerable |
| |
| |
(ab) | whether the information is sought by A with a view to |
| 30 |
permitting or supplying B to carry out paid activity or with a |
| |
view to making a check in accordance with section 15(2)(a) in |
| |
relation to the appointment of B to a position in which B will |
| |
carry out paid activity,”. |
| |
| 35 |
(4) | In subsection (4)(a) and (b) (information to be provided) for “column 2 of the |
| |
specified entry” substitute “A’s declaration states that column 2 of the relevant |
| |
| |
| |
(6) | After subsection (6) insert— |
| 40 |
“(6A) | “Paid activity” means an activity carried out for financial gain. |
| |
(6B) | The Secretary of State may by regulations provide for an activity to be |
| |
treated as, or not to be treated as, an activity carried out for financial |
| |
| |
|
| |
|