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| |
| |
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| | (a) | must notify any person who is registered in relation to B under |
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| | Article 34 in relation to regulated activity relating to vulnerable |
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| | |
| | (b) | may notify any other person who it is satisfied falls within |
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| | |
| | (2) | The following fall within this paragraph— |
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| | (a) | any person who is permitting B to engage in regulated activity |
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| | relating to vulnerable adults, |
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| | (b) | any responsible person (within the meaning of Article 27) who is |
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| | permitting B to engage in controlled activity relating to |
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| | |
| | (3) | A notification under this Article must— |
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| | (a) | explain that ISA has not yet taken a final decision about whether |
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| | to include B in the barred list, and |
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| | (b) | include such information as ISA thinks appropriate about its |
|
| | reasons for proposing to include B in the barred list. |
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| | (4) | The requirement to notify a person under paragraph (1)(a) is satisfied if |
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| | notification is sent to any address recorded against that person’s name in |
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| | |
| | 36C | Articles 36A and 36B: notification of outcome |
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| | (1) | Paragraph (2) applies if ISA— |
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| | (a) | has notified a person (A) under Article 36A or 36B that it |
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| | proposes to include another (B) in a barred list, and |
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| | (b) | includes B in the barred list or decides not to do so. |
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| | (2) | ISA must notify A that it has included B in the barred list or that it has |
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| | decided not to do so (as the case may be). |
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| | (3) | In a case where A is registered in relation to B under Article 34 (or has |
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| | ceased to be so registered by virtue of B’s inclusion in the barred list), the |
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| | requirement in paragraph (2) is satisfied if notification is sent to any |
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| | address recorded (or, as the case may be, formerly recorded) against A’s |
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| | |
| | (3) | In Article 33 (vetting information)— |
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| | (a) | in paragraphs (2) and (3), omit sub-paragraph (b) and the “, and” |
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| | immediately before it, and |
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| | (b) | omit paragraphs (4) and (5).’. |
|
| | Member’s explanatory statement
|
|
| | This amendment makes equivalent provision in relation to Northern Ireland to that made in |
|
| | relation to England and Wales by amendment NC27. |
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| |
| | Provision of safeguarding information to the police: England and Wales |
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| |
| | |
| To move the following Clause:— |
|
|
|
| |
| |
|
| | ‘After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) |
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| | |
| | “Provision of information to the police |
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| | 50A | Provision of information to the police |
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| | (1) | ISA may provide any information it has to a chief officer of police for use |
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| | for any of the following purposes— |
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| | (a) | the prevention, detection and investigation of crime; |
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| | (b) | the apprehension and prosecution of offenders. |
|
| | (2) | The power conferred by subsection (1) does not limit any other power of |
|
| | ISA to provide information for any purpose or to any person.”’. |
|
| | Member’s explanatory statement
|
|
| | This amendment empowers the IBB to provide information that it has to the police, for use by the |
|
| | police for the purposes set out in the amendment. |
|
| |
| | Provision of safeguarding information to the police: Northern Ireland |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘After Article 52 of the Safeguarding Vulnerable Groups (Northern Ireland) |
|
| | Order 2007 (S.I. 2007/1351 (N.I. 11)) insert— |
|
| | “Provision of information to the police |
|
| | 52A | Provision of information to the police |
|
| | (1) | ISA may provide any information it has to the chief constable of the |
|
| | Police Service of Northern Ireland for use for any of the following |
|
| | |
| | (a) | the prevention, detection and investigation of crime; |
|
| | (b) | the apprehension and prosecution of offenders. |
|
| | (2) | The power conferred by paragraph (1) does not limit any other power of |
|
| | ISA to provide information for any purpose or to any person.”’. |
|
| | Member’s explanatory statement
|
|
| | This amendment makes equivalent provision in relation to Northern Ireland to that made in |
|
| | relation to England and Wales by amendment NC29. |
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| |
|
|
| |
| |
|
| | Barring process: England and Wales |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (barred lists) |
|
| | |
| | (2) | In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs |
|
| | |
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must |
|
| | include the person in the children’s barred list.” |
|
| | (3) | In paragraph 2 (inclusion in children’s barred list subject to consideration of |
|
| | representations) for sub-paragraphs (2) and (3) substitute— |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must— |
|
| | (a) | include the person in the children’s barred list, and |
|
| | (b) | give the person an opportunity to make representations as to |
|
| | why the person should be removed from the children’s barred |
|
| | |
| | (4) | In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2) |
|
| | |
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must |
|
| | include the person in the adults’ barred list.” |
|
| | (5) | In paragraph 8 (inclusion in adults’ barred list subject to consideration of |
|
| | representations) for sub-paragraphs (2) and (3) substitute— |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must— |
|
| | (a) | include the person in the adults’ barred list, and |
|
| | (b) | give the person an opportunity to make representations as to |
|
| | why the person should be removed from the adults’ barred |
|
| | |
| | (6) | In paragraph 24(8) (Secretary of State to examine records of convictions or |
|
| | cautions from time to time) for “whether the criteria apply to an individual” |
|
| | substitute “whether there is reason to believe that the criteria might apply to an |
|
| | |
| | Member’s explanatory statement
|
|
| | This amendment adjusts the procedure for automatic barring so that it is the IBB that must be |
|
| | satisfied that a person has met prescribed criteria before the IBB is required to bar the person and |
|
|
|
| |
| |
|
| | |
| |
| | Barring process: Northern Ireland |
|
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order |
|
| | 2007 (S.I. 2007/1351 (N.I. 11)) (barred lists) is amended as follows. |
|
| | (2) | In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs |
|
| | |
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must |
|
| | include the person in the children’s barred list.” |
|
| | (3) | In paragraph 2 (inclusion in children’s barred list subject to consideration of |
|
| | representations) for sub-paragraphs (2) and (3) substitute— |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must— |
|
| | (a) | include the person in the children’s barred list, and |
|
| | (b) | give the person an opportunity to make representations as to |
|
| | why the person should be removed from the children’s barred |
|
| | |
| | (4) | In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2) |
|
| | |
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must |
|
| | include the person in the adults’ barred list.” |
|
| | (5) | In paragraph 8 (inclusion in adults’ barred list subject to consideration of |
|
| | representations) for sub-paragraphs (2) and (3) substitute— |
|
| | “(2) | If the Secretary of State has reason to believe that this paragraph might |
|
| | apply to a person, the Secretary of State must refer the matter to ISA. |
|
| | (3) | If ISA is satisfied that this paragraph applies to the person, it must— |
|
| | (a) | include the person in the adults’ barred list, and |
|
| | (b) | give the person an opportunity to make representations as to |
|
| | why the person should be removed from the adults’ barred |
|
| | |
| | (6) | In paragraph 24(8) (Secretary of State to examine records of convictions or |
|
| | cautions from time to time) for “whether the criteria apply to an individual” |
|
| | substitute “whether there is reason to believe that the criteria might apply to an |
|
| | |
| | Member’s explanatory statement
|
|
|
|
| |
| |
|
| | |
| | |
| |
| | Retention and destruction of samples etc: England and Wales |
|
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | After section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert— |
|
| | “64B | Retention and destruction of samples etc |
|
| | (1) | The Secretary of State may by regulations make provision as to the |
|
| | retention, use and destruction of material to which this section applies. |
|
| | (2) | This section applies to the following material— |
|
| | (a) | photographs falling within a description specified in the |
|
| | |
| | (b) | fingerprints taken from a person in connection with the |
|
| | investigation of an offence, |
|
| | (c) | impressions of footwear so taken from a person, |
|
| | (d) | DNA and other samples so taken from a person, |
|
| | (e) | information derived from DNA samples so taken from a person. |
|
| | |
| | (a) | make different provision for different cases, and |
|
| | (b) | make provision subject to such exceptions as the Secretary of |
|
| | |
| | (4) | The regulations may frame any provision or exception by reference to an |
|
| | approval or consent given in accordance with the regulations. |
|
| | (5) | The regulations may confer functions on persons specified or described |
|
| | |
| | (6) | The functions which may be conferred by virtue of subsection (5) include |
|
| | |
| | (a) | providing information about the operation of regulations made |
|
| | |
| | (b) | keeping their operation under review, |
|
| | (c) | making reports to the Secretary of State about their operation, |
|
| | |
| | (d) | making recommendations to the Secretary of State about the |
|
| | retention, use and destruction of material to which this section |
|
| | |
| | (7) | The regulations may make provision for and in connection with |
|
| | establishing a body to discharge the functions mentioned in subsection |
|
| | |
|
|
| |
| |
|
| | (8) | The regulations may make provision amending, repealing, revoking or |
|
| | otherwise modifying any provision made by or under an Act (including |
|
| | |
| | (9) | The provision which may be made by virtue of subsection (8) includes |
|
| | amending or otherwise modifying any provision so as to impose a duty |
|
| | or confer a power to make an order, regulations, a code of practice or any |
|
| | |
| | (10) | For the purposes of this section— |
|
| | (a) | “photograph” includes a moving image, and |
|
| | (b) | the reference to a DNA sample is a reference to any material that |
|
| | has come from a human body and consists of or includes human |
|
| | |
| | 64C | Retention and destruction of samples etc: supplementary |
|
| | (1) | Regulations under section 64B may make— |
|
| | (a) | supplementary, incidental or consequential provision, or |
|
| | (b) | transitional, transitory or saving provision. |
|
| | (2) | Regulations under that section are to be made by statutory instrument. |
|
| | (3) | An instrument containing regulations under that section may not be made |
|
| | unless a draft of the instrument has been laid before, and approved by |
|
| | resolution of, each House of Parliament.” |
|
| | (2) | The amendment made by subsection (1) applies in relation to material obtained |
|
| | before or after the commencement of this section.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment, responding to the ECtHR judgment in S and Marper v UK on 4 December 2008, |
|
| | would amend the Police and Criminal Evidence Act 1984, creating a power to make regulations |
|
| | on the retention, use and destruction of photographs, fingerprints, footwear impressions, DNA and |
|
| | other samples and DNA profiles. |
|
| |
| | Retention and destruction of samples etc: service offences |
|
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | Section 113 of the Police and Criminal Evidence Act 1984 (c. 60) (application to |
|
| | armed forces) is amended as follows. |
|
| | (2) | After subsection (1) insert— |
|
| | “(1A) | The Secretary of State may by order make provision as to the retention, |
|
| | use and destruction of material obtained in connection with the |
|
| | investigation of a service offence which is equivalent to the provision |
|
| | made by regulations under section 64B, subject to such modifications as |
|
| | the Secretary of State considers appropriate.” |
|
| | (3) | In subsection (3) after paragraph (a) insert— |
|
| | “(aa) | the exercise of functions conferred by an order under subsection |
|
| | |
|
|
| |
| |
|
| | (4) | The amendments made by subsections (2) and (3) apply in relation to material |
|
| | obtained before or after the commencement of this section.’. |
|
| | Member’s explanatory statement
|
|
| | This amendment would allow equivalent provision to be made to that under the power in |
|
| | amendment NC33, in relation to service offences as defined in the Armed Forces Act 2006. |
|
| |
| | Retention and destruction of samples etc: Northern Ireland |
|
| |
| | |
|
| To move the following Clause:— |
|
| | ‘(1) | The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/3141 |
|
| | (N.I. 12)) is amended as follows. |
|
| | (2) | After Article 64A insert— |
|
| | “64B | Retention and destruction of samples etc |
|
| | (1) | The Secretary of State may by regulations make provision as to the |
|
| | retention, use and destruction of material to which this Article applies. |
|
| | (2) | This Article applies to the following material— |
|
| | (a) | photographs falling within a description specified in the |
|
| | |
| | (b) | fingerprints taken from a person in connection with the |
|
| | investigation of an offence, |
|
| | (c) | impressions of footwear so taken from a person, |
|
| | (d) | DNA and other samples so taken from a person, |
|
| | (e) | information derived from DNA samples so taken from a person. |
|
| | |
| | (a) | make different provision for different cases, and |
|
| | (b) | make provision subject to such exceptions as the Secretary of |
|
| | |
| | (4) | The regulations may frame any provision or exception by reference to an |
|
| | approval or consent given in accordance with the regulations. |
|
| | (5) | The regulations may confer functions on persons specified or described |
|
| | |
| | (6) | The functions which may be conferred by virtue of paragraph (5) include |
|
| | |
| | (a) | providing information about the operation of regulations made |
|
| | |
| | (b) | keeping their operation under review, |
|
| | (c) | making reports to the Secretary of State about their operation, |
|
| | |
| | (d) | making recommendations to the Secretary of State about the |
|
| | retention, use and destruction of material to which this Article |
|
| | |
|