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(b)	any responsible person (within the meaning of section 23) who

is permitting B to engage in controlled activity relating to

vulnerable adults.

(3)	A notification under this section must—

(a)	explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)	include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)	The requirement to notify a person under subsection (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

34C	Sections 34A and 34B: notification of outcome

(1)	Subsection (2) applies if ISA—

(a)	has notified a person (A) under section 34A or 34B that it

proposes to include another (B) in a barred list, and

(b)	includes B in the barred list or decides not to do so.

(2)	ISA must notify A that it has included B in the barred list or that it has

decided not to do so (as the case may be).

(3)	In a case where A is registered in relation to B under section 32 (or has

ceased to be so registered by virtue of B’s inclusion in the barred list), the

requirement in subsection (2) is satisfied if notification is sent to any

address recorded (or, as the case may be, formerly recorded) against A’s

name in the register.”

(3)	In section 31 (vetting information)—

(a)	in subsections (2) and (3), omit paragraph (b) and the “, and”

immediately before it, and

(b)	omit subsections (4) and (5).’.

Member’s explanatory statement

This amendment requires the IBB to notify any registered party, and empowers the IBB to notify

anyone else whom it is satisfied is an interested party, with reasons, when it proposes to bar

someone from working with children or vulnerable adults. A further notification must give the

IBB’s final decision.

Notification of proposal to include person in barred list: Northern Ireland

Mr Vernon Coaker

NC28

To move the following Clause:—

‘(1)	The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/

1351 (N.I. 11)) is amended as follows.

(2)	After Article 36 insert—

“36A	Notification of proposal to include person in children’s barred list

(1)	If ISA proposes to include a person (B) in the children’s barred list in the

circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 1, it—

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(a)	must notify any person who is registered in relation to B under

Article 34 in relation to regulated activity relating to children,

and

(b)	may notify any other person who it is satisfied falls within

paragraph (2).

(2)	The following fall within this paragraph—

(a)	any person who is permitting B to engage in regulated activity

relating to children,

(b)	any responsible person (within the meaning of Article 27) who is

permitting B to engage in controlled activity relating to children.

(3)	A notification under this Article must—

(a)	explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)	include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)	The requirement to notify a person under paragraph (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

36B	Notification of proposal to include person in adults’ barred list

(1)	If ISA proposes to include a person (B) in the adults’ barred list in the

circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 1, it—

(a)	must notify any person who is registered in relation to B under

Article 34 in relation to regulated activity relating to vulnerable

adults, and

(b)	may notify any other person who it is satisfied falls within

paragraph (2).

(2)	The following fall within this paragraph—

(a)	any person who is permitting B to engage in regulated activity

relating to vulnerable adults,

(b)	any responsible person (within the meaning of Article 27) who is

permitting B to engage in controlled activity relating to

vulnerable adults.

(3)	A notification under this Article must—

(a)	explain that ISA has not yet taken a final decision about whether

to include B in the barred list, and

(b)	include such information as ISA thinks appropriate about its

reasons for proposing to include B in the barred list.

(4)	The requirement to notify a person under paragraph (1)(a) is satisfied if

notification is sent to any address recorded against that person’s name in

the register.

36C	Articles 36A and 36B: notification of outcome

(1)	Paragraph (2) applies if ISA—

(a)	has notified a person (A) under Article 36A or 36B that it

proposes to include another (B) in a barred list, and

(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

decided not to do so (as the case may be).

(3)	In a case where A is registered in relation to B under Article 34 (or has

ceased to be so registered by virtue of B’s inclusion in the barred list), the

requirement in paragraph (2) is satisfied if notification is sent to any

address recorded (or, as the case may be, formerly recorded) against A’s

name in the register.”

(3)	In Article 33 (vetting information)—

(a)	in paragraphs (2) and (3), omit sub-paragraph (b) and the “, and”

immediately before it, and

(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.

Provision of safeguarding information to the police: England and Wales

Mr Vernon Coaker

NC29

To move the following Clause:—

‘After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)

insert—

“Provision of information to the police

50A	Provision of information to the police

(1)	ISA may provide any information it has to a chief officer of police for use

for any of the following purposes—

(a)	the prevention, detection and investigation of crime;

(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

Mr Vernon Coaker

NC30

To move the following Clause:—

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‘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

purposes—

(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.

Barring process: England and Wales

Mr Vernon Coaker

NC31

To move the following Clause:—

‘(1)	Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (barred lists)

is amended as follows.

(2)	In paragraph 1 (automatic inclusion in children’s barred list) 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

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

list.”

(4)	In paragraph 7 (automatic inclusion in adults’ barred list) 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.

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Policing and Crime Bill, continued

(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

list.”

(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

individual”.’.

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

makes a consequential change to the duty on the Secretary of State to check records.

Barring process: Northern Ireland

Mr Vernon Coaker

NC32

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) 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

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

list.”

(4)	In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2)

and (3) substitute—

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Revised 26 February 2009