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Policing and Crime Bill


Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

105

 

Safeguarding vulnerable groups: England and Wales

79      

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.

(2)   

After subsection (1) insert—

5

“(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

section 15(2)(a) or has not provided any information required to

10

make that check.”

(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

relation to any continuous period for which the person is a member of

15

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

20

longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A)

do”.

(6)   

After subsection (5) insert—

“(6)   

The period prescribed for the purposes of subsection (1) must not start

before B has—

25

(a)   

consented to P making a check in accordance with section

15(2)(a), and

(b)   

provided any information required to make that check.”

(7)   

In section 8 of that Act (person not to engage in regulated activity unless

subject to monitoring) for subsection (11) substitute—

30

“(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—

(a)   

the person’s appointment first took effect before the

commencement of this section, and

35

(b)   

it continues to have effect after such commencement.”

80      

Monitoring application

In section 24 of the Safeguarding Vulnerable Groups Act 2006 (monitoring)—

(a)   

in subsection (1)(b) for “a monitoring application” substitute “an

application to the Secretary of State under this section (a “monitoring

40

application”)”, and

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

106

 

(b)   

for subsection (10) substitute—

“(10)   

The Secretary of State may determine the form, manner and

contents of a monitoring application.”

81      

Monitoring: additional fees

(1)   

After section 24 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)

5

insert—

“24A    

Monitoring: power to prescribe additional fees

(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

10

individual made a monitoring application (within the meaning

of section 24) in respect of the activity, and

(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

15

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

application were made in respect of the activity as mentioned in

subsection (1)(b).

20

(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

25

circumstances under section 24A”,

(b)   

in subsection (2) after “made” insert “, or change of circumstances

occurring,”,

(c)   

in subsection (3) after “made” insert “or change of circumstances

occurring”,

30

(d)   

in subsection (4) after “24” insert “or 24A”,

(e)   

in subsection (5)—

(i)   

for “power” substitute “powers”, and

(ii)   

for “is” substitute “are”, and

(f)   

in subsection (6) after “24(1)(d)” insert “or 24A”.

35

(3)   

In section 30 of that Act (provision of vetting information) after subsection (2)

insert—

“(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.”

82      

Vetting information

40

(1)   

Section 30 of the Safeguarding Vulnerable Groups Act 2006 (provision of

vetting information) is amended as follows.

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

107

 

(2)   

In subsection (2) (appropriate declaration)—

(a)   

in paragraph (a) for “a specified entry” substitute “the table in Schedule

7”, and

(b)   

after that paragraph (but before the following “and”) insert—

“(aa)   

that column 2 of the entry by virtue of which A falls within

5

column 1 refers to children or (as the case may be) vulnerable

adults,

(ab)   

whether the information is sought by A with a view to

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

10

relation to the appointment of B to a position in which B will

carry out paid activity,”.

(3)   

Omit subsection (3).

(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

15

entry”.

(5)   

Omit subsection (5).

(6)   

After subsection (6) insert—

“(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

20

treated as, or not to be treated as, an activity carried out for financial

gain.”

83      

Notification of cessation of monitoring

(1)   

Section 32 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (notification

of cessation of monitoring) is amended as follows.

25

(2)   

In subsection (3) (appropriate declaration)—

(a)   

in paragraph (a) for “a specified entry” substitute “the table in Schedule

7”, and

(b)   

after that paragraph (but before the following “and”) insert—

“(aa)   

that column 2 of the entry by virtue of which A falls within

30

column 1 refers to children or (as the case may be) vulnerable

adults,”.

(3)   

Omit subsection (4).

(4)   

In subsection (5)(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

35

entry”.

(5)   

Omit subsection (8).

84      

Notification of proposal to include person in barred list

(1)   

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

108

 

(2)   

After section 34 insert—

“34A    

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 3,

it—

5

(a)   

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

section 32 in relation to regulated activity relating to children,

and

(b)   

may notify any other person who it is satisfied falls within

subsection (2).

10

(2)   

The following fall within this subsection—

(a)   

any person who is permitting B to engage in regulated activity

relating to children,

(b)   

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

is permitting B to engage in controlled activity relating to

15

children.

(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

20

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.

34B     

Notification of proposal to include person in adults’ barred list

25

(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 3, it—

(a)   

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

section 32 in relation to regulated activity relating to vulnerable

adults, and

30

(b)   

may notify any other person who it is satisfied falls within

subsection (2).

(2)   

The following fall within this subsection—

(a)   

any person who is permitting B to engage in regulated activity

relating to vulnerable adults,

35

(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

40

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

45

name in the register.

 
 

 
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