Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

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.