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Safeguarding vulnerable groups: England and Wales |
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79 | Educational establishments: check on members of governing body |
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(1) | Section 13 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (educational |
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establishments: check on members of governing body) is amended as follows. |
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(2) | After subsection (1) insert— |
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“(1A) | B commits an offence if— |
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(a) | B acts as a member of the governing body of an educational |
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establishment mentioned in section 8(5), and |
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(b) | B has not consented to P making a check in accordance with |
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section 15(2)(a) or has not provided any information required to |
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(3) | In subsection (2) (penalty for offence) after “(1)” insert “or (1A)”. |
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(4) | After subsection (3) insert— |
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“(3A) | A person does not commit an offence under subsection (1A) if, in |
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relation to any continuous period for which the person is a member of |
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the governing body of the establishment— |
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(a) | the person’s appointment first took effect before the |
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commencement of this section, and |
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(b) | it continues to have effect after such commencement.” |
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(5) | In subsection (4) (power of Secretary of State to order that subsection (3) no |
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longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A) |
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(6) | After subsection (5) insert— |
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“(6) | The period prescribed for the purposes of subsection (1) must not start |
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(a) | consented to P making a check in accordance with section |
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(b) | provided any information required to make that check.” |
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(7) | In section 8 of that Act (person not to engage in regulated activity unless |
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subject to monitoring) for subsection (11) substitute— |
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“(11) | A person does not commit an offence under subsection (3) if, in relation |
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to any continuous period for which the person is a member of the |
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governing body of the establishment— |
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(a) | the person’s appointment first took effect before the |
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commencement of this section, and |
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(b) | it continues to have effect after such commencement.” |
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80 | Monitoring application |
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In section 24 of the Safeguarding Vulnerable Groups Act 2006 (monitoring)— |
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(a) | in subsection (1)(b) for “a monitoring application” substitute “an |
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application to the Secretary of State under this section (a “monitoring |
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(b) | for subsection (10) substitute— |
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“(10) | The Secretary of State may determine the form, manner and |
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contents of a monitoring application.” |
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81 | Monitoring: additional fees |
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(1) | After section 24 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) |
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“24A | Monitoring: power to prescribe additional fees |
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(1) | An individual subject to monitoring under section 24 in relation to a |
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regulated activity must pay a prescribed fee if— |
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(a) | no fee was payable by virtue of section 24(1)(d) when the |
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individual made a monitoring application (within the meaning |
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of section 24) in respect of the activity, and |
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(b) | there has been a prescribed change of circumstances as a result |
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of which a fee would be payable by virtue of section 24(1)(d) if |
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a monitoring application were now made in respect of the |
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(2) | The amount of the fee payable by virtue of subsection (1) must not |
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exceed the amount of fee which would be payable if a monitoring |
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application were made in respect of the activity as mentioned in |
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(3) | An individual does not cease to be subject to monitoring under section |
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24 merely because the individual fails to pay a fee required by this |
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section (but see section 30(2A)).” |
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(2) | In section 25 of that Act (monitoring: fees)— |
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(a) | in subsection (1) after “24” insert “or in relation to a change of |
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circumstances under section 24A”, |
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(b) | in subsection (2) after “made” insert “, or change of circumstances |
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(c) | in subsection (3) after “made” insert “or change of circumstances |
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(d) | in subsection (4) after “24” insert “or 24A”, |
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(i) | for “power” substitute “powers”, and |
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(ii) | for “is” substitute “are”, and |
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(f) | in subsection (6) after “24(1)(d)” insert “or 24A”. |
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(3) | In section 30 of that Act (provision of vetting information) after subsection (2) |
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“(2A) | The Secretary of State may refuse to provide A with the information if |
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B has failed to pay a fee required by section 24A.” |
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(1) | Section 30 of the Safeguarding Vulnerable Groups Act 2006 (provision of |
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vetting information) is amended as follows. |
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(2) | In subsection (2) (appropriate declaration)— |
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(a) | in paragraph (a) for “a specified entry” substitute “the table in Schedule |
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(b) | after that paragraph (but before the following “and”) insert— |
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“(aa) | that column 2 of the entry by virtue of which A falls within |
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column 1 refers to children or (as the case may be) vulnerable |
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(ab) | whether the information is sought by A with a view to |
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permitting or supplying B to carry out paid activity or with a |
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view to making a check in accordance with section 15(2)(a) in |
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relation to the appointment of B to a position in which B will |
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carry out paid activity,”. |
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(4) | In subsection (4)(a) and (b) (information to be provided) for “column 2 of the |
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specified entry” substitute “A’s declaration states that column 2 of the relevant |
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(6) | After subsection (6) insert— |
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“(6A) | “Paid activity” means an activity carried out for financial gain. |
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(6B) | The Secretary of State may by regulations provide for an activity to be |
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treated as, or not to be treated as, an activity carried out for financial |
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83 | Notification of cessation of monitoring |
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(1) | Section 32 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (notification |
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of cessation of monitoring) is amended as follows. |
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(2) | In subsection (3) (appropriate declaration)— |
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(a) | in paragraph (a) for “a specified entry” substitute “the table in Schedule |
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(b) | after that paragraph (but before the following “and”) insert— |
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“(aa) | that column 2 of the entry by virtue of which A falls within |
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column 1 refers to children or (as the case may be) vulnerable |
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(4) | In subsection (5)(a) and (b) (information to be provided) for “column 2 of the |
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specified entry” substitute “A’s declaration states that column 2 of the relevant |
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84 | Notification of proposal to include person in barred list |
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(1) | The Safeguarding Vulnerable Groups Act 2006 is amended as follows. |
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(2) | After section 34 insert— |
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“34A | Notification of proposal to include person in children’s barred list |
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(1) | If ISA proposes to include a person (B) in the children’s barred list in |
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the circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 3, |
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(a) | must notify any person who is registered in relation to B under |
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section 32 in relation to regulated activity relating to children, |
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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 subsection— |
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(a) | any person who is permitting B to engage in regulated activity |
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(b) | any responsible person (within the meaning of section 23) who |
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is permitting B to engage in controlled activity relating to |
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(3) | A notification under this section 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 |
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reasons for proposing to include B in the barred list. |
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(4) | The requirement to notify a person under subsection (1)(a) is satisfied |
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if notification is sent to any address recorded against that person’s |
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34B | Notification of proposal to include person in adults’ barred list |
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(1) | If ISA proposes to include a person (B) in the adults’ barred list in the |
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circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 3, it— |
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(a) | must notify any person who is registered in relation to B under |
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section 32 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 subsection— |
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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 section 23) who |
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is permitting B to engage in controlled activity relating to |
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(3) | A notification under this section 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 |
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reasons for proposing to include B in the barred list. |
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(4) | The requirement to notify a person under subsection (1)(a) is satisfied |
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if notification is sent to any address recorded against that person’s |
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