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
109

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.
5
(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
10
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
15
(b)
omit subsections (4) and (5).
85
Provision of safeguarding information to the police
After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)
insert—
“Provision of information to the police
20
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.
25
(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.”
86
Barring process
(1)
Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists) is
amended as follows.
30
(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.
35
      (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

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
110

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—
5
(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
10
(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
15
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
20
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
25
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”.
30
Safeguarding vulnerable groups: Northern Ireland
87
Notification of proposal to include person in barred list: Northern Ireland
(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—
35
“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—
(a)
must notify any person who is registered in relation to B under
40
Article 34 in relation to regulated activity relating to children,
and

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
111

(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,
5
(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
10
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
15
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
20
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—
25
(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.
30
(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.
35
(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—
40
(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.
(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).
45

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
112

(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.”
5
(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).
88
Provision of safeguarding information to the police: Northern Ireland
10
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
15
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
20
of ISA to provide information for any purpose or to any person.”
89
Barring process: Northern Ireland
(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-
25
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
30
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
35
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
40
barred list.”

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
113

(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.
5
      (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
10
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
15
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
20
individual”.
Criminal records etc
90
Criminal conviction certificates to be given to employers
In section 112 of the Police Act 1997 (c. 50) (criminal conviction certificates)
after subsection (2) insert—
25
“(2A)
If an application for a criminal conviction certificate states that the
certificate is required in connection with employment by, or voluntary
work for, a person specified in the application, the Secretary of State
must send a copy of the certificate to that person.”
91
Certificates of criminal records etc: right to work information
30
In the Police Act 1997 after section 113CC insert—
“113CD
Immigration information relevant to employment
(1)
This section applies where—
(a)
an application for a certificate under section 112, 113A or 113B
contains a request for information under this section,
35
(b)
in the case of an application for a certificate under section 112,
the application contains a statement that the information is
sought for the purposes of employment with a person specified
in the application, and
(c)
the applicant pays in the prescribed manner any additional fee
40
prescribed in respect of the application.
(2)
The certificate must state—

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
114

(a)
whether according to records held by the Secretary of State the
applicant is subject to immigration control, or
(b)
that records held by the Secretary of State do not show whether
the applicant is subject to immigration control.
(3)
If the records show that the applicant is subject to immigration control,
5
the certificate must state—
(a)
whether according to the records the applicant has been
granted leave to enter or remain in the United Kingdom, or
(b)
that the records do not show whether the applicant has been
granted leave to enter or remain in the United Kingdom.
10
(4)
If the records show that the applicant has been granted leave to enter or
remain in the United Kingdom, the certificate must state—
(a)
whether according to the records the applicant’s leave to enter
or remain in the United Kingdom is current, or
(b)
that the records do not show whether the applicant’s leave to
15
enter or remain in the United Kingdom is current.
(5)
If the records show that the applicant has been granted leave to enter or
remain in the United Kingdom and that it is current, the certificate must
also state any conditions to which the leave to enter or remain is subject
and which relate to the applicant’s employment.
20
(6)
A certificate under this section must contain such advice as the
Secretary of State thinks appropriate about where to obtain further
information about the matters mentioned in subsections (2) to (5).
(7)
For the purposes of this section a person’s leave to enter or remain in
the United Kingdom is current unless—
25
(a)
it is invalid, or
(b)
it has ceased to have effect (whether by reason of curtailment,
revocation, cancellation, passage of time or otherwise).
(8)
For the purposes of this section a person is subject to immigration
control if under the Immigration Act 1971 the person requires leave to
30
enter or remain in the United Kingdom.”
92
Criminal conviction certificates: verification of identity
In section 118 of the Police Act 1997 (c. 50) (evidence of identity) after
subsection (2) insert—
“(2ZA)
By virtue of subsection (1) the Secretary of State may, in particular,
35
refuse to issue a certificate to a person unless the application is
supported by prescribed evidence that the person’s identity has been
verified by a third person determined by the Secretary of State (whether
or not the third person charges a fee for such verification).”
93
Registered persons
40
(1)
Section 120A of the Police Act 1997 (refusal and cancellation of registration), as
inserted by section 134 of the Criminal Justice and Police Act 2001 (c. 16), is
amended as follows.
(2)
In subsection (3) (matters to which Secretary of State may have regard in

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Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records
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considering suitability of persons likely to have access to information) for
paragraph (b) substitute—
“(b)
any information relating to the person of a kind specified in
subsection (3A);”.
(3)
After subsection (3) insert—
5
“(3A)
The information is—
(a)
whether the person is barred from regulated activity;
(b)
if the person is barred from such activity, such details as are
prescribed of the circumstances in which the person became
barred;
10
(c)
whether the Independent Safeguarding Authority is
considering whether to include the person in a barred list in
pursuance of paragraph 3, 5, 9 or 11 of Schedule 3 to the
Safeguarding Vulnerable Groups Act 2006;
(d)
whether the person is subject to a direction under section 167A
15
of the Education Act 2002 (prohibition on participation in
management of independent school).
(3B)
Subsection (3C) applies if—
(a)
the Secretary of State receives an application for registration,
and
20
(b)
it appears to the Secretary of State that the registration is likely
to make it possible for information to become available to an
individual who the Independent Safeguarding Authority is
considering whether to include in a barred list as mentioned in
subsection (3A)(c).
25
(3C)
The Secretary of State may postpone consideration of the application
until the Authority has decided whether to include the individual in the
barred list.
(3D)
Expressions used in subsections (3A) to (3C) and in the Safeguarding
Vulnerable Groups Act 2006 (c. 47) have the same meaning in those
30
subsections as in that Act, except that “prescribed” must be construed
in accordance with section 125 of this Act.”
(4)
After subsection (6) insert—
“(7)
The Secretary of State may by order made by statutory instrument
amend subsection (3A) for the purpose of altering the information
35
specified in that subsection.
(8)
Such an order is subject to annulment in pursuance of a resolution of
either House of Parliament.”
94
Criminal records: applications
(1)
Before section 126 of the Police Act 1997 (c. 50) insert—
40
“125B
Form of applications
(1)
The Secretary of State may determine the form, manner and contents of
an application for the purposes of any provision of this Part.