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Protection of Freedoms Bill


Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 1 — Safeguarding of vulnerable groups

49

 

(9)   

In paragraph 10(2) (the period condition)—

(a)   

omit “or 7(1)(a), (b), (c), (d) or (g)”, and

(b)   

in paragraph (b), omit “or vulnerable adults (as the case may be)”.

66      

 Alteration of test for barring decisions

(1)   

For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 3 to the

5

Safeguarding Vulnerable Groups Act 2006 (automatic inclusion of person to

whom paragraph applies in children’s barred list) substitute—

    “(2)  

If the Secretary of State has reason to believe that—

(a)   

this paragraph might apply to a person, and

(b)   

the person is or has been, or might in future be, engaged in

10

regulated activity relating to children,

           

the Secretary of State must refer the matter to ISA.

      (3)  

If (whether or not on a reference under sub-paragraph (2)) ISA—

(a)   

is satisfied that this paragraph applies to a person, and

(b)   

has reason to believe that the person is or has been, or might

15

in future be, engaged in regulated activity relating to

children,

           

it must include the person in the children’s barred list.”

(2)   

For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Act

(inclusion of person to whom paragraph applies in children’s barred list with

20

right to make representation afterwards) substitute—

    “(2)  

If the Secretary of State has reason to believe that—

(a)   

this paragraph might apply to a person, and

(b)   

the person is or has been, or might in future be, engaged in

regulated activity relating to children,

25

           

the Secretary of State must refer the matter to ISA.

      (3)  

Sub-paragraph (4) applies if (whether or not on a reference under

sub-paragraph (2)) it appears to ISA that—

(a)   

this paragraph applies to a person, and

(b)   

the person is or has been, or might in future be, engaged in

30

regulated activity relating to children.

      (4)  

ISA must give the person the opportunity to make representations as

to why the person should not be included in the children’s barred

list.

      (5)  

Sub-paragraph (6) applies if—

35

(a)   

the person does not make representations before the end of

any time prescribed for the purpose, or

(b)   

the duty in sub-paragraph (4) does not apply by virtue of

paragraph 16(2).

      (6)  

If ISA—

40

(a)   

is satisfied that this paragraph applies to the person, and

(b)   

has reason to believe that the person is or has been, or might

in future be, engaged in regulated activity relating to

children,

           

it must include the person in the list.

45

 
 

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 1 — Safeguarding of vulnerable groups

50

 

      (7)  

Sub-paragraph (8) applies if the person makes representations before

the end of any time prescribed for the purpose.

      (8)  

If ISA—

(a)   

is satisfied that this paragraph applies to the person,

(b)   

has reason to believe that the person is or has been, or might

5

in future be, engaged in regulated activity relating to

children, and

(c)   

is satisfied that it is appropriate to include the person in the

children’s barred list,

           

it must include the person in the list.”

10

(3)   

In paragraph 3 of that Schedule to that Act (inclusion in children’s barred list

on behaviour grounds)—

(a)   

in sub-paragraph (1)(a) for the words from “has” to “conduct,”

substitute “—

(i)   

has (at any time) engaged in relevant conduct,

15

and

(ii)   

is or has been, or might in future be, engaged

in regulated activity relating to children,”,

(b)   

in sub-paragraph (3), after paragraph (a) (and before the word “and” at

the end of the paragraph), insert—

20

“(aa)   

it has reason to believe that the person is or has been,

or might in future be, engaged in regulated activity

relating to children,”, and

(c)   

in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(4)   

In paragraph 5 of that Schedule to that Act (inclusion in children’s barred list

25

because of risk of harm)—

(a)   

in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

“—

(i)   

falls within sub-paragraph (4), and

(ii)   

is or has been, or might in future be, engaged

30

in regulated activity relating to children,”,

(b)   

in sub-paragraph (3), after paragraph (a) (and before the word “and” at

the end of the paragraph), insert—

“(aa)   

it has reason to believe that the person is or has been,

or might in future be, engaged in regulated activity

35

relating to children,”, and

(c)   

in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(5)   

For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Act

(automatic inclusion of person to whom paragraph applies in adults’ barred

list) substitute—

40

    “(2)  

If the Secretary of State has reason to believe that—

(a)   

this paragraph might apply to a person, and

(b)   

the person is or has been, or might in future be, engaged in

regulated activity relating to vulnerable adults,

           

the Secretary of State must refer the matter to ISA.

45

      (3)  

If (whether or not on a reference under sub-paragraph (2)) ISA—

(a)   

is satisfied that this paragraph applies to a person, and

 
 

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 1 — Safeguarding of vulnerable groups

51

 

(b)   

has reason to believe that the person is or has been, or might

in future be, engaged in regulated activity relating to

vulnerable adults,

           

it must include the person in the adults’ barred list.”

(6)   

For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Act

5

(inclusion of person to whom paragraph applies in adults’ barred list with

right to make representation afterwards) substitute—

    “(2)  

If the Secretary of State has reason to believe that—

(a)   

this paragraph might apply to a person, and

(b)   

the person is or has been, or might in future be, engaged in

10

regulated activity relating to vulnerable adults,

           

the Secretary of State must refer the matter to ISA.

      (3)  

Sub-paragraph (4) applies if (whether or not on a reference under

sub-paragraph (2)) it appears to ISA that—

(a)   

this paragraph applies to a person, and

15

(b)   

the person is or has been, or might in future be, engaged in

regulated activity relating to vulnerable adults.

      (4)  

ISA must give the person the opportunity to make representations as

to why the person should not be included in the adults’ barred list.

      (5)  

Sub-paragraph (6) applies if—

20

(a)   

the person does not make representations before the end of

any time prescribed for the purpose, or

(b)   

the duty in sub-paragraph (4) does not apply by virtue of

paragraph 16(2).

      (6)  

If ISA—

25

(a)   

is satisfied that this paragraph applies to the person, and

(b)   

has reason to believe that the person is or has been, or might

in future be, engaged in regulated activity relating to

vulnerable adults,

           

it must include the person in the list.

30

      (7)  

Sub-paragraph (8) applies if the person makes representations before

the end of any time prescribed for the purpose.

      (8)  

If ISA—

(a)   

is satisfied that this paragraph applies to the person,

(b)   

has reason to believe that the person is or has been, or might

35

in future be, engaged in regulated activity relating to

vulnerable adults, and

(c)   

is satisfied that it is appropriate to include the person in the

adults’ barred list,

           

it must include the person in the list.”

40

(7)   

In paragraph 9 of that Schedule to that Act (inclusion in adults’ barred list on

behaviour grounds)—

(a)   

in sub-paragraph (1)(a) for the words from “has” to “conduct,”

substitute “—

(i)   

has (at any time) engaged in relevant conduct,

45

and

 
 

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 1 — Safeguarding of vulnerable groups

52

 

(ii)   

is or has been, or might in future be, engaged

in regulated activity relating to vulnerable

adults,”,

(b)   

in sub-paragraph (3), after paragraph (a) (and before the word “and” at

the end of the paragraph), insert—

5

“(aa)   

it has reason to believe that the person is or has been,

or might in future be, engaged in regulated activity

relating to vulnerable adults,”, and

(c)   

in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(8)   

In paragraph 11 of that Schedule to that Act (inclusion in adults’ barred list

10

because of risk of harm)—

(a)   

in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

“—

(i)   

falls within sub-paragraph (4), and

(ii)   

is or has been, or might in future be, engaged

15

in regulated activity relating to vulnerable

adults,”,

(b)   

in sub-paragraph (3), after paragraph (a) (and before the word “and” at

the end of the paragraph), insert—

“(aa)   

it has reason to believe that the person is or has been,

20

or might in future be, engaged in regulated activity

relating to vulnerable adults,”, and

(c)   

in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

Abolition of other areas of regulation

67      

Abolition of controlled activity

25

Omit sections 21 to 23 of the Safeguarding Vulnerable Groups Act 2006

(controlled activity).

68      

Abolition of monitoring

Omit sections 24 to 27 of the Safeguarding Vulnerable Groups Act 2006

(monitoring).

30

Main amendments relating to new arrangements

69      

Information for purposes of making barring decisions

(1)   

In paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006

(information required by ISA about persons to whom grounds for barring

apply)—

35

(a)   

in sub-paragraph (1)—

(i)   

in paragraph (a) after “applies” insert “or appears to apply”,

(ii)   

in paragraph (b) for “apply” substitute “applies or appears to

apply”, and

(iii)   

omit paragraph (d),

40

(b)   

in sub-paragraphs (2) and (3) for “thinks might” substitute “reasonably

believes to”, and

 
 

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 1 — Safeguarding of vulnerable groups

53

 

(c)   

in sub-paragraph (6)—

(i)   

omit the words from “which” to “it is”, and

(ii)   

omit “or paragraph 20(2)”.

(2)   

In paragraph 20 of that Schedule to that Act (provision of information by

Secretary of State to ISA) for sub-paragraph (2) substitute—

5

    “(2)  

Where the Secretary of State is under a duty under paragraph 1, 2, 7

or 8 to refer a matter to ISA, the Secretary of State must provide to

ISA any prescribed details of relevant matter (within the meaning of

section 113A of the Police Act 1997) of a prescribed description which

has been made available to the Secretary of State for the purposes of

10

Part 5 of that Act.”

70      

Review of barring decisions

After paragraph 18 of Schedule 3 to the Safeguarding Vulnerable Groups Act

2006 (power to apply for review of a person’s inclusion in a barred list) insert—

“18A  (1)  

Sub-paragraph (2) applies if a person’s inclusion in a barred list is not

15

subject to—

(a)   

a review under paragraph 18, or

(b)   

an application under that paragraph,

           

which has not yet been determined.

      (2)  

ISA may, at any time, review the person’s inclusion in the list.

20

      (3)  

On any such review, ISA may remove the person from the list if, and

only if, it is satisfied that, in the light of—

(a)   

information which it did not have at the time of the person’s

inclusion in the list,

(b)   

any change of circumstances relating to the person

25

concerned, or

(c)   

any error by ISA,

           

it is not appropriate for the person to be included in the list.”

71      

Information about barring decisions

(1)   

For sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006

30

(provision of vetting information and information about cessation of

monitoring) substitute—

“30A    

Provision of barring information on request

(1)   

The Secretary of State must provide a person (A) with the information

mentioned in subsection (3) in relation to another (B) if—

35

(a)   

A makes an application for the information and pays any fee

payable in respect of the application,

(b)   

the application contains the appropriate declaration, and

(c)   

the Secretary of State has no reason to believe that the

declaration is false.

40

(2)   

The appropriate declaration is a declaration by A—

(a)   

that A falls within column 1 of the table in Schedule 7 in relation

to B,

 
 

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 1 — Safeguarding of vulnerable groups

54

 

(b)   

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

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

adults, and

(c)   

that B has consented to the provision of the information to A.

(3)   

The information is—

5

(a)   

if A’s declaration states that column 2 of the relevant entry

refers to children, whether B is barred from regulated activity

relating to children, and

(b)   

if A’s declaration states that column 2 of the relevant entry

refers to vulnerable adults, whether B is barred from regulated

10

activity relating to vulnerable adults.

(4)   

If B consents to the provision of information to A in relation to an

application under this section, the consent also has effect in relation to

any subsequent such application by A.

(5)   

The Secretary of State may prescribe any fee payable in respect of an

15

application under this section.

(6)   

Fees received by the Secretary of State by virtue of this section must be

paid into the Consolidated Fund.

(7)   

The Secretary of State may determine the form, manner and contents of

an application for the purposes of this section (including the form and

20

manner of a declaration contained in such an application).

30B     

Provision of barring information on registration

(1)   

The Secretary of State must establish and maintain a register for the

purposes of this section.

(2)   

The Secretary of State must register a person (A) in relation to another

25

(B) if—

(a)   

A makes an application to be registered in relation to B and pays

any fee payable in respect of the application,

(b)   

the application contains the appropriate declaration, and

(c)   

the Secretary of State has no reason to believe that the

30

declaration is false.

(3)   

The appropriate declaration is a declaration by A—

(a)   

that A falls within column 1 of the table in Schedule 7 in relation

to B,

(b)   

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

35

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

adults, and

(c)   

that B has consented to the application.

(4)   

A’s application and registration relate—

(a)   

if A’s declaration states that column 2 of the relevant entry

40

refers to children, to regulated activity relating to children;

(b)   

if A’s declaration states that column 2 of the relevant entry

refers to vulnerable adults, to regulated activity relating to

vulnerable adults.

(5)   

The Secretary of State must notify A if B is barred from regulated

45

activity to which A’s registration relates.

 
 

Protection of Freedoms Bill
Part 5 — Safeguarding vulnerable groups, criminal records etc.
Chapter 1 — Safeguarding of vulnerable groups

55

 

(6)   

The requirement under subsection (5) is satisfied if notification is sent

to any address recorded against A’s name in the register.

(7)   

If B consents to the provision of information to A under section 30A, the

consent also has effect as consent to any application by A to be

registered in relation to B under this section.

5

(8)   

The Secretary of State may prescribe any fee payable in respect of an

application under this section.

(9)   

Fees received by the Secretary of State by virtue of this section must be

paid into the Consolidated Fund.

(10)   

The Secretary of State may determine the form, manner and contents of

10

an application for the purposes of this section (including the form and

manner of a declaration contained in such an application).”

(2)   

In section 33 of that Act (cessation of registration)—

(a)   

in subsection (1) for “32” substitute “30B”,

(b)   

in subsection (2) for “(6)” substitute “(5)”, and

15

(c)   

after subsection (3) insert—

“(3A)   

Circumstances prescribed by virtue of subsection (3) may, in

particular, include that—

(a)   

the Secretary of State has asked the registered person

(A) to make a renewed declaration within the prescribed

20

period in relation to the person (B) in relation to whom

A is registered, and

(b)   

either—

(i)   

A has failed to make the declaration within that

period, or

25

(ii)   

A has made the declaration within that period

but the Secretary of State has reason to believe

that it is false.

(3B)   

A renewed declaration is a declaration by A—

(a)   

that A falls within column 1 of the table in Schedule 7 in

30

relation to B,

(b)   

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

within column 1 refers to children or (as the case may

be) vulnerable adults, and

(c)   

that B consents to the registration of A in relation to B.

35

(3C)   

If B consents to the provision of information to A under section

30A, the consent also has effect as consent to the registration of

A in relation to B.

(3D)   

Section 34 applies in relation to the making of a declaration in

response to a request from the Secretary of State of the kind

40

mentioned in subsection (3A)(a) as it applies in relation to the

making of a declaration in an application made for the purposes

of section 30B.”

(3)   

In section 34 of that Act (declarations under sections 30 and 32)—

(a)   

in the heading for “30 and 32” substitute “30A and 30B”, and

45

(b)   

in subsection (1) for “30 or 32” substitute “30A or 30B”.

 
 

 
previous section contents continue
 

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Revised 11 February 2011