House of Commons Public Bill Committee Proceedings

Session 2010 - 12
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Other Bills before Parliament

Public Bill Committee Proceedings: 17 May 2011
77

Protection of Freedoms Bill, continued

‘(1)
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2)
In Schedule 4, paragraph 3, subsection (1)(a) after “exclusively or mainly for the

provision of full-time education to children;”, insert “including further education

colleges as defined under the Further and Higher Education Act 1992.”.’.

New Schedules

Lynne Featherstone

Agreed to  NS1

To move the following Schedule:—

SCHEDULE

Safeguarding of vulnerable groups: Northern Ireland

Restriction of scope of regulated activities: children

1    (1)
Parts 1 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern

Ireland) Order 2007 (S.I. 2007/1351 (N.I.11)) (regulated activity relating to

children and the period condition) are amended as follows.

      (2)
In paragraph 1(1)(b) (frequency and period condition for regulated activity), at

the beginning, insert “except in the case of activities falling within sub-

paragraph (1A),”.

      (3)
After paragraph 1(1) insert—

“(1A)
The following activities fall within this sub-paragraph—

(a)
relevant personal care, and

(b)
health care provided by, or under the direction or

supervision of, a health care professional.

    (1B)
In this Part of this Schedule “relevant personal care” means—

(a)
physical assistance which is given to a child who is in need

of it by reason of illness or disability and is given in

connection with eating or drinking (including the

administration of parenteral nutrition),

(b)
physical assistance which is given to a child who is in need

of it by reason of age, illness or disability and is given in

connection with—

(i)
toileting (including in relation to the process of

menstruation),

(ii)
washing or bathing, or

(iii)
dressing,

(c)
the prompting, together with supervision, of a child, who is

in need of it by reason of illness or disability, in relation to

the performance of the activity of eating or drinking where

the child is unable to make a decision in relation to

performing such an activity without such prompting and

supervision,

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

(d)
the prompting, together with supervision, of a child, who is

in need of it by reason of age, illness or disability, in

relation to the performance of any of the activities listed in

paragraph (b)(i) to (iii) where the child is unable to make a

decision in relation to performing such an activity without

such prompting and supervision,

(e)
any form of training, instruction, advice or guidance

which—

(i)
relates to the performance of the activity of eating

or drinking,

(ii)
is given to a child who is in need of it by reason of

illness or disability, and

(iii)
does not fall within paragraph (c), or

(f)
any form of training, instruction, advice or guidance

which—

(i)
relates to the performance of any of the activities

listed in paragraph (b)(i) to (iii),

(ii)
is given to a child who is in need of it by reason of

age, illness or disability, and

(iii)
does not fall within paragraph (d).

    (1C)
In this Part of this Schedule —

“health care” includes all forms of health care provided for children,

whether relating to physical or mental health and also includes

palliative care for children and procedures that are similar to forms

of medical or surgical care but are not provided for children in

connection with a medical condition,

“health care professional” means a person who is a member of a

profession regulated by a body mentioned in section 25(3) of the

National Health Service Reform and Health Care Professions Act

2002.

    (1D)
Any reference in this Part of this Schedule to health care provided

by, or under the direction or supervision of, a health care

professional includes a reference to first aid provided to a child by

any person acting on behalf of an organisation established for the

purpose of providing first aid.”

      (4)
In paragraph 1(2)(c) (work activities at certain establishments to be regulated

activity) for “any form of work (whether or not for gain)” substitute “any work

falling within sub-paragraph (2A) or (2B)”.

      (5)
After paragraph 1(2) insert—

“(2A)
Work falls within this sub-paragraph if it is any form of work for

gain, other than any such work which—

(a)
is undertaken in pursuance of a contract for the provision of

occasional or temporary services, and

(b)
is not an activity mentioned in paragraph 2(1) (disregarding

paragraph 2(3A) and (3B)(b)).

    (2B)
Work falls within this sub-paragraph if it is any form of work which

is not for gain, other than—

(a)
any such work which—

(i)
is carried out on a temporary or occasional basis,

and

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

(ii)
is not an activity mentioned in paragraph 2(1)

(disregarding paragraph 2(3A) and (3B)(b)), or

(b)
any such work which is, on a regular basis, subject to the

day to day supervision of another person who is engaging

in regulated activity relating to children”.

      (6)
Also in paragraph 1—

(a)
after sub-paragraph (6) insert—

“(6A)
The exercise of a function of a controller appointed in

respect of a child under Article 101 of the Mental Health

(Northern Ireland) Order 1986 (NI 4) is a regulated activity

relating to children.”,

(b)
omit sub-paragraph (7) (exercise of functions of persons mentioned in

paragraph 4(1) to be regulated activity), and

(c)
after sub-paragraph (12) insert—

“(13)
Any activity which consists in or involves on a regular

basis the day to day management or supervision of a person

who would be carrying out an activity mentioned in sub-

paragraph (1) or (2) but for the exclusion for supervised

activity in paragraph 2(3A) or (3B)(b) or sub-paragraph

(2B)(b) above is a regulated activity relating to children.”

      (7)
In paragraph 2 (activities referred to in paragraph 1(1))—

(a)
in sub-paragraph (1) omit paragraph (d) (treatment and therapy

provided for a child),

(b)
in sub-paragraph (2)—

(i)
for “, (c) and (d)” substitute “and (c)”, and

(ii)
omit paragraph (d), and

(c)
after sub-paragraph (3) insert—

“(3A)
Sub-paragraph (1)(a) does not include any form of

teaching, training or instruction of children which is, on a

regular basis, subject to the day to day supervision of

another person who is engaging in regulated activity

relating to children.

    (3B)
Sub-paragraph (1)(b)—

(a)
does not include any health care provided

otherwise than by (or under the direction or

supervision of) a health care professional, and

(b)
does not, except in the case of relevant personal

care or of health care provided by (or under the

direction or supervision of) a health care

professional, include any form of care for or

supervision of children which is, on a regular basis,

subject to the day to day supervision of another

person who is engaging in regulated activity

relating to children.

    (3C)
Sub-paragraph (1)(c) does not include any legal advice.”

      (8)
Omit paragraph 4 (list of persons referred to in paragraph 1(7)).

      (9)
In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “or (c)”.

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

Restriction of definition of vulnerable adults

2    (1)
In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland) Order

2007 (interpretation of Order), in the first paragraph (2)—

(a)
after the definition of “the 2003 Order” insert—

““adult” means a person who has attained the age of 18;”, and

(b)
in the definition of “vulnerable adult”, for the words “must be

construed in accordance with Article 3” substitute “means any adult to

whom an activity which is a regulated activity relating to vulnerable

adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is

provided”.

      (2)
Omit Article 3 of the Order of 2007 (definition of vulnerable adults).

Restriction of scope of regulated activities: vulnerable adults

3    (1)
Parts 2 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups (Northern

Ireland) Order 2007 (regulated activity relating to vulnerable adults and the

period condition) are amended as follows.

      (2)
For paragraph 7(1) to (3) (main activities which are regulated activity)

substitute—

  “(1)
Each of the following is a regulated activity relating to vulnerable

adults—

(a)
the provision to an adult of health care by, or under the

direction or supervision of, a health care professional,

(b)
the provision to an adult of relevant personal care,

(c)
the provision by a social care worker of relevant social

work to an adult who is a client or potential client,

(d)
the provision of assistance in relation to general household

matters to an adult who is in need of it by reason of age,

illness or disability,

(e)
any relevant assistance in the conduct of an adult’s own

affairs,

(f)
the conveying by persons of a prescribed description in

such circumstances as may be prescribed of adults who

need to be conveyed by reason of age, illness or disability,

(g)
such activities—

(i)
involving, or connected with, the provision of

health care or relevant personal care to adults, and

(ii)
not falling within any of the above paragraphs,


as are of a prescribed description.

      (2)
Health care includes all forms of health care provided for

individuals, whether relating to physical or mental health and also

includes palliative care and procedures that are similar to forms of

medical or surgical care but are not provided in connection with a

medical condition.

      (3)
A health care professional is a person who is a member of a

profession regulated by a body mentioned in section 25(3) of the

National Health Service Reform and Health Care Professions Act

2002.

    (3A)
Any reference in this Part of this Schedule to health care provided

by, or under the direction or supervision of, a health care

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

professional includes a reference to first aid provided to an adult by

any person acting on behalf of an organisation established for the

purpose of providing first aid.

    (3B)
Relevant personal care means—

(a)
physical assistance, given to a person who is in need of it

by reason of age, illness or disability, in connection with—

(i)
eating or drinking (including the administration of

parenteral nutrition),

(ii)
toileting (including in relation to the process of

menstruation),

(iii)
washing or bathing,

(iv)
dressing,

(v)
oral care, or

(vi)
the care of skin, hair or nails (other than nail care

provided by a chiropodist or podiatrist),

(b)
the prompting, together with supervision, of a person who

is in need of it by reason of age, illness or disability in

relation to the performance of any of the activities listed in

paragraph (a) where the person is unable to make a decision

in relation to performing such an activity without such

prompting and supervision, or

(c)
any form of training, instruction, advice or guidance

which—

(i)
relates to the performance of any of the activities

listed in paragraph (a),

(ii)
is given to a person who is in need of it by reason

of age, illness or disability, and

(iii)
does not fall within paragraph (b).

    (3C)
Relevant social work has the meaning given by section 2(4) of the

Health and Personal Social Services Act (Northern Ireland) 2001

and social care worker means a person who is a social care worker

by virtue of section 2(2)(a) of that Act.

    (3D)
Assistance in relation to general household matters is day to day

assistance in relation to the running of the household of the person

concerned where the assistance is the carrying out of one or more

of the following activities on behalf of that person—

(a)
managing the person’s cash,

(b)
paying the person’s bills,

(c)
shopping.

    (3E)
Relevant assistance in the conduct of a person’s own affairs is

anything done on behalf of the person by virtue of—

(a)
an enduring power of attorney (within the meaning of the

Enduring Powers of Attorney (Northern Ireland) Order

1987 (NI 16)) in respect of the person which is—

(i)
registered in accordance with that Order, or

(ii)
the subject of an application to be so registered,

(b)
an order made under Article 99 or 101 of the Mental Health

(Northern Ireland) Order 1986 (NI 4) by the High Court in

relation to the person or the person’s property or affairs, or

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

(c)
the appointment of a representative to receive payments on

behalf of the person in pursuance of regulations made

under the Social Security Administration (Northern

Ireland) Act 1992.”

      (3)
Omit paragraph 7(4) (certain activities in residential care or nursing homes to

be regulated activity).

      (4)
In paragraph 7(5) (day to day management or supervision of certain activities

to be regulated activity) omit “, (4)”.

      (5)
Omit paragraph 7(9) (functions of certain persons to be regulated activity).

      (6)
Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions

are to be regulated activity).

      (7)
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)”.

Alteration of test for barring decisions

4    (1)
For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 1 to the

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (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

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

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 Order

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

regulated activity relating to children,


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

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—

Public Bill Committee Proceedings: 17 May 2011
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Protection of Freedoms Bill, continued

(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—

(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.

      (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

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.”

      (3)
In paragraph 3 of that Schedule to that Order (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, 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—

“(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 Order (inclusion in children’s barred list

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 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 relating to children,”, and

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



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