|
|
| |
| |
|
| | “(b) | the Secretary of State cancels the application on |
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| | either of the following grounds— |
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| | (i) | that the supervisory authority has not |
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| | answered, within such reasonable period |
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| | as was required by the Secretary of State, |
|
| | a request from the Secretary of State as to |
|
| | whether the supervisory authority still |
|
| | wishes to be notified of any circumstance |
|
| | mentioned in paragraph (1) in relation to |
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| | |
| | (ii) | that the notification is not required in |
|
| | connection with the exercise of a function |
|
| | of the supervisory authority mentioned in |
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| | |
| | (g) | in paragraph (8) for “prescribe” substitute “determine”. |
|
| | (5) | In Article 52 of that Order (provision of information to supervisory |
|
| | |
| | (a) | in paragraph (2) for “must” substitute “may (whether on an application |
|
| | by the authority or otherwise)”, |
|
| | |
| | (i) | in sub-paragraph (b), after “the authority” insert “which is |
|
| | mentioned in Article 47(7)”, and |
|
| | (ii) | for the words from “or information” to “occurred” substitute |
|
| | “or of any circumstance mentioned in Article 50(1) or 51(1)”, |
|
| | |
| | (c) | after paragraph (3) insert— |
|
| | “(4) | A supervisory authority may apply to ISA under this Article |
|
| | only if the information is required in connection with the |
|
| | exercise of a function of the supervisory authority which is |
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| | mentioned in Article 47(7). |
|
| | (5) | The Secretary of State may determine the form, manner and |
|
| | contents of an application for the purposes of this Article.” |
|
| | |
| | 14 (1) | Omit section 90(2) of the Policing and Crime Act 2009 (which, if commenced, |
|
| | would insert Articles 36A to 36C into the Safeguarding Vulnerable Groups |
|
| | (Northern Ireland) Order 2007 in connection with the notification of proposals |
|
| | to include persons in barred lists). |
|
| | (2) | After Article 10(8) of the Safeguarding Vulnerable Groups (Northern Ireland) |
|
| | Order 2007 (regulated activity providers) insert— |
|
| | “(8A) | An authority that is an authority for the purposes of section 8 of the |
|
| | Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or |
|
| | Article 18C of the Children Order (direct payments) does not make |
|
| | arrangements for another to engage in a regulated activity by virtue of |
|
| | anything the authority does under that section or Article.” |
|
| | (3) | In Article 41 of the Order of 2007 (education and library boards and HSC |
|
| | |
| | |
| | (i) | for “must” substitute “may”, and |
|
| | |
|
|
| |
| |
|
| | |
| | (i) | in sub-paragraph (a), for “engaged or may engage” substitute |
|
| | “or has been, or might in future be, engaged”, |
|
| | (ii) | also in sub-paragraph (a), omit “or controlled activity”, and |
|
| | (iii) | in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”, |
|
| | (c) | in paragraph (5) omit “prescribed”, and |
|
| | (d) | in the heading for “duty” substitute “power”. |
|
| | (4) | In Article 52A(1) of that Order (power for ISA to provide information to the |
|
| | police for use for certain purposes)— |
|
| | (a) | for the words “or the chief constable of a police force in England, |
|
| | Wales or Scotland” substitute “, a chief officer of police or the chief |
|
| | constable of a police force in Scotland”, and |
|
| | (b) | after sub-paragraph (b), insert— |
|
| | “(c) | the appointment of persons who are under the |
|
| | direction and control of the chief constable or (as the |
|
| | case may be) chief officer; |
|
| | (d) | any prescribed purpose”. |
|
| | (5) | After Article 52A(1) of that Order insert— |
|
| | “(1A) | ISA must, for use for any of the purposes mentioned in paragraph (1), |
|
| | provide to any chief constable or chief officer mentioned in that |
|
| | paragraph who has requested it information as to whether a person is |
|
| | |
| | (1B) | ISA may, for use for the purposes of the protection of children or |
|
| | vulnerable adults, provide to a relevant authority any information |
|
| | which ISA reasonably believes to be relevant to that authority. |
|
| | (1C) | ISA must, for use for the purposes of the protection of children or |
|
| | vulnerable adults, provide to any relevant authority who has requested |
|
| | it information as to whether a person is barred. |
|
| | (1D) | In this Article “relevant authority” means— |
|
| | (a) | the Department of Justice, exercising functions in relation to |
|
| | prisons and youth justice, |
|
| | (b) | the Probation Board for Northern Ireland, or |
|
| | |
| |
| |
| | |
| To move the following Schedule:— |
|
| |
| | Disclosure and Barring Service |
|
| | |
| | 1 (1) | DBS is to consist of— |
|
|
|
| |
| |
|
| | (a) | a person who has the function of chairing DBS, and |
|
| | (b) | such number of other members as the Secretary of State decides. |
|
| | (2) | A person falling within sub-paragraph (1)(a) or (b) (in this Schedule “an |
|
| | appointed member”) is be appointed by the Secretary of State. |
|
| | (3) | In appointing any such person, the Secretary of State must have regard to the |
|
| | desirability of ensuring that at least some of the appointed members of DBS |
|
| | are persons who appear to the Secretary of State to have knowledge or |
|
| | experience of an aspect of child protection or the protection of vulnerable |
|
| | |
| | (4) | The Secretary of State must consult the Welsh Ministers and a Northern |
|
| | Ireland Minister before making any appointment under this paragraph. |
|
| | (5) | In sub-paragraph (4) “Northern Ireland Minister” includes the First Minister |
|
| | and deputy First Minister in Northern Ireland. |
|
| | Terms of appointment of members |
|
| | 2 (1) | Subject as follows, an appointed member holds and vacates office in |
|
| | accordance with the terms of appointment. |
|
| | (2) | A period of appointment may not exceed 5 years. |
|
| | (3) | An appointed member may resign by giving notice in writing to the Secretary |
|
| | |
| | (4) | The Secretary of State may by notice in writing remove an appointed member |
|
| | |
| | (a) | has, without reasonable excuse, failed, for a continuous period of three |
|
| | months, to carry out the person’s functions, |
|
| | (b) | has been convicted (whether before or after the person’s appointment) |
|
| | |
| | (c) | is an undischarged bankrupt, or whose estate has been sequestrated |
|
| | and the person has not been discharged, |
|
| | (d) | is the subject of a bankruptcy restrictions order or an interim order |
|
| | under Schedule 4A to the Insolvency Act 1986 or an order to similar |
|
| | effect made under any corresponding enactment in force in Scotland |
|
| | |
| | (e) | has made a composition or arrangement with, or granted a trust deed |
|
| | for, the person’s creditors, |
|
| | (f) | has failed to comply with the terms of the person’s appointment, or |
|
| | (g) | is otherwise unable or unfit to carry out the person’s functions. |
|
| | (5) | A person who ceases to be an appointed member is eligible for re-appointment |
|
| | unless the cessation is by virtue of sub-paragraph (4). |
|
| | Remuneration etc: members |
|
| | 3 (1) | DBS may pay to the person who has the function of chairing it and each of the |
|
| | other appointed members such remuneration and such allowances as the |
|
| | Secretary of State may decide. |
|
| | (2) | Sub-paragraph (3) applies if— |
|
| | (a) | a person ceases to be an appointed member of DBS, and |
|
| | (b) | the Secretary of State considers that there are special circumstances |
|
| | which make it right for the person to receive compensation. |
|
| | (3) | The Secretary of State may require DBS to pay the person such amount as the |
|
| | Secretary of State may decide. |
|
|
|
| |
| |
|
| | |
| | 4 (1) | DBS must appoint a person to be chief executive. |
|
| | (2) | The period of appointment must not exceed 5 years (but a person may be re- |
|
| | |
| | (3) | DBS must consult the Secretary of State before appointing a chief executive. |
|
| | (4) | The person who has the function of chairing DBS may, with the approval of |
|
| | the Secretary of State, be appointed as chief executive. |
|
| | (5) | The chief executive is an employee of DBS. |
|
| | (6) | DBS may appoint such number of other staff as it considers appropriate. |
|
| | (7) | DBS may make arrangements for persons to be seconded to DBS to serve as |
|
| | |
| | (8) | A member of a police force on temporary service with DBS is to be under the |
|
| | direction and control of DBS. |
|
| | Remuneration, pensions etc of staff |
|
| | 5 (1) | DBS may pay to its staff such remuneration and such allowances as it may, |
|
| | with the approval of the Secretary of State, decide. |
|
| | |
| | (a) | pay such pensions, allowances or gratuities to or in respect of any |
|
| | member of staff or former member of staff, or |
|
| | (b) | pay such sums towards the provision for the payment of pensions, |
|
| | allowances or gratuities to or in respect of any member of staff or |
|
| | |
| | | as it may, with the approval of the Secretary of State, decide. |
|
| | (3) | Employment with DBS is included among the kinds of employment to which |
|
| | a scheme under section 1 of the Superannuation Act 1972 can apply, and |
|
| | accordingly in Schedule 1 to that Act (in which those kinds of employment are |
|
| | listed) insert at the appropriate place— |
|
| | | “Employment by the Disclosure and Barring Service.” |
|
| | (4) | DBS must pay to the Minister for the Civil Service, at such times as the |
|
| | Minister may direct in writing, such sums as the Minister may decide in respect |
|
| | of any increase attributable to this paragraph in the sums payable out of money |
|
| | provided by Parliament under the Act of 1972. |
|
| | |
| | 6 | DBS may, to such extent as it may decide, delegate any of its functions to— |
|
| | (a) | any of its appointed members, |
|
| | (b) | a member of its staff, |
|
| | (c) | a committee consisting of any of its appointed members, members of |
|
| | its staff or both appointed members and members of staff. |
|
| | 7 | DBS may, to such extent as it may decide, delegate any of its functions, other |
|
| | than a core function, to— |
|
| | (a) | a person who is neither an appointed member nor a member of staff, |
|
| | (b) | a committee (including a committee which comprises or includes |
|
| | persons who are neither appointed members nor members of staff). |
|
| | 8 (1) | In this Schedule a core function is— |
|
| | (a) | deciding whether it is appropriate for a person to be included in a |
|
| | barred list under the Safeguarding Vulnerable Groups Act 2006 or the |
|
| | Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. |
|
| | |
|
|
| |
| |
|
| | (b) | deciding whether to remove a person from such a list, |
|
| | (c) | considering representations made for the purposes of Schedule 3 to |
|
| | that Act or (as the case may be) Schedule 1 to that Order, or |
|
| | (d) | any function under, or in connection with, Part 5 of the Police Act |
|
| | 1997 which is specified for this purpose in an order made by the |
|
| | |
| | (2) | An order under sub-paragraph (1)(d) is to be made by statutory instrument |
|
| | which is to be subject to annulment in pursuance of a resolution of either House |
|
| | |
| | |
| | 9 (1) | As soon as possible after the beginning of each financial year, DBS must issue |
|
| | a business plan in relation to the proposed exercise of its functions during that |
|
| | |
| | (2) | DBS must consult the Secretary of State before issuing the plan. |
|
| | (3) | DBS must arrange for the plan to be published in such manner as it considers |
|
| | |
| | (4) | In this Schedule “financial year” is— |
|
| | |
| | (i) | starting with the day on which DBS is established, and |
|
| | (ii) | ending with the next 31st March or, if the period ending with |
|
| | that date is 3 months or less, ending with the next 31st March |
|
| | |
| | (b) | each succeeding period of 12 months. |
|
| | |
| | 10 (1) | As soon as possible after the end of each financial year, DBS must issue a |
|
| | report on the exercise of its functions during that year. |
|
| | (2) | DBS must arrange for the report to be published in such manner as it considers |
|
| | |
| | |
| | 11 | The Secretary of State may make payments to DBS of such amounts, at such |
|
| | times and on such conditions (if any), as the Secretary of State considers |
|
| | |
| | |
| | 12 (1) | DBS must keep its accounts in such form as the Secretary of State decides. |
|
| | (2) | DBS must prepare annual accounts in respect of each financial year in such |
|
| | form as the Secretary of State decides. |
|
| | (3) | Before the end of the specified period following the end of each financial year |
|
| | to which the annual accounts relate DBS must send a copy of the accounts to |
|
| | the Secretary of State and the Comptroller and Auditor General. |
|
| | (4) | The Comptroller and Auditor General must— |
|
| | (a) | examine, certify and report on the annual accounts, and |
|
| | (b) | send a copy of the certified accounts and of the report to the Secretary |
|
| | |
| | (5) | The Secretary of State must lay before Parliament each document received |
|
| | under sub-paragraph (4)(b). |
|
| | (6) | The specified period is such period as the Secretary of State directs in writing. |
|
|
|
| |
| |
|
| | |
| | 13 (1) | The Secretary of State may, from time to time, issue guidance in writing to |
|
| | DBS in relation to the exercise of any of its functions. |
|
| | (2) | DBS must have regard to any such guidance before exercising any function to |
|
| | |
| | |
| | 14 (1) | The Secretary of State may give directions in writing to DBS in relation to the |
|
| | exercise of any of its functions other than a core function mentioned in |
|
| | paragraph 8(1)(a), (b) or (c). |
|
| | (2) | The Secretary of State may vary or revoke any such directions. |
|
| | (3) | DBS must comply with any directions given under this paragraph. |
|
| | |
| | 15 (1) | DBS is not to be regarded— |
|
| | (a) | as a servant or agent of the Crown, or |
|
| | (b) | as enjoying any status, immunity or privilege of the Crown. |
|
| | (2) | DBS’s property is not to be regarded as property of, or property held on behalf |
|
| | |
| | Payments in connection with maladministration |
|
| | 16 (1) | Sub-paragraph (2) applies if DBS considers— |
|
| | (a) | that action taken by or on behalf of DBS amounts to |
|
| | |
| | (b) | that a person has been adversely affected by the action. |
|
| | (2) | DBS may, with the approval of the Secretary of State, make such payment (if |
|
| | any) to the person as it considers appropriate. |
|
| | (3) | In sub-paragraph (1) “action” includes failure to act. |
|
| | |
| | 17 (1) | In connection with the exercise of any of its functions DBS may— |
|
| | (a) | enter into contracts and other agreements (whether legally binding or |
|
| | |
| | (b) | acquire and dispose of property (including land), |
|
| | |
| | (d) | do such other things as DBS considers necessary or expedient. |
|
| | (2) | The power conferred by sub-paragraph (1)(b) includes accepting— |
|
| | |
| | (b) | gifts or loans of other property, |
|
| | | on such terms as DBS considers appropriate. |
|
| | (3) | But DBS may exercise the power conferred by sub-paragraph (1)(b) or (c) only |
|
| | with the approval of the Secretary of State. |
|
| | (4) | Such approval may be given— |
|
| | (a) | with respect to a particular case or with respect to a class of cases, |
|
| | (b) | subject to such conditions as the Secretary of State considers |
|
| | |
|
|
| |
| |
|
| | |
| | 18 | A document purporting to be signed on behalf of DBS is to be received in |
|
| | evidence and, unless the contrary is proved, is to be taken to be so signed. |
|
| | |
| | 19 (1) | The Secretary of State (instead of DBS) may— |
|
| | (a) | appoint the first chief executive, and |
|
| | (b) | decide the terms and conditions of service as an employee of DBS |
|
| | which are applicable to the first chief executive on appointment. |
|
| | (2) | The period of any such appointment must not exceed 5 years (but the person |
|
| | may be re-appointed under paragraph 4). |
|
| | (3) | The person who has the function of chairing DBS may be appointed as chief |
|
| | executive by the Secretary of State under this paragraph .’. |
|
| |
| |
| | |
| Title, line 10, leave out ‘amend the Safeguarding Vulnerable Groups Act 2006; to make |
|
| provision about criminal records’ and insert ‘make provision about the safeguarding of |
|
| vulnerable groups and about criminal records including provision for the establishment of |
|
| the Disclosure and Barring Service and the dissolution of the Independent Safeguarding |
|
| |
| | Bill, as amended, to be reported. |
|
| |
|