Select Committee on Delegated Powers and Deregulation Second Report

Part VI: Protection of Children and Vulnerable Adults


133.  Clause 69 provides the basic definitions relevant to this Part. Providers of prescribed services in NHS and independent health care settings will be required to refer individuals for inclusion in the list and carry out checks before offering employment in those settings and must not offer employment in those settings to anyone included in the list.

134.  There are powers in subsections (2)(b), (6)(c) and (7)(c) and (d) to prescribe the services in the NHS and the independent health sectors. Regulations may provide for example for specific services dealing with older people to be prescribed. The power to make regulations means that additional services can be added over time to extend the protection offered by the scheme without the need for primary legislation.


135.  Clause 76 provides for the Secretary of State to maintain the list of persons who are considered unsuitable to work with vulnerable adults. Initially applications to check names of potential recruits to these services against the list will also be made to the Secretary of State (see clause 77 below). However, when the Criminal Records Bureau is operating it is intended that applications for checks against the list may be made to the Bureau. This will give an opportunity for simultaneous police checks to be made on the individual. To achieve this requires amendments to the Police Act 1977.

136.  Subsection (1) would insert powers into the Police Act 1997 in the form of a new section 113(3C)(b) to prescribe further details of the vulnerable adults listing to appear on the criminal record certificate and in a new section 113(3D)(b) to prescribe additional descriptions of posts for which a certificate or enhanced criminal record certificate showing details of the listing is to be issued.

137.  Subsection (2) would insert further powers into the Police Act 1997, a new section 115(6B)(b) to prescribe further details of the vulnerable adults listing to appear on an enhanced criminal record certificate.


138.  Clause 77 provides for enquiries as to whether a relevant individual is included in the list to be made to the Secretary of State and responded to by him. Subsection (2) defines 'relevant individual'. In subsection (2)(c) there is a power to prescribe additional categories of persons as relevant individuals about whom a check can be made.


139.  Clause 83 would insert new substitute provisions into the Police Act 1997 which include a power to prescribe details to appear on criminal record certificates and enhanced criminal record certificates. The provisions amend and reorder sections of that Act which contain powers already enacted by Parliament and conferred on Ministers. The powers are modified to extend the disclosure of information to disclosure about people who are disqualified from being proprietors or employees in independent schools.

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