House of Lords portcullis
House of Lords
Session 2005 - 06
Internet Publications
Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]

1

 

A

Bill

To

Make provision in connection with the protection of children and vulnerable

adults. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Barring

1       

Independent Barring Board

(1)   

There shall be a body corporate to be known as the Independent Barring Board

(“IBB”).

(2)   

Schedule 1 makes provision relating to IBB.

5

2       

Barred lists

(1)   

IBB must establish and maintain—

(a)   

the children’s barred list;

(b)   

the adults’ barred list.

(2)   

Part 1 of Schedule 2 applies for the purpose of determining whether an

10

individual is included in the children’s barred list.

(3)   

Part 2 of that Schedule applies for the purpose of determining whether an

individual is included in the adults’ barred list.

(4)   

Part 3 of that Schedule contains supplementary provision.

(5)   

In respect of an individual who is included in a barred list, IBB must keep other

15

information of such description as is prescribed.

(6)   

No claim for damages shall lie in respect of any loss or damage suffered by any

person in consequence of—

(a)   

the fact that an individual is included in a barred list;

(b)   

the fact that an individual is not included in a barred list.

20

 
HL Bill 7954/1
 
 

Safeguarding Vulnerable Groups Bill [HL]

2

 

3       

Barred persons

(1)   

A reference to a person being barred from regulated activity must be construed

in accordance with this section.

(2)   

A person is barred from regulated activity relating to children if he is—

(a)   

included in the children’s barred list;

5

(b)   

included in a list maintained under the law of Scotland or Northern

Ireland which the Secretary of State specifies by order as corresponding

to the children’s barred list.

(3)   

A person is barred from regulated activity relating to vulnerable adults if he

is—

10

(a)   

included in the adults’ barred list;

(b)   

included in a list maintained under the law of Scotland or Northern

Ireland which the Secretary of State specifies by order as corresponding

to the adults’ barred list.

4       

Appeals

15

(1)   

An individual who is included in a barred list may appeal on a point of law to

the Tribunal against—

(a)   

a decision under paragraph 2 or 7 of Schedule 2 not to remove him from

the list;

(b)   

a decision under paragraph 3, 5, 8 or 10 of that Schedule to include him

20

in the list;

(c)   

a decision under paragraph 13, 14 or 15 of that Schedule not to remove

him from the list.

(2)   

For the purposes of subsection (1)(a), if IBB fails to decide whether to remove

a person from the list within the prescribed period beginning with the date on

25

which he makes representations in accordance with paragraph 2 or 7 of

Schedule 2 (as the case may be), IBB must be treated as if it had made a decision

not to remove him.

(3)   

An appeal under subsection (1) may be made only with the leave of the

Tribunal.

30

(4)   

On an appeal the Tribunal may—

(a)   

confirm the decision of IBB;

(b)   

remit the matter to IBB for a new decision;

(c)   

direct IBB to remove the person from the list.

(5)   

If the Tribunal remits a matter to IBB under subsection (4)(b) the person must

35

be removed from the list until IBB makes its new decision, unless the Tribunal

directs otherwise.

(6)   

The Secretary of State may by regulations make provision as to the procedure

of the Tribunal (including provision as to the award of costs by the Tribunal).

(7)   

A person may appeal on a point of law to the Court of Appeal against a

40

decision of the Tribunal.

(8)   

An appeal under subsection (7) may be made only with the leave of the Court

of Appeal.

 
 

Safeguarding Vulnerable Groups Bill [HL]

3

 

(9)   

In this section “the Tribunal” means the Tribunal established under section 9 of

the Protection of Children Act 1999 (c. 14).

Regulated activity

5       

Regulated activity

(1)   

A reference to regulated activity relating to children must be construed in

5

accordance with Part 1 of Schedule 3.

(2)   

A reference to regulated activity relating to vulnerable adults must be

construed in accordance with Part 2 of that Schedule.

(3)   

The Secretary of State may by order amend that Schedule so as to vary the

meaning of—

10

(a)   

regulated activity relating to children;

(b)   

regulated activity relating to vulnerable adults.

Regulated activity providers

6       

Regulated activity providers

(1)   

A reference to a regulated activity provider must be construed in accordance

15

with this section.

(2)   

A person (P) is a regulated activity provider if—

(a)   

he has responsibility for the management or control of regulated

activity, and

(b)   

he makes arrangements (whether in connection with a contract of

20

service or for services or otherwise) for another person to engage in that

activity.

(3)   

P is not a regulated activity provider if he is an individual and the

arrangements he makes are private arrangements.

(4)   

Arrangements are private arrangements if the regulated activity is for, or for

25

the benefit of, P himself.

(5)   

Arrangements are private arrangements if the regulated activity is for, or for

the benefit of, a child or vulnerable adult who is—

(a)   

a member of P’s family;

(b)   

a friend of P.

30

(6)   

A person does not make arrangements for another to engage in a regulated

activity merely because he (alone or together with others) appoints that person

to a position mentioned in paragraph 4(1)(a), (b), (g), (h), (i), (j), (m) or (n) of

Schedule 3.

(7)   

If a regulated activity provider is an unincorporated association any

35

requirement of or liability (including criminal liability) under this Act must be

taken to be a requirement on or liability of—

(a)   

the person responsible for the management and control of the

association, or

(b)   

if there is more than one such person, all of them jointly and severally.

40

 
 

Safeguarding Vulnerable Groups Bill [HL]

4

 

(8)   

“Family” and “friend” must be construed in accordance with section 42.

Restrictions on participating in regulated activity

7       

Barred person not to engage in regulated activity

(1)   

An individual commits an offence if he—

(a)   

seeks to engage in regulated activity from which he is barred;

5

(b)   

offers to engage in regulated activity from which he is barred;

(c)   

engages in regulated activity from which he is barred.

(2)   

A person guilty of an offence under subsection (1) is liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

five years, or to a fine, or to both;

10

(b)   

on summary conviction, to imprisonment for a term not exceeding 12

months, or to a fine, or to both.

(3)   

It is a defence for a person charged with an offence under subsection (1) to

prove that he did not know, and could not reasonably be expected to know,

that he was barred from that activity.

15

8       

Person not to engage in regulated activity unless subject to monitoring

(1)   

An individual commits an offence if—

(a)   

he engages in regulated activity with the permission of a regulated

activity provider, and

(b)   

he is not subject to monitoring in relation to that activity.

20

(2)   

An individual commits an offence if—

(a)   

he acts as a member of the governing body of an educational

establishment mentioned in subsection (4), and

(b)   

he is not subject to monitoring in relation to regulated activity relating

to children.

25

(3)   

A person guilty of an offence under subsection (1) or (2) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(4)   

The establishments are—

(a)   

an educational institution which is exclusively or mainly for the

provision of full-time education to children;

30

(b)   

a maintained nursery school (within the meaning of section 39 of the

Education Act 2002 (c. 32)).

(5)   

A person does not commit an offence under subsection (1) if, in relation to any

continuous period for which he is permitted to engage in the activity—

(a)   

the permission is first given before the commencement of this section,

35

and

(b)   

it continues to have effect after such commencement.

(6)   

Subsection (5) does not apply in respect of permission which continues to have

effect after such date as the Secretary of State specifies by order.

(7)   

A person does not commit an offence under subsection (1) if—

40

(a)   

the activity is a regulated activity relating to children by virtue of

paragraph 1(2) of Schedule 3, and

 
 

Safeguarding Vulnerable Groups Bill [HL]

5

 

(b)   

he is permitted to engage in regulated activity in the establishment

mentioned in that paragraph only on an occasional basis.

(8)   

A person does not commit an offence under subsection (2) if, in relation to any

continuous period for which he acts as a governor—

(a)   

his appointment as a governor first took effect before the

5

commencement of this section, and

(b)   

it continues to have effect after such commencement.

(9)   

Subsection (8) does not apply in respect of an appointment which continues to

have effect after such date as the Secretary of State specifies by order.

9       

Use of barred person for regulated activity

10

(1)   

A regulated activity provider commits an offence if—

(a)   

he permits an individual (B) to engage in regulated activity from which

B is barred, and

(b)   

he knows or has reason to believe that B is barred from that activity.

(2)   

A personnel supplier commits an offence if—

15

(a)   

he supplies an individual (B) to a regulated activity provider,

(b)   

he knows or has reason to believe that the regulated activity provider

will make arrangements for B to engage in regulated activity from

which B is barred, and

(c)   

he knows or has reason to believe that B is barred from that activity.

20

(3)   

An individual commits an offence if—

(a)   

pursuant to private arrangements (within the meaning of section 6(4) or

(5)), he permits B to engage in regulated activity from which B is barred,

and

(b)   

he knows or has reason to believe that B is barred from that activity.

25

(4)   

A person guilty of an offence under this section is liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

five years, or to a fine, or to both;

(b)   

on summary conviction, to imprisonment for a term not exceeding 12

months, or to a fine, or to both.

30

10      

Use of person not subject to monitoring for regulated activity

(1)   

A regulated activity provider commits an offence if—

(a)   

he permits an individual (B) to engage in regulated activity in relation

to which B is not subject to monitoring, and

(b)   

he knows or has reason to believe that B is not subject to monitoring in

35

relation to that activity.

(2)   

A personnel supplier commits an offence if—

(a)   

he supplies an individual (B) to a regulated activity provider,

(b)   

he knows or has reason to believe that the regulated activity provider

will make arrangements for B to engage in regulated activity in relation

40

to which B is not subject to monitoring, and

(c)   

he knows or has reason to believe that B is not subject to monitoring in

relation that activity.

 
 

Safeguarding Vulnerable Groups Bill [HL]

6

 

(3)   

A person guilty of an offence under subsection (1) or (2) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(4)   

A person does not commit an offence under subsection (1) if—

(a)   

the activity is a regulated activity relating to children by virtue of

paragraph 1(2) of Schedule 3, and

5

(b)   

B is permitted to engage in regulated activity in the establishment

mentioned in that paragraph only on an occasional basis.

(5)   

A person does not commit an offence under subsection (1) if, in relation to any

continuous period for which B is permitted to engage in the regulated

activity—

10

(a)   

the permission is first given before the commencement of this section,

and

(b)   

it continues to have effect after such commencement.

(6)   

Subsection (5) does not apply in respect of permission which continues to have

effect after such date as the Secretary of State specifies by order.

15

11      

Regulated activity provider: failure to check

(1)   

A regulated activity provider commits an offence if he permits an individual

(B) to engage in regulated activity without making an appropriate check.

(2)   

A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

20

(3)   

A regulated activity provider makes an appropriate check if he obtains

relevant information (within the meaning of Schedule 4) relating to B.

(4)   

A person does not commit an offence under subsection (1) if he falls within

section 14 or 15.

(5)   

A person does not commit an offence under subsection (1) if—

25

(a)   

the activity is regulated activity relating to children by virtue of

paragraph 1(2) of Schedule 3, and

(b)   

B is permitted to engage in regulated activity in the establishment

mentioned in that paragraph only on an occasional basis.

(6)   

A person does not commit an offence under subsection (1) if, before the

30

permission takes effect, he obtains written confirmation from another

regulated activity provider (C) who also permits B to engage in the regulated

activity—

(a)   

that C has made an appropriate check, and

(b)   

that C has no reason to believe that B either has become barred from the

35

activity or is no longer subject to monitoring in relation to it.

(7)   

A person does not commit an offence under subsection (1) if, in relation to any

continuous period for which B is permitted to engage in the regulated

activity—

(a)   

the permission is first given before the commencement of this section,

40

and

(b)   

it continues to have effect after such commencement.

(8)   

Subsection (7) does not apply in respect of permission which continues to have

effect after such date as the Secretary of State specifies by order.

 
 

Safeguarding Vulnerable Groups Bill [HL]

7

 

(9)   

For the purposes of subsection (3) and (6)(a) a regulated activity provider

obtains the relevant information only if—

(a)   

he obtains it as part of an enhanced criminal record certificate relating

to the individual issued in relation to him under section 113B of the

Police Act 1997 (c. 50) during the prescribed period, or

5

(b)   

in that period he obtains the information by making an application

under Schedule 4.

(10)   

For the purposes of subsection (9)(a) an enhanced criminal record certificate is

issued in relation to a regulated activity provider only if—

(a)   

he countersigned the application for the certificate as a registered

10

person for the purposes of Part 5 of the Police Act 1997, or

(b)   

the application was countersigned on his behalf by such a registered

person.

12      

Educational establishments: check on members of governing body

(1)   

The appropriate officer commits an offence if he fails in the prescribed period

15

to obtain relevant information (within the meaning of Schedule 4) relating to

any person (B) who is appointed to the governing body of an educational

establishment mentioned in section 8(4).

(2)   

A person guilty of an offence under subsection (1) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

20

(3)   

A person does not commit an offence under subsection (1) if, in relation to any

continuous period for which B is a member of the governing body of the

establishment—

(a)   

the appointment first took effect before the commencement of this

section, and

25

(b)   

it continues to have effect after such commencement.

(4)   

Subsection (3) does not apply in respect of an appointment which continues to

have effect after such date as the Secretary of State specifies by order.

(5)   

An appropriate officer is such person as is prescribed.

13      

Personnel suppliers and regulated activity

30

(1)   

A regulated activity provider (A) does not commit an offence under section 11

if—

(a)   

he permits an individual (B) to engage in regulated activity without

making an appropriate check (within the meaning of that section),

(b)   

B is supplied to A by a personnel supplier,

35

(c)   

the permission does not have continuous effect for a period exceeding

the prescribed period, and

(d)   

the condition in subsection (2) is satisfied.

(2)   

The condition is that, in the prescribed period, A obtains written confirmation

from the personnel supplier—

40

(a)   

that the personnel supplier has ascertained in accordance with

subsection (3) that B is not barred from the activity and is subject to

monitoring in relation to the activity, and

 
 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2006
Revised 1 March 2006