Safeguarding Vulnerable Groups Bill [HL]

House of Lords

Session 2005 - 06
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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.
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HL Bill 79 54/1

Safeguarding Vulnerable Groups Bill [HL]
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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.

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(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.
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(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.
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(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.
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(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—
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(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]
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(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.
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(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.
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(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.

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(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.
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(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.

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(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.
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(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
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(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