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Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]

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Relevant register

Keeper of the register

 
 

The register of teachers maintained

The General Teaching Council

 
 

under section 3 of the Teaching and

for England or the General

 
 

Higher Education Act 1998 (c. 30)

Teaching Council for Wales, as

 
  

the case may be

 

5

 

The register of pharmaceutical chemists

The registrar appointed under

 
 

maintained under section 2 of the

section 1 of that Act

 
 

Pharmacy Act 1954 (c. 61)

  
 

Either of the lists of medical

The registrar of the General

 
 

practitioners kept under section 2 of the

Medical Council

 

10

 

Medical Act 1983 (c. 54)

  
 

The dentists register kept under section

The registrar appointed under

 
 

14 of the Dentists Act 1984 (c. 24) or the

section 14 of that Act

 
 

dental care professionals register kept

  
 

under section 36B of that Act

  

15

 

The register of optometrists or the

The registrar of the General

 
 

register of dispensing opticians

Optical Council

 
 

maintained under section 7 of the

  
 

Opticians Act 1989 (c. 44), or the

  
 

register of persons undertaking training

  

20

 

as optometrists or the register of

  
 

persons undertaking training as

  
 

dispensing opticians maintained under

  
 

section 8A of that Act

  
 

The register of osteopaths maintained

The Registrar of Osteopaths

 

25

 

under section 2 of the Osteopaths Act

  
 

1993 (c. 21)

  
 

The register of chiropractors

The Registrar of Chiropractors

 
 

maintained under section 2 of the

  
 

Chiropractors Act 1994 (c. 17)

  

30

 

The register of social workers and social

The General Social Care

 
 

care workers maintained under section

Council or the Care Council for

 
 

56 of the Care Standards Act 2000 (c. 14)

Wales, as the case may be

 
 

The register of qualified nurses and

The registrar appointed under

 
 

midwives maintained under Article 5

Article 4 of that Order

 

35

 

of the Nursing and Midwifery Order

  
 

2001 (S.I. 2002/253)

  
 

The register of members of relevant

The registrar appointed under

 
 

professions maintained under Article 5

Article 4 of that Order

 
 

of the Health Professions Order 2001

  

40

 

(S.I. 2002/254)

  

(6)   

A person is subject to a relevant disqualification if—

 
 

Safeguarding Vulnerable Groups Bill [HL]

23

 

(a)   

he is included in a list maintained under the law of Scotland or

Northern Ireland which the Secretary of State specifies by order as

corresponding to a barred list;

(b)   

he is subject to a disqualification order under section 28, 29 or 29A of

the Criminal Justice and Court Services Act 2000 (c. 43).

5

(7)   

This section does not affect any power of the Secretary of State by virtue of any

enactment or rule of law to—

(a)   

inform any person about the circumstances mentioned in subsection

(1)(a) or (b);

(b)   

provide any person with the information mentioned in subsection

10

(3)(b).

(8)   

In its application to Scotland, this section does not have effect in relation to a

profession in so far as provision may be made for the regulation of the

profession by an Act of the Scottish Parliament.

35      

Supervisory authorities: duty to refer

15

(1)   

A supervisory authority must provide IBB with any prescribed information it

holds relating to a person if the first and second conditions are satisfied.

(2)   

The first condition is that the supervisory authority thinks, on the basis of

relevant evidence—

(a)   

that paragraph 1, 2, 6 or 7 of Schedule 2 applies to the person,

20

(b)   

that the person has engaged in relevant conduct (within the meaning of

paragraph 4 or 9 of Schedule 2) occurring after the commencement of

this section, or

(c)   

that the harm test is satisfied.

(3)   

The harm test is that the person may—

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(a)   

harm a child or vulnerable adult,

(b)   

cause a child or vulnerable adult to be harmed,

(c)   

put a child or vulnerable adult at risk of harm,

(d)   

attempt to harm a child or vulnerable adult, or

(e)   

incite another to harm a child or vulnerable adult.

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(4)   

The second condition is that the supervisory authority thinks—

(a)   

that the person is engaged or may engage in regulated activity or

controlled activity, and

(b)   

(except in a case where paragraph 1, 2, 6 or 7 of Schedule 2 applies) that

IBB may consider it appropriate for the person to be included in a

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barred list.

(5)   

The supervisory authority may provide IBB with any prescribed information it

holds relating to a person if—

(a)   

it thinks, on the basis of relevant evidence, that the person has engaged

in relevant conduct (within the meaning of paragraph 4 or 9 of

40

Schedule 2) occurring before the commencement of this section, and

(b)   

the condition in subsection (4) is satisfied.

(6)   

A supervisory authority is—

(a)   

a registration authority within the meaning of section 5 of the Care

Standards Act 2000 (c. 14) in respect of its functions under Part 2 of that

45

Act;

 
 

Safeguarding Vulnerable Groups Bill [HL]

24

 

(b)   

the Commission for Healthcare Audit and Inspection in respect of its

functions under Chapter 3 of Part 2 of the Health and Social Care

(Community Health and Standards) Act 2003 (c. 43);

(c)   

the Commission for Social Care Inspection in respect of its functions

under Chapter 5 of Part 2 of that Act;

5

(d)   

the National Assembly for Wales in respect of its functions under

Chapters 4 and 6 of Part 2 of that Act;

(e)   

Her Majesty’s Chief Inspector of Schools in England in the exercise of

his functions.

(7)   

Relevant evidence is evidence obtained by the supervisory authority in the

10

exercise of the functions mentioned in subsection (6).

(8)   

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

person in consequence of—

(a)   

the provision of prescribed information in pursuance of this section;

(b)   

any failure to provide such information.

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36      

Supervisory authorities: duty to provide information on request

(1)   

This section applies if IBB is considering—

(a)   

whether to include in a barred list a person in relation to whom IBB

thinks that a supervisory authority may have prescribed information;

(b)   

whether to remove such a person from a barred list.

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(2)   

IBB may require the supervisory authority to provide it with any prescribed

information it holds relating to the person.

(3)   

The supervisory authority must comply with a requirement under subsection

(2).

(4)   

The references to a supervisory authority must be construed in accordance

25

with section 35(6).

37      

Provision of information to supervisory authorities

(1)   

This section applies if IBB—

(a)   

has reason to believe that a person (A) is engaged in regulated activity

or controlled activity in circumstances other than where he is permitted

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to do so by a regulated activity provider or a person having

responsibility for the management or control of controlled activity (as

the case may be), and

(b)   

has information relating to A which is relevant to a supervisory

authority.

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(2)   

IBB must provide the supervisory authority with the information.

(3)   

Information is relevant to a supervisory authority if—

(a)   

it is relevant to the functions of the authority mentioned in section

35(6), and

(b)   

it relates to the protection of children or vulnerable adults.

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(4)   

References to a supervisory authority must be construed in accordance with

section 35(6).

 
 

Safeguarding Vulnerable Groups Bill [HL]

25

 

Miscellaneous

38      

Power to require certain information to be obtained

The Secretary of State may provide that in prescribed circumstances such of the

following provisions of this Act as are prescribed do not apply—

(a)   

section 11(9)(b);

5

(b)   

section 13(3)(b).

39      

National Assembly for Wales

No act or omission by the National Assembly for Wales or any member, officer

or employee of the Assembly gives rise to—

(a)   

liability for any offence under this Act;

10

(b)   

any civil liability arising in consequence of this Act.

40      

Northern Ireland

An Order in Council under paragraph 1(1) of the Schedule to the Northern

Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of

devolved government) which contains a statement that it is made only for

15

purposes corresponding to those of this Act—

(a)   

is not subject to paragraph 2 of that Schedule (affirmative resolution of

both Houses of Parliament), but

(b)   

is subject to annulment in pursuance of a resolution of either House of

Parliament.

20

General

41      

Damages

Nothing in this Act affects section 8 of the Human Rights Act 1998 (c. 42) as it

relates to the power of a court to award damages in respect of an unlawful act

of a public authority (within the meaning of that Act).

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42      

Family and personal relationships

(1)   

This Act does not apply to any activity which is carried out in the course of a

family relationship.

(2)   

This Act does not apply to any activity which is carried out—

(a)   

in the course of a personal relationship, and

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(b)   

for no commercial consideration.

(3)   

A family relationship includes a relationship between two persons who—

(a)   

live in the same household, and

(b)   

treat each other as though they were members of the same family.

(4)   

A personal relationship is a relationship between or among friends.

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(5)   

A friend of a person (A) includes a person who is a friend of a member of A’s

family.

 
 

 
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Revised 1 March 2006