Safeguarding Vulnerable Groups Bill [HL]

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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]
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(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.
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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,
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(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
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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]
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(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;
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(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
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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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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).
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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]
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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).
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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.
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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.
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General
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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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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.