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Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

37

 

      (2)  

A person’s conduct endangers a vulnerable adult if he—

(a)   

harms a vulnerable adult,

(b)   

causes a vulnerable adult to be harmed,

(c)   

puts a vulnerable adult at risk of harm,

(d)   

attempts to harm a vulnerable adult, or

5

(e)   

incites another to harm a vulnerable adult.

      (3)  

A person does not engage in relevant conduct merely by committing an

offence prescribed for the purposes of this sub-paragraph.

      (4)  

For the purposes of sub-paragraph (1)(c) and (d), IBB must have regard to

guidance issued by the Secretary of State as to conduct which is

10

inappropriate.

Risk of harm

10    (1)  

This paragraph applies to a person if—

(a)   

it appears to IBB that the person falls within sub-paragraph (4), and

(b)   

IBB proposes to include him in the adults’ barred list.

15

      (2)  

IBB must give the person the opportunity to make representations as to why

he should not be included in the adults’ barred list.

      (3)  

If it appears to IBB that it is appropriate to do so, it must include the person

in the adults’ barred list.

      (4)  

A person falls within this sub-paragraph if he may—

20

(a)   

harm a vulnerable adult,

(b)   

cause a vulnerable adult to be harmed,

(c)   

put a vulnerable adult at risk of harm,

(d)   

attempt to harm a vulnerable adult, or

(e)   

incite another to harm a vulnerable adult.

25

Part 3

Supplementary

Procedure

11    (1)  

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

procedure to be followed for the purposes of any decision IBB is required or

30

authorised to take under this Schedule.

      (2)  

Such provision may include provision as to the time within which anything

is to be done.

Representations

12    (1)  

A person who is, by virtue of any provision of this Schedule, given an

35

opportunity to make representations must have the opportunity to make

representations in relation to all of the information on which IBB intends to

rely in taking a decision under this Schedule.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

38

 

      (2)  

Any requirement of this Schedule to give a person an opportunity to make

representations does not apply if IBB does not know and cannot reasonably

ascertain the whereabouts of the person.

      (3)  

The opportunity to make representations does not include the opportunity

to make representations that findings of fact made by a competent body

5

were wrongly made.

      (4)  

Findings of fact made by a competent body are findings of fact made in

proceedings before one of the following bodies or any of its committees—

(a)   

the General Teaching Council for England;

(b)   

the General Teaching Council for Wales;

10

(c)   

the Council of the Pharmaceutical Society of Great Britain;

(d)   

the General Medical Council;

(e)   

the General Dental Council;

(f)   

the General Optical Council;

(g)   

the General Osteopathic Council;

15

(h)   

the General Chiropractic Council;

(i)   

the Nursing and Midwifery Council;

(j)   

the Health Professions Council;

(k)   

the General Social Care Council;

(l)   

the Care Council for Wales.

20

13    (1)  

This paragraph applies to a person who is included in a barred list (except a

person included in pursuance of paragraph 1 or 6) if, before he was included

in the list, IBB was unable to ascertain his whereabouts.

      (2)  

This paragraph also applies to a such a person if—

(a)   

he did not, before the end of any time prescribed for the purpose,

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make representations as to why he should not be included in the list,

and

(b)   

IBB grants him leave to make such representations out of time.

      (3)  

If a person to whom this paragraph applies makes such representations after

the prescribed time—

30

(a)   

IBB must consider the representations, and

(b)   

if it thinks that it is not appropriate for the person to be included in

the list concerned, it must remove him from the list.

      (4)  

For the purposes of this paragraph, it is immaterial that any representations

mentioned in sub-paragraph (3) relate to a time after the person was

35

included in the list concerned.

Review

14    (1)  

A person who is included in a barred list may apply to IBB for a review of

his inclusion.

      (2)  

An application for a review may be made only with the leave of IBB.

40

      (3)  

A person may apply for leave only if—

(a)   

the application is made after the end of the minimum barred period,

and

(b)   

in the prescribed period ending with the time when he applies for

leave, he has made no other such application.

45

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

39

 

      (4)  

IBB must not grant leave unless it thinks—

(a)   

that the person’s circumstances have changed since he was included

in the list or since he last applied for leave (as the case may be), and

(b)   

that the change is such that leave should be granted.

      (5)  

On a review of a person’s inclusion, if IBB is satisfied that it is no longer

5

appropriate for him to be included in the list it must remove him from it;

otherwise it must dismiss the application.

      (6)  

The minimum barred period is the prescribed period beginning with such of

the following as may be prescribed—

(a)   

the date on which the person was first included in the list;

10

(b)   

the date on which any criterion prescribed for the purposes of

paragraph 1, 2, 6 or 7 is first satisfied;

(c)   

where the person is included in the list on the grounds that he has

been convicted of an offence in respect of which a custodial sentence

(within the meaning of section 76 of the Powers of Criminal Courts

15

(Sentencing) Act 2000 (c. 6)) was imposed, the date of his release;

(d)   

the date on which the person made any representations as to why he

should not be included in the list.

15    (1)  

Sub-paragraph (2) applies if a person is included in the children’s barred

list—

20

(a)   

in pursuance of paragraph 1 or 2 where the only criterion satisfied in

relation to him was that he committed an offence against a child, or

(b)   

in pursuance of paragraph 3 where the relevant conduct consists

only of a conviction for such an offence.

      (2)  

IBB must remove a person from the list if it is subsequently satisfied that the

25

court, having considered whether to make a disqualification order, decided

not to.

      (3)  

In this paragraph—

(a)   

the reference to an offence committed against a child must be

construed in accordance with Part 2 of the Criminal Justice and Court

30

Services Act 2000 (c. 43);

(b)   

a disqualification order is an order under section 28, 29 or 29A of that

Act.

Information

16    (1)  

IBB may require—

35

(a)   

any person who holds records of convictions or cautions for the use

of police forces generally to provide to it any relevant information

relating to a person to whom any of paragraphs 1 to 5 or 6 to 10 above

apply;

(b)   

the chief officer of a relevant police force to provide to it any such

40

relevant information;

(c)   

any person who holds information prescribed for the purposes of

section 21(5)(c) to provide to it any such information relating to a

person to whom any of paragraphs 1 to 5 or 6 to 10 above apply.

      (2)  

For the purposes of sub-paragraph (1)(a), relevant information relating to a

45

person is information which the person holding the records thinks might be

relevant in relation to the regulated activity concerned.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary

40

 

      (3)  

For the purposes of sub-paragraph (1)(b), relevant information relating to a

person is information which the Secretary of State could require the chief

officer to provide in relation to the person if the person had made an

application for the purposes of section 113B of the Police Act 1997 (c. 50)

(enhanced criminal record certificate).

5

      (4)  

In this paragraph—

“caution” has the same meaning as in section 126 of the Police Act 1997;

“relevant police force” must be construed in accordance with

subsection (9) of section 113B of that Act as if the person had made

an application for the purposes of that section.

10

17         

The Secretary of State may provide to IBB any information relating to a

person which is held by him in connection with his functions under—

(a)   

the Protection of Children Act 1999 (c. 14), except section 9 (the

Tribunal);

(b)   

Part 7 of the Care Standards Act 2000 (c. 14);

15

(c)   

sections 142 to 144 of the Education Act 2002 (c. 32);

(d)   

this Act (except information he holds relating to an offence

prescribed for the purposes of paragraph 4(3) or 9(3) of this

Schedule).

18         

IBB must provide the Secretary of State with the prescribed information

20

relating to a person if—

(a)   

it includes that person in a barred list;

(b)   

it is considering whether to include him in a barred list.

Prescribed criteria

19    (1)  

The criteria which may be prescribed for the purposes of paragraphs 1, 2, 6

25

and 7 include—

(a)   

that a person has been convicted of, or cautioned in relation to, an

offence of a specified description;

(b)   

that an order of a specified description requiring the person to do or

not to do anything has been made against him.

30

      (2)  

Provision may be made for the criteria to apply differently in different

circumstances.

      (3)  

The power to specify offences for the purposes of sub-paragraph (1) includes

power to specify offences under—

(a)   

the law of Scotland, Northern Ireland, the Channel Islands or the Isle

35

of Man;

(b)   

section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

(c)   

section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

(d)   

section 42 of the Naval Discipline Act 1957 (c. 53).

      (4)  

The criteria which may be prescribed for the purposes of paragraph 1 or 2

40

must not consist only of circumstances in which the person has committed

an offence against a child if the court, having considered whether to make a

disqualification order, decided not to.

      (5)  

In sub-paragraph (4)—

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children

41

 

(a)   

the reference to an offence committed against a child must be

construed in accordance with Part 2 of the Criminal Justice and Court

Services Act 2000 (c. 43);

(b)   

a disqualification order is an order under section 28, 29 or 29A of that

Act.

5

Schedule 3

Section 5

 

Regulated Activity

Part 1

Regulated activity relating to children

Regulated activity: general

10

1     (1)  

An activity is a regulated activity relating to children if—

(a)   

it is mentioned in paragraph 2(1), and

(b)   

it is carried out frequently by the same person.

      (2)  

An activity is a regulated activity relating to children if—

(a)   

it is mentioned in paragraph 2(1), and

15

(b)   

it is carried out in an establishment mentioned in paragraph 3(1).

      (3)  

An activity is a regulated activity relating to children if—

(a)   

it is carried out frequently by the same person,

(b)   

it is carried out in an establishment mentioned in paragraph 3(1), and

(c)   

it gives that person the opportunity, in consequence of anything he

20

is permitted or required to do in connection with the activity, to have

contact with children.

      (4)  

The exercise of a function of a person mentioned in paragraph 4(1) is a

regulated activity relating to children.

      (5)  

The exercise of a function of any of the following so far as it relates to the

25

inspection of an establishment mentioned in paragraph 3(1) is a regulated

activity relating to children—

(a)   

HM Chief Inspector of Schools in England;

(b)   

HM Chief Inspector of Education and Training in Wales;

(c)   

a body approved in pursuance of section 163(1)(b) of the Education

30

Act 2002 (c. 32) to inspect a registered independent school;

(d)   

HM Chief Inspector of Prisons;

(e)   

the Commission for Social Care Inspection;

(f)   

the Commission for Healthcare Audit and Inspection;

(g)   

the National Assembly for Wales.

35

      (6)  

Any activity which consists in or involves on a regular basis the day to day

management or supervision of a person carrying out an activity mentioned

in sub-paragraph (1), (2), (3) or (5) is a regulated activity relating to children.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children

42

 

Activities

2     (1)  

The activities referred to in paragraph 1(1) and (2) are—

(a)   

any form of teaching, training or instruction of children, unless the

teaching, training or instruction is merely part of or incidental to

teaching, training or instruction of persons who are not children;

5

(b)   

any form of care for or supervision of children, unless the care or

supervision is merely part of or incidental to care for or supervision

of persons who are not children;

(c)   

any form of advice or guidance provided wholly or mainly for

children, if the advice or guidance relates to their physical, emotional

10

or educational well-being;

(d)   

any form of treatment or therapy provided for a child;

(e)   

moderating a public interactive communication service which is

likely to be used wholly or mainly by children.

      (2)  

Sub-paragraph (1)(a), (b), (c) and (d) do not include—

15

(a)   

teaching, training or instruction provided to a child in the course of

his employment;

(b)   

care for or supervision of a child in the course of his employment;

(c)   

advice or guidance provided for a child in the course of his

employment;

20

(d)   

treatment or therapy provided for a child in the course of his

employment.

      (3)  

Sub-paragraph (2) does not apply if—

(a)   

the child has not attained the age of 16, and

(b)   

the activity is carried out by a person in respect of whom

25

arrangements are made principally for that purpose.

      (4)  

For the purposes of sub-paragraph (1)(e) a person moderates a public

electronic interactive communication service if, for the purpose of protecting

children, he has any function relating to—

(a)   

monitoring the content of matter which forms any part of the service,

30

(b)   

removing matter from, or preventing the addition of matter to, the

service, or

(c)   

controlling access to, or use of, the service.

Establishments

3     (1)  

The establishments referred to in paragraph 1(2), (3) and (5) are—

35

(a)   

an educational institution which is exclusively or mainly for the

provision of full-time education to children;

(b)   

a hospital which is exclusively or mainly for the reception and

treatment of children;

(c)   

an institution which is exclusively or mainly for the detention of

40

children;

(d)   

a care home (for the purposes of the Care Standards Act 2000 (c. 14))

which is exclusively or mainly for children;

(e)   

a children’s home (within the meaning of section 1 of that Act);

(f)   

a home provided in pursuance of arrangements under section 82(5)

45

of the Children Act 1989 (c. 41);

(g)   

relevant childcare premises.

 

 

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children

43

 

      (2)  

Relevant childcare premises are any part of premises on which a person

carries on—

(a)   

any form of childcare (within the meaning of section 18 of the

Childcare Act 2006) in respect of which he must be registered under

that Act;

5

(b)   

any form of such childcare in respect of which he may be registered

under that Act, whether or not he is so registered;

(c)   

any form of childminding or day care (within the meaning of section

79A of the Children Act 1989 (c. 41)) in respect of which he must be

registered under that Act.

10

Positions

4     (1)  

The persons referred to paragraph 1(4) are—

(a)   

member of the governing body of an educational establishment

mentioned in section 8(4);

(b)   

member of a relevant local government body;

15

(c)   

director of children’s services of a local authority in England;

(d)   

director of adult social services of a local authority in England;

(e)   

director of social services of a local authority in Wales;

(f)   

chief education officer of a local authority in Wales;

(g)   

charity trustee of a children’s charity;

20

(h)   

member of the Youth Justice Board for England and Wales;

(i)   

Children’s Commissioner or deputy Children’s Commissioner

appointed under Part 1 of the Children Act 2004 (c. 31);

(j)   

Children’s Commissioner for Wales or deputy Children’s

Commissioner for Wales;

25

(k)   

operator of a database established in pursuance of section 12(1)(a) or

(b) or 29(1)(a) or (b) of the Children Act 2004;

(l)   

member of a Local Safeguarding Children Board established under

section 13 or 31 of that Act;

(m)   

member or chief executive of the Children and Family Court

30

Advisory and Support Service;

(n)   

member or chief executive of IBB.

      (2)  

For the purposes of sub-paragraph (1)(b), a person is a member of a relevant

local government body if—

(a)   

he is a member of a local authority and discharges any education

35

functions, or social services functions, of a local authority;

(b)   

he is a member of an executive of a local authority which discharges

any such functions;

(c)   

he is a member of a committee of an executive of a local authority

which discharges any such functions;

40

(d)   

he is a member of an area committee, or any other committee, of a

local authority which discharges any such functions.

      (3)  

Any reference in sub-paragraph (2) to a committee includes a reference to

any sub-committee which discharges any functions of that committee.

      (4)  

A charity is a children’s charity if the individuals who are workers for the

45

charity normally include individuals engaging in regulated activity relating

to children.

 

 

 
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