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Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]

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(b)   

that the personnel supplier has no reason to believe that B either has

become barred from the activity or is no longer subject to monitoring in

relation to it.

(3)   

A personnel supplier ascertains in accordance with this subsection that B is not

barred and is subject to monitoring only if—

5

(a)   

he obtains the relevant information (within the meaning of Schedule 4)

relating to B as part of an enhanced criminal record certificate relating

to B issued in relation to the personnel supplier under section 113B of

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

(b)   

in that period he obtains the information by making an application

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under Schedule 4.

(4)   

For the purposes of subsection (3)(a) an enhanced criminal record certificate is

issued in relation to a personnel supplier only if—

(a)   

he countersigned the application for the certificate as a registered

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

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(b)   

the application was countersigned on his behalf by such a registered

person.

(5)   

A personnel supplier commits an offence if—

(a)   

he provides the written confirmation mentioned in subsection (2), and

(b)   

the condition in subsection (6) or (7) is satisfied in relation to him.

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(6)   

The condition is that the personnel supplier has not ascertained in accordance

with subsection (3) that B is not barred and is subject to monitoring.

(7)   

The condition is that—

(a)   

the personnel supplier has ascertained these matters in accordance

with subsection (3), and

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(b)   

before he gives the written confirmation he has reason to believe that B

has become barred or is no longer subject to monitoring.

(8)   

A person guilty of an offence under subsection (5) is liable on summary

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

14      

Exception to requirement to make monitoring check

30

(1)   

A regulated activity provider in relation to vulnerable adults falls within this

section if—

(a)   

he provides complementary or alternative therapy;

(b)   

he is responsible for the control or management of a prison;

(c)   

he is responsible for the control or management of the provision of a

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probation service;

(d)   

it is an organisation which provides recreational, social, sporting or

educational activities;

(e)   

he provides wholly or mainly to vulnerable adults a course of

education or instruction which is of a prescribed description;

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(f)   

he is responsible for the control or management of the provision of

housing (including sheltered housing);

(g)   

he provides qualifying welfare services;

(h)   

he makes arrangements for the appointment of a person or the

provision of a service as mentioned in section 43(1)(h) or (8).

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Safeguarding Vulnerable Groups Bill [HL]

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(2)   

A regulated activity provider which is a local authority does not fall within this

section by virtue of paragraph (d) or (f) of subsection (1) if the authority makes

the provision in pursuance of any enactment.

(3)   

A person provides qualifying welfare services if—

(a)   

he provides welfare services,

5

(b)   

a local authority contribute or will contribute to the expenditure

incurred by him in providing those services, and

(c)   

that contribution is or will be derived (in whole or in part) from any

grant which is or will be paid to the authority under a relevant

enactment.

10

(4)   

A relevant enactment is an enactment specified by the Secretary of State by

order which authorises payment of grant towards expenditure incurred by the

recipient—

(a)   

in providing, or contributing to the provision of, welfare services, or

(b)   

in connection with such welfare services.

15

(5)   

In subsection (3) a local authority is—

(a)   

in relation to England, a county council, a district council, a London

borough council, the Common Council of the City of London or the

Council of the Isles of Scilly;

(b)   

in relation to Wales, a county council or a county borough council.

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(6)   

In this section “welfare services”—

(a)   

includes services which provide support, assistance, advice or

counselling to individuals with particular needs;

(b)   

does not include community care services within the meaning of

section 46 of the National Health Service and Community Care Act

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1990 (c. 19).

(7)   

The Secretary of State may by order amend subsection (1) by inserting a

paragraph or amending or omitting a paragraph for the time being contained

in the subsection.

15      

NHS employment

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(1)   

A regulated activity provider falls within this section if—

(a)   

he permits a person (E) to engage in regulated activity in pursuance of

arrangements made by another person,

(b)   

immediately before the permission takes effect E is engaged in relevant

NHS employment,

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(c)   

for the duration of the permission E continues to be engaged in that

relevant NHS employment, and

(d)   

the regulated activity is also relevant NHS employment.

(2)   

Relevant NHS employment is employment with an NHS body in—

(a)   

a child care position (within the meaning of the Protection of Children

40

Act 1999 (c. 14));

(b)   

a care position (within the meaning of section 80 of the Care Standards

Act 2000 (c. 14)).

(3)   

Each of the following is an NHS body—

(a)   

a National Health Service trust;

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Safeguarding Vulnerable Groups Bill [HL]

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(b)   

a Strategic Health Authority;

(c)   

an NHS foundation trust;

(d)   

a Health Authority;

(e)   

a Local Health Board;

(f)   

a Special Health Authority;

5

(g)   

a Primary Care Trust.

16      

Offences: companies etc.

(1)   

If an offence under section 9, 10 or 11 is committed by a body corporate and is

proved to have been committed with the consent or connivance of, or to be

attributable to neglect on the part of—

10

(a)   

a director, manager, secretary or other similar officer of the body, or

(b)   

a person purporting to act in such a capacity,

   

he (as well as the body) commits the offence.

(2)   

If an offence under section 9, 10 or 11 is committed by a partnership (whether

or not a limited partnership) and is proved to have been committed with the

15

consent or connivance of, or to be attributable to neglect on the part of—

(a)   

a partner, or

(b)   

a person purporting to act as a partner,

   

he (as well as the partnership) commits the offence.

(3)   

In subsection (1), “director”, in relation to a body corporate whose affairs are

20

managed by its members, means a member of the body.

17      

Offences: employees

(1)   

If the commission of an offence under section 9, 10 or 11 is due to the act or

default of an employee of a regulated activity provider or personnel supplier,

the employee is guilty of the offence; and the employee may be proceeded

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against and punished whether or not proceedings are also taken against his

employer.

(2)   

For the purposes of subsection (1), an employee includes a person who acts in

an unpaid capacity under the direction of the officers of an unincorporated

body.

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Controlled activity

18      

Controlled activity relating to children

(1)   

A reference to a controlled activity relating to children must be construed in

accordance with this section.

(2)   

An activity which falls within any of subsections (3) to (5) is a controlled

35

activity to the extent that it is not a regulated activity relating to children.

(3)   

An activity falls within this subsection if—

(a)   

it consists in or is carried out in connection with any form of health care,

treatment or therapy to which subsection (6) applies,

(b)   

it is carried out frequently by the same person, and

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(c)   

it gives the person an opportunity mentioned in subsection (7).

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(4)   

An activity falls within this subsection if—

(a)   

it is carried out in a further education institution (within the meaning

of section 140(3) of the Education Act 2002 (c. 32)),

(b)   

it is carried out frequently by the same person, and

(c)   

it gives the person the opportunity mentioned in subsection (7)(a).

5

(5)   

An activity falls within this subsection if it consists in or involves on a regular

basis the day to day management or supervision of a person carrying out an

activity which falls within subsection (3) or (4).

(6)   

This subsection applies to health care, treatment or therapy which is provided

for a child—

10

(a)   

in pursuance of arrangements made by or under an enactment,

(b)   

in an establishment in relation to which a requirement to register arises

under section 11 of the Care Standards Act 2000 (c. 14), or

(c)   

by an agency in relation to which such a requirement arises.

(7)   

The opportunities are—

15

(a)   

opportunity to have any form of contact with children;

(b)   

opportunity to have access to the medical records of children.

19      

Controlled activity relating to vulnerable adults

(1)   

A reference to a controlled activity relating to vulnerable adults must be

construed in accordance with this section.

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(2)   

An activity which is ancillary to or is carried out wholly or mainly in relation

to an activity which falls within subsection (4) is a controlled activity to the

extent that it is not a regulated activity relating to vulnerable adults if—

(a)   

it is carried out frequently by the same person, and

(b)   

it gives the person an opportunity mentioned in subsection (5).

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(3)   

An 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

subsection (2) is also a controlled activity relating to vulnerable adults.

(4)   

Each of the following falls within this section—

(a)   

the provision of primary care services;

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(b)   

the provision of hospital services;

(c)   

the provision of domiciliary care;

(d)   

the making of arrangements in connection with an adult placement

scheme;

(e)   

the provision of community care services.

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(5)   

The opportunities are—

(a)   

opportunity to have any form of contact with a vulnerable adult;

(b)   

opportunity to have access to the medical records of a vulnerable adult;

(c)   

opportunity to have access to such other information as may be

prescribed relating to a vulnerable adult.

40

(6)   

In this section—

“adult placement scheme” means a scheme—

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(a)   

under which an individual agrees with the person carrying on

the scheme to provide care or support (which may include

accommodation) to an adult who is in need of it, and

(b)   

in respect of which a requirement to register arises under

section 11 of the Care Standards Act 2000 (c. 14);

5

“community care services” has the same meaning as in section 46(3) of the

National Health Service and Community Care Act 1990 (c. 19);

“domiciliary care” must be construed in accordance with section 43(3) and

(4);

“hospital services” means in-patient or out-patient services provided by—

10

(a)   

a National Health Service trust;

(b)   

an NHS foundation trust;

(c)   

a Primary Care Trust;

(d)   

an independent hospital (within the meaning of section 2 of the

Care Standards Act 2000);

15

(e)   

an independent clinic (within the meaning of that section);

(f)   

an independent medical agency (within the meaning of that

section);

“primary care services” means any of the following—

(a)   

primary medical services provided in pursuance of section

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16CC of the National Health Service Act 1977 (c. 49);

(b)   

primary dental services provided in pursuance of section 16CA

or 28K of that Act;

(c)   

personal dental services provided in accordance with an

agreement made in pursuance of section 28C of that Act;

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(d)   

general ophthalmic services provided in accordance with

section 38 of that Act;

(e)   

pharmaceutical services provided in pursuance of

arrangements made under section 3, 41 or 41A of that Act or

under Schedule 8A to that Act or section 28 of the Health and

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Social Care Act 2001 (c. 15);

(f)   

a service which corresponds to a service mentioned in any of

paragraphs (a) to (e) but which is provided otherwise than by

virtue of arrangements made pursuant to an enactment

mentioned in that paragraph.

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20      

Controlled activity: guidance

(1)   

The appropriate authority may issue guidance as to the steps to be taken by a

person who falls within subsection (3) in relation to permitting another person

to engage in controlled activity.

(2)   

A person who falls within subsection (3) must have regard to guidance issued

40

under subsection (1).

(3)   

These are the persons—

(a)   

a Strategic Health Authority;

(b)   

a Health Authority;

(c)   

a Special Health Authority;

45

(d)   

a Primary Care Trust;

(e)   

a Local Health Board;

(f)   

a National Health Service trust;

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(g)   

an NHS foundation trust;

(h)   

a local authority within the meaning of the Local Government Act 1972

(c. 70);

(i)   

a person carrying on or managing an establishment or agency in

relation to which a requirement to register arises under section 11 of the

5

Care Standards Act 2000 (c. 14);

(j)   

a person carrying on or managing an activity in respect of which a

requirement to register arises under that section as modified by

regulations under section 42 of that Act;

(k)   

a further education institution (within the meaning of section 140(3) of

10

the Education Act 2002 (c. 32)).

(4)   

The appropriate authority is—

(a)   

in so far as any function of a person falling within subsection (3) is

exercisable in relation to Wales, the National Assembly for Wales;

(b)   

in any other case, the Secretary of State.

15

Monitoring

21      

Monitoring

(1)   

An individual is subject to monitoring in relation to regulated activity if—

(a)   

he is not barred from engaging in the activity,

(b)   

he makes a monitoring application,

20

(c)   

he satisfies the prescribed identification requirements, and

(d)   

he pays the prescribed fee.

(2)   

A monitoring application must specify whether it is in respect of—

(a)   

regulated activity relating to children, or

(b)   

regulated activity relating to vulnerable adults.

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(3)   

On a monitoring application being made the Secretary of State must—

(a)   

make such enquiries as he thinks appropriate to ascertain whether any

relevant information exists in relation to the individual;

(b)   

provide the individual with any such information (except information

to which subsection (6) applies) unless he thinks that the individual has

30

already been provided with the information.

(4)   

The Secretary of State must also ensure that at such intervals as he thinks

appropriate such enquiries are made as he thinks appropriate to ascertain

whether any new relevant information exists in relation to the individual.

(5)   

Relevant information is—

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(a)   

the prescribed details of relevant matter (within the meaning of section

113A of the Police Act 1997);

(b)   

information which the chief officer of a relevant police force thinks

might be relevant in relation to the regulated activity concerned;

(c)   

such other information as may be prescribed.

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(6)   

This subsection applies to information mentioned in subsection (5)(b) which

the chief officer of a relevant police force thinks it would not be in the interests

of the prevention or detection of crime to disclose to an individual subject to

monitoring.

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(7)   

For the purposes of subsection (1)(a) an individual is to be regarded as being

barred from regulated activity by virtue of paragraph 2 or 7 of Schedule 2 only

after IBB has decided under paragraph 2(4) or 7(4) not to remove him from the

barred list.

(8)   

A monitoring application is an application made to the Secretary of State in the

5

prescribed form and manner.

(9)   

If the prescribed identification requirements include a requirement that the

applicant has his fingerprints taken at such place and in such manner as may

be prescribed, the regulations may make provision requiring their destruction

in specified circumstances and by specified persons.

10

(10)   

For the purpose of verifying evidence of identity supplied in pursuance of the

prescribed identification requirements the Secretary of State may obtain such

information as he thinks is appropriate from data held—

(a)   

by the United Kingdom Passport Agency;

(b)   

by the Driver and Vehicle Licensing Agency;

15

(c)   

by the Secretary of State in connection with keeping records of national

insurance numbers;

(d)   

by such other persons or for such purposes as is prescribed.

(11)   

Relevant information is new if it was not discovered when any earlier inquiries

under this section were carried out.

20

(12)   

References to a relevant police force must be construed in accordance with

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

22      

Ceasing monitoring

(1)   

The Secretary of State may cease monitoring as mentioned in section 21 in

relation to an individual in such circumstances as are prescribed.

25

(2)   

The Secretary of State must cease such monitoring in relation to an individual

who—

(a)   

satisfies the Secretary of State that he is not engaged in the regulated

activity concerned or the corresponding controlled activity, and

(b)   

requests the Secretary of State to cease monitoring.

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(3)   

In subsection (2)(a) the corresponding controlled activity is—

(a)   

if the regulated activity is regulated activity relating to children,

controlled activity relating to children;

(b)   

if the regulated activity is regulated activity relating to vulnerable

adults, controlled activity relating to vulnerable adults.

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23      

Information monitor

After section 119A of the Police Act 1997 (further sources of information:

Scotland) insert—

“119B   

Information monitor

(1)   

There is to be an information monitor for the purposes of this Part.

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(2)   

The information monitor is a person appointed by the Secretary of State

(a)   

for such period, not exceeding three years, as the Secretary of

State decides;

 
 

 
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