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House of Lords
Session 2008 - 09
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Policing and Crime Bill


Policing and Crime Bill
Part 7 — Aviation security

105

 

24AT    

Interpretation

(1)   

In this Part—

“aerodrome” is to be construed in accordance with section

24AA(2);

“aerodrome security plan” has the meaning given by section

5

24AE(2);

“dispute about security planning for an aerodrome”, “dispute

about the contents of an aerodrome security plan” and “dispute

about the implementation of an aerodrome security plan” have

the meanings given by section 24AM(2) to (4);

10

“relevant persons”, in relation to an aerodrome, means the persons

mentioned in section 24AE(4);

“relevant police area”, in relation to an aerodrome, means the

police area in which the aerodrome is wholly or mainly

situated;

15

“risk advisory group”, in relation to an aerodrome, means the

group established for the aerodrome in accordance with section

24AB;

“risk report”, in relation to an aerodrome, has the meaning given

by section 24AC(2);

20

“security executive group”, in relation to an aerodrome, means the

group established for the aerodrome in accordance with section

24AG;

“security measure”, in relation to an aerodrome, means any

measure taken for a purpose to which Part 2 applies (protection

25

of aerodromes etc. against acts of violence) or otherwise for the

purpose of preventing crime or preserving the peace at the

aerodrome, but it does not include—

(a)   

any measure specified in a direction under Part 2, or

(b)   

any measure which an officer of Revenue and Customs

30

or an official of the Secretary of State exercising

functions in relation to immigration is required to take

by virtue of any enactment.

(2)   

Any reference in this Part to the security of an aerodrome includes a

reference to the preservation of the peace at the aerodrome (and any

35

reference to a threat to the security of the aerodrome is to be construed

accordingly).

(3)   

Any reference in the preceding provisions of this Part to a person

nominated under a provision of this Part is a reference to a person who

has been nominated under that provision and accepts that nomination

40

(unless the context otherwise requires).

(4)   

If an aerodrome to which this Part applies—

(a)   

ceases to be such an aerodrome, but

(b)   

subsequently becomes such an aerodrome again,

   

this Part applies in relation to the aerodrome as if it had become an

45

aerodrome to which this Part applies for the first time.

(5)   

For the purposes of this Part the risk advisory group for an aerodrome

is to be treated as established when both of the following conditions are

first met—

 
 

Policing and Crime Bill
Part 7 — Aviation security

106

 

(a)   

the person nominated by the manager of the aerodrome under

section 24AB(2)(a) accepts the nomination;

(b)   

the chief officer of police for the relevant police area informs the

manager of the aerodrome that either the chief officer will serve

as a member of the group or that a person nominated by the

5

chief officer for the purposes of section 24AB(2)(b) has accepted

the nomination.

(6)   

For the purposes of this Part the security executive group for an

aerodrome is to be treated as established when all of the following

conditions are first met—

10

(a)   

the manager of the aerodrome appoints a representative under

section 24AG(2)(a);

(b)   

the chief officer of police for the relevant police area informs the

manager of the aerodrome that either the chief officer will serve

as a member of the group or that the chief officer has appointed

15

a representative for the purposes of section 24AG(2)(b);

(c)   

the police authority for the relevant police area informs the

manager of the aerodrome that the police authority has

appointed a representative for the purposes of section

24AG(2)(c);

20

(d)   

a person nominated by the manager of the aerodrome under

section 24AG(3) accepts the nomination.

(7)   

In the application of this Part to Scotland—

(a)   

references to the chief officer of police for the relevant police

area are to be read as references to the chief constable of the

25

police force for that area, and

(b)   

references to the police authority for the relevant police area are,

where a joint police board is constituted for that area in

accordance with an amalgamation scheme made under the

Police (Scotland) Act 1967 (c. 77), to be read as references to that

30

joint police board.

(8)   

In the application of this Part to Northern Ireland—

(a)   

references to the chief officer of police for the relevant police

area are to be read as references to the Chief Constable of the

Police Service of Northern Ireland, and

35

(b)   

references to the police authority for the relevant police area are

to be read as references to the Northern Ireland Policing Board.”

78      

Policing at airports

Schedule 6 (which amends Part 3 of the Aviation Security Act 1982 (c. 36) and

makes transitional and saving provision) has effect.

40

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

107

 

Part 8

Miscellaneous

Chapter 1

Safeguarding vulnerable groups and criminal records

Renaming of Independent Barring Board

5

79      

Renaming of Independent Barring Board

(1)   

The Independent Barring Board is renamed the Independent Safeguarding

Authority.

(2)   

For the words in the left-hand column of the table, wherever they appear in the

enactments mentioned in subsection (3), substitute the corresponding words in

10

the right-hand column of the table.

 

Existing words

Substitution

 
 

“Independent Barring Board”

“Independent Safeguarding

 
  

Authority”

 
 

“Independent Barring Board’s”

“Independent Safeguarding

 

15

  

Authority’s”

 
 

“IBB”

“ISA”

 
 

“IBB’s”

“ISA’s”

 

(3)   

The enactments are—

(a)   

Schedule 1 to the Superannuation Act 1972 (c. 11),

20

(b)   

sections 7 and 11 of the Police Pensions Act 1976 (c. 35),

(c)   

section 35C of the Medical Act 1983 (c. 54),

(d)   

section 13D of the Opticians Act 1989 (c. 44),

(e)   

section 20 of the Osteopaths Act 1993 (c. 21),

(f)   

section 20 of the Chiropractors Act 1994 (c. 17),

25

(g)   

section 97 of the Police Act 1996 (c. 16),

(h)   

sections 113BA, 113BB, 113CA and 113CB of the Police Act 1997 (c. 50),

(i)   

sections 56 and 75 of the Data Protection Act 1998 (c. 29),

(j)   

paragraph 1 of Schedule 2 to the Teaching and Higher Education Act

1998 (c. 30),

30

(k)   

section 167C of the Education Act 2002 (c. 32),

(l)   

section 171 of the Education and Inspections Act 2006 (c. 40),

(m)   

the following enactments in the Safeguarding Vulnerable Groups Act

2006 (c. 47) (including any relevant headings)—

(i)   

sections 1, 2, 4, 6, 15, 25, 35, 36 to 47 and 50,

35

(ii)   

paragraphs 1, 3 to 7 and 8 to 16 of Schedule 1,

(iii)   

paragraphs 1 and 2 of Schedule 2,

(iv)   

paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 3,

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

108

 

(v)   

paragraphs 4 and 8 of Schedule 4,

(vi)   

paragraph 2 of Schedule 5, and

(vii)   

paragraphs 1 to 3 of Schedule 8,

(n)   

sections 39, 40 and 97 of, and Schedule 5 to, the Protection of Vulnerable

Groups (Scotland) Act 2007 (asp 14),

5

(o)   

the following enactments in the Safeguarding Vulnerable Groups

(Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (including any

relevant headings)—

(i)   

Articles 2, 5, 6, 8, 10, 19, 29, 37 to 49 and 52,

(ii)   

paragraphs 2 to 6, 8 to 21, 23 and 25 of Schedule 1,

10

(iii)   

paragraphs 4 and 8 of Schedule 2,

(iv)   

paragraph 2 of Schedule 3, and

(v)   

paragraphs 1 to 3 of Schedule 6, and

(p)   

sections 130 and 141 of the Education and Skills Act 2008 (c. 25).

(4)   

In the following enactments for “the Board” substitute “the Authority”—

15

(a)   

section 167C of the Education Act 2002 (c. 32) (both as inserted by the

Education and Inspections Act 2006 (c. 40) and as substituted by the

Education and Skills Act 2008 (c. 25)), and

(b)   

section 130(4) of the Education and Skills Act 2008 (c. 25).

(5)   

Any reference (other than those dealt with by subsections (2) to (4) above) to

20

the Independent Barring Board in any enactment or other document passed or

made before the commencement of this section is to be read as a reference to

the Independent Safeguarding Authority.

(6)   

Any reference to the Independent Safeguarding Authority which arises by

virtue of this section is to be read, in relation to times before the

25

commencement of this section, as a reference to the Independent Barring

Board.

(7)   

In this section—

“enactment” includes an Act of the Scottish Parliament, Northern Ireland

legislation and an enactment comprised in subordinate legislation,

30

“subordinate legislation” has the same meaning as in the Interpretation

Act 1978 (c. 30)) and also includes an instrument made under—

(a)   

an Act of the Scottish Parliament, or

(b)   

Northern Ireland legislation.

Safeguarding vulnerable groups: England and Wales

35

80      

Educational establishments: check on members of governing body

(1)   

Section 13 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (educational

establishments: check on members of governing body) is amended as follows.

(2)   

After subsection (1) insert—

“(1A)   

B commits an offence if—

40

(a)   

B acts as a member of the governing body of an educational

establishment mentioned in section 8(5), and

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

109

 

(b)   

B has not consented to P making a check in accordance with

section 15(2)(a) or has not provided any information required to

make that check.”

(3)   

In subsection (2) (penalty for offence) after “(1)” insert “or (1A)”.

(4)   

After subsection (3) insert—

5

“(3A)   

A person does not commit an offence under subsection (1A) if, in

relation to any continuous period for which the person is a member of

the governing body of the establishment—

(a)   

the person’s appointment first took effect before the

commencement of this section, and

10

(b)   

it continues to have effect after such commencement.”

(5)   

In subsection (4) (power of Secretary of State to order that subsection (3) no

longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A)

do”.

(6)   

After subsection (5) insert—

15

“(6)   

The period prescribed for the purposes of subsection (1) must not start

before B has—

(a)   

consented to P making a check in accordance with section

15(2)(a), and

(b)   

provided any information required to make that check.”

20

(7)   

In section 8 of that Act (person not to engage in regulated activity unless

subject to monitoring) for subsection (11) substitute—

“(11)   

A person does not commit an offence under subsection (3) if, in relation

to any continuous period for which the person is a member of the

governing body of the establishment—

25

(a)   

the person’s appointment first took effect before the

commencement of this section, and

(b)   

it continues to have effect after such commencement.”

81      

Monitoring application

In section 24 of the Safeguarding Vulnerable Groups Act 2006 (c. 47)

30

(monitoring)—

(a)   

in subsection (1)(b) for “a monitoring application” substitute “an

application to the Secretary of State under this section (a “monitoring

application”)”, and

(b)   

for subsection (10) substitute—

35

“(10)   

The Secretary of State may determine the form, manner and

contents of a monitoring application.”

82      

Monitoring: additional fees

(1)   

After section 24 of the Safeguarding Vulnerable Groups Act 2006 insert—

“24A    

Monitoring: power to prescribe additional fees

40

(1)   

An individual subject to monitoring under section 24 in relation to a

regulated activity must pay a prescribed fee if—

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

110

 

(a)   

no fee was payable by virtue of section 24(1)(d) when the

individual made a monitoring application (within the meaning

of section 24) in respect of the activity, and

(b)   

there has been a prescribed change of circumstances as a result

of which a fee would be payable by virtue of section 24(1)(d) if

5

a monitoring application were now made in respect of the

activity.

(2)   

The amount of the fee payable by virtue of subsection (1) must not

exceed the amount of fee which would be payable if a monitoring

application were made in respect of the activity as mentioned in

10

subsection (1)(b).

(3)   

An individual does not cease to be subject to monitoring under section

24 merely because the individual fails to pay a fee required by this

section (but see section 30(2A)).”

(2)   

In section 25 of that Act (monitoring: fees)—

15

(a)   

in subsection (1) after “24” insert “or in relation to a change of

circumstances under section 24A”,

(b)   

in subsection (2) after “made” insert “, or change of circumstances

occurring,”,

(c)   

in subsection (3) after “made” insert “or change of circumstances

20

occurring”,

(d)   

in subsection (4) after “24” insert “or 24A”,

(e)   

in subsection (5)—

(i)   

for “power” substitute “powers”, and

(ii)   

for “is” substitute “are”, and

25

(f)   

in subsection (6) after “24(1)(d)” insert “or 24A”.

(3)   

In section 30 of that Act (provision of vetting information) after subsection (2)

insert—

“(2A)   

The Secretary of State may refuse to provide A with the information if

B has failed to pay a fee required by section 24A.”

30

83      

Vetting information

(1)   

Section 30 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (provision

of vetting information) is amended as follows.

(2)   

In subsection (2) (appropriate declaration)—

(a)   

in paragraph (a) for “a specified entry” substitute “the table in Schedule

35

7”, and

(b)   

after that paragraph (but before the following “and”) insert—

“(aa)   

that column 2 of the entry by virtue of which A falls within

column 1 refers to children or (as the case may be) vulnerable

adults,

40

(ab)   

whether the information is sought by A with a view to

permitting or supplying B to carry out paid activity or with a

view to making a check in accordance with section 15(2)(a) in

relation to the appointment of B to a position in which B will

carry out paid activity,”.

45

(3)   

Omit subsection (3).

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

111

 

(4)   

In subsection (4)(a) and (b) (information to be provided) for “column 2 of the

specified entry” substitute “A’s declaration states that column 2 of the relevant

entry”.

(5)   

Omit subsection (5).

(6)   

After subsection (6) insert—

5

“(6A)   

“Paid activity” means an activity carried out for financial gain.

(6B)   

The Secretary of State may by regulations provide for an activity to be

treated as, or not to be treated as, an activity carried out for financial

gain.”

84      

Notification of cessation of monitoring

10

(1)   

Section 32 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (notification

of cessation of monitoring) is amended as follows.

(2)   

In subsection (3) (appropriate declaration)—

(a)   

in paragraph (a) for “a specified entry” substitute “the table in Schedule

7”, and

15

(b)   

after that paragraph (but before the following “and”) insert—

“(aa)   

that column 2 of the entry by virtue of which A falls within

column 1 refers to children or (as the case may be) vulnerable

adults,”.

(3)   

Omit subsection (4).

20

(4)   

In subsection (5)(a) and (b) (information to be provided) for “column 2 of the

specified entry” substitute “A’s declaration states that column 2 of the relevant

entry”.

(5)   

Omit subsection (8).

85      

Notification of proposal to include person in barred list

25

(1)   

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2)   

After section 34 insert—

“34A    

Notification of proposal to include person in children’s barred list

(1)   

If ISA proposes to include a person (B) in the children’s barred list in

the circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 3,

30

it—

(a)   

must notify any person who is registered in relation to B under

section 32 in relation to regulated activity relating to children,

and

(b)   

may notify any other person who it is satisfied falls within

35

subsection (2).

(2)   

The following fall within this subsection—

(a)   

any person who is permitting B to engage in regulated activity

relating to children,

(b)   

any responsible person (within the meaning of section 23) who

40

is permitting B to engage in controlled activity relating to

children.

 
 

 
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