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Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]

1

 

A

Bill

[AS AMENDED IN STANDING COMMITTEE B]

To

Make provision in connection with the protection of children and vulnerable

adults. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Barring

1       

Independent Barring Board

(1)   

There shall be a body corporate to be known as the Independent Barring Board

(“IBB”).

(2)   

Schedule 1 makes provision relating to IBB.

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2       

Barred lists

(1)   

IBB must establish and maintain—

(a)   

the children’s barred list;

(b)   

the adults’ barred list.

(2)   

Part 1 of Schedule 2 applies for the purpose of determining whether an

10

individual is included in the children’s barred list.

(3)   

Part 2 of that Schedule applies for the purpose of determining whether an

individual is included in the adults’ barred list.

(4)   

Part 3 of that Schedule contains supplementary provision.

(5)   

In respect of an individual who is included in a barred list, IBB must keep other

15

information of such description as is prescribed.

 
Bill 21254/1
 
 

Safeguarding Vulnerable Groups Bill [HL]

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3       

Barred persons

(1)   

A reference to a person being barred from regulated activity must be construed

in accordance with this section.

(2)   

A person is barred from regulated activity relating to children if he is—

(a)   

included in the children’s barred list;

5

(b)   

included in a list maintained under the law of Scotland or Northern

Ireland which the Secretary of State specifies by order as corresponding

to the children’s barred list.

(3)   

A person is barred from regulated activity relating to vulnerable adults if he

is—

10

(a)   

included in the adults’ barred list;

(b)   

included in a list maintained under the law of Scotland or Northern

Ireland which the Secretary of State specifies by order as corresponding

to the adults’ barred list.

4       

Appeals

15

(1)   

An individual who is included in a barred list may appeal to the Tribunal

against—

(a)   

a decision under paragraph 2 or 7 of Schedule 2 not to remove him from

the list;

(b)   

a decision under paragraph 3, 5, 8 or 10 of that Schedule to include him

20

in the list;

(c)   

a decision under paragraph 15 or 16 of that Schedule not to remove him

from the list.

(2)   

An appeal under subsection (1) may be made only on the grounds that IBB has

made a mistake—

25

(a)   

on any point of law;

(b)   

in any finding of fact which it has made and on which the decision

mentioned in that subsection was based.

(3)   

For the purposes of subsection (2), the decision whether or not it is appropriate

for an individual to be included in a barred list is not a question of law or fact.

30

(4)   

An appeal under subsection (1) may be made only with the permission of the

Tribunal.

(5)   

Unless the Tribunal finds that IBB has made a mistake of law or fact, it must

confirm the decision of IBB.

(6)   

If the Tribunal finds that IBB has made such a mistake it must—

35

(a)   

direct IBB to remove the person from the list, or

(b)   

remit the matter to IBB for a new decision.

(7)   

If the Tribunal remits a matter to IBB under subsection (6)(b)—

(a)   

the Tribunal may set out any findings of fact which it has made (on

which IBB must base its new decision); and

40

(b)   

the person must be removed from the list until IBB makes its new

decision, unless the Tribunal directs otherwise.

(8)   

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

of the Tribunal (including provision as to the award of costs by the Tribunal).

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(9)   

A person may appeal on a point of law to the Court of Appeal against a

decision of the Tribunal.

(10)   

An appeal under subsection (9) may be made only with the permission of the

Court of Appeal.

(11)   

In this section “the Tribunal” means the Tribunal established under section 9 of

5

the Protection of Children Act 1999 (c. 14).

Regulated activity

5       

Regulated activity

(1)   

A reference to regulated activity relating to children must be construed in

accordance with Part 1 of Schedule 3.

10

(2)   

A reference to regulated activity relating to vulnerable adults must be

construed in accordance with Part 2 of that Schedule.

(3)   

The Secretary of State may by order amend that Schedule so as to vary the

meaning of—

(a)   

regulated activity relating to children;

15

(b)   

regulated activity relating to vulnerable adults.

Regulated activity providers

6       

Regulated activity providers

(1)   

A reference to a regulated activity provider must be construed in accordance

with this section.

20

(2)   

A person (P) is a regulated activity provider if—

(a)   

he has responsibility for the management or control of regulated

activity, and

(b)   

he makes arrangements (whether in connection with a contract of

service or for services or otherwise) for another person to engage in that

25

activity.

(3)   

P is not a regulated activity provider if he is an individual and the

arrangements he makes are private arrangements.

(4)   

Arrangements are private arrangements if the regulated activity is for, or for

the benefit of, P himself.

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(5)   

Arrangements are private arrangements if the regulated activity is for, or for

the benefit of, a child or vulnerable adult who is—

(a)   

a member of P’s family;

(b)   

a friend of P.

(6)   

A person does not make arrangements for another to engage in a regulated

35

activity merely because he (alone or together with others) appoints that person

to a position mentioned in paragraph 4(1)(a), (b), (g), (h), (i), (j), (m) (n) or (o) of

Schedule 3.

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(7)   

If a regulated activity provider is an unincorporated association any

requirement of or liability (including criminal liability) under this Act must be

taken to be a requirement on or liability of—

(a)   

the person responsible for the management and control of the

association, or

5

(b)   

if there is more than one such person, all of them jointly and severally.

(8)   

“Family” and “friend” must be construed in accordance with section 43.

Restrictions on participating in regulated activity

7       

Barred person not to engage in regulated activity

(1)   

An individual commits an offence if he—

10

(a)   

seeks to engage in regulated activity from which he is barred;

(b)   

offers to engage in regulated activity from which he is barred;

(c)   

engages in regulated activity from which he is barred.

(2)   

A person guilty of an offence under subsection (1) is liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

15

five years, or to a fine, or to both;

(b)   

on summary conviction, to imprisonment for a term not exceeding 12

months, or to a fine, or to both.

(3)   

It is a defence for a person charged with an offence under subsection (1) to

prove that he did not know, and could not reasonably be expected to know,

20

that he was barred from that activity.

8       

Person not to engage in regulated activity unless subject to monitoring

(1)   

An individual commits an offence if—

(a)   

he engages in regulated activity with the permission of a regulated

activity provider, and

25

(b)   

he is not subject to monitoring in relation to that activity.

(2)   

An individual commits an offence if—

(a)   

he engages in an activity which is a regulated activity by virtue of

paragraph 1(4) or (9) of Schedule 3, and

(b)   

he is not subject to monitoring in relation to regulated activity relating

30

to children.

(3)   

An individual commits an offence if—

(a)   

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

establishment mentioned in subsection (5), and

(b)   

he is not subject to monitoring in relation to regulated activity relating

35

to children.

(4)   

A person guilty of an offence under subsection (1), (2) or (3) is liable on

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

(5)   

The establishments are—

(a)   

an educational institution which is exclusively or mainly for the

40

provision of full-time education to children;

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(b)   

a maintained nursery school (within the meaning of section 39 of the

Education Act 2002 (c. 32)).

(6)   

A person does not commit an offence under subsection (1) or (2) if he has not

attained the age of 16.

(7)   

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

5

continuous period for which he is permitted to engage in the activity—

(a)   

the permission is first given before the commencement of this section,

and

(b)   

it continues to have effect after such commencement.

(8)   

Where subsection (7) applies to a person who is engaged in regulated activity

10

which is relevant NHS employment for the purposes of section 15(1)(d), he

does not commit an offence under subsection (1) if he also engages in any other

such regulated activity as mentioned in section 15.

(9)   

Subsection (7) does not apply in respect of permission which continues to have

effect after such date as the Secretary of State specifies by order.

15

(10)   

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

(a)   

the activity is a regulated activity by virtue of paragraph 1(2) or 6(3) or

(4) of Schedule 3, and

(b)   

he is permitted to engage in regulated activity in the establishment

mentioned in that paragraph only on an occasional basis.

20

(11)   

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

(a)   

the regulated activity is regulated activity relating to vulnerable adults,

and

(b)   

the regulated activity provider falls within section 14.

(12)   

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

25

continuous period for which he acts as a governor—

(a)   

his appointment as a governor first took effect before the

commencement of this section, and

(b)   

it continues to have effect after such commencement.

(13)   

Subsection (12) does not apply in respect of an appointment which continues

30

to have effect after such date as the Secretary of State specifies by order.

(14)   

It is a defence for a person charged with an offence under subsection (1), (2) or

(3) to prove that he did not know, and could not reasonably be expected to

know, that he was not subject to monitoring in relation to the activity.

9       

Use of barred person for regulated activity

35

(1)   

A regulated activity provider commits an offence if—

(a)   

he permits an individual (B) to engage in regulated activity from which

B is barred, and

(b)   

he knows or has reason to believe that B is barred from that activity.

(2)   

A personnel supplier commits an offence if—

40

(a)   

he supplies an individual (B) to a regulated activity provider,

(b)   

he knows or has reason to believe that the regulated activity provider

will make arrangements for B to engage in regulated activity from

which B is barred, and

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(c)   

he knows or has reason to believe that B is barred from that activity.

(3)   

An individual commits an offence if—

(a)   

pursuant to private arrangements (within the meaning of section 6(4) or

(5)), he permits B to engage in regulated activity from which B is barred,

and

5

(b)   

he knows or has reason to believe that B is barred from that activity.

(4)   

A person guilty of an offence under this section is liable—

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

five years, or to a fine, or to both;

(b)   

on summary conviction, to imprisonment for a term not exceeding 12

10

months, or to a fine, or to both.

10      

Use of person not subject to monitoring for regulated activity

(1)   

A regulated activity provider commits an offence if—

(a)   

he permits an individual (B) to engage in regulated activity in relation

to which B is not subject to monitoring, and

15

(b)   

he knows or has reason to believe that B is not subject to monitoring in

relation to that activity.

(2)   

A personnel supplier commits an offence if—

(a)   

he supplies an individual (B) to a regulated activity provider,

(b)   

he knows or has reason to believe that the regulated activity provider

20

will make arrangements for B to engage in regulated activity in relation

to which B is not subject to monitoring, and

(c)   

he knows or has reason to believe that B is not subject to monitoring in

relation that activity.

(3)   

A person guilty of an offence under subsection (1) or (2) is liable on summary

25

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

(4)   

A person does not commit an offence under subsection (1) or (2) if B has not

attained the age of 16.

(5)   

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

(a)   

the activity is a regulated activity by virtue of paragraph 1(2) or 6(3) or

30

(4) of Schedule 3, and

(b)   

B is permitted to engage in regulated activity in the establishment

mentioned in that paragraph only on an occasional basis.

(6)   

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

continuous period for which B is permitted to engage in the regulated

35

activity—

(a)   

the permission is first given before the commencement of this section,

and

(b)   

it continues to have effect after such commencement.

(7)   

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

40

(a)   

he falls within section 15,

(b)   

the permission mentioned in subsection (1) commences at a time when

B is engaged in relevant NHS employment mentioned in section

15(1)(b) in circumstances mentioned in subsection (5), and

 
 

Safeguarding Vulnerable Groups Bill [HL]

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(c)   

for the duration of the permission mentioned in subsection (1) B

continues to be engaged in that relevant NHS employment.

(8)   

Subsection (6) or (7) does not apply in respect of permission which continues

to have effect after such date as the Secretary of State specifies by order.

(9)   

A person does not commit an offence under subsection (1) or (2) if—

5

(a)   

the regulated activity is regulated activity relating to vulnerable adults,

and

(b)   

the regulated activity provider falls within section 14.

11      

Regulated activity provider: failure to check

(1)   

A regulated activity provider commits an offence if he permits an individual

10

(B) to engage in regulated activity without making an appropriate check.

(2)   

A person guilty of an offence under subsection (1) is liable on summary

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

(3)   

A regulated activity provider makes an appropriate check if he obtains

relevant information (within the meaning of Schedule 4) relating to B.

15

(4)   

A person does not commit an offence under subsection (1) if he falls within

section 14 or 15.

(5)   

A person does not commit an offence under subsection (1) if B has not attained

the age of 16.

(6)   

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

20

(a)   

the activity is regulated activity by virtue of paragraph 1(2) or 6(3) or

(4) of Schedule 3, and

(b)   

B is permitted to engage in regulated activity in the establishment

mentioned in that paragraph only on an occasional basis.

(7)   

Subsection (8) applies if—

25

(a)   

B engages in an activity which is a regulated activity, and

(b)   

he does so with the permission of two (or more) regulated activity

providers.

(8)   

A regulated activity provider does not commit an offence under subsection (1)

if, before the permission takes effect, he obtains written confirmation from the

30

other regulated activity provider (or one of them) (C)—

(a)   

that C has made an appropriate check, and

(b)   

that C 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.

(9)   

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

35

continuous period for which B is permitted to engage in the regulated

activity—

(a)   

the permission is first given before the commencement of this section,

and

(b)   

it continues to have effect after such commencement.

40

(10)   

Subsection (9) does not apply in respect of permission which continues to have

effect after such date as the Secretary of State specifies by order.

(11)   

C commits an offence if—

 
 

 
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