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Safeguarding Vulnerable Groups Bill [HL]


Safeguarding Vulnerable Groups Bill [HL]

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32      

Local authorities: duty to provide information on request

(1)   

This section applies if IBB is considering—

(a)   

whether to include any person in a barred list;

(b)   

whether to remove any person from a barred list.

(2)   

If IBB thinks that a local authority hold any prescribed information relating to

5

the person, it may require the authority to provide it with the information.

(3)   

The local authority must comply with a requirement under subsection (2).

(4)   

“Local authority” has the same meaning as in section 1 of the Local Authorities

(Goods and Services) Act 1970 (c. 39).

Professional bodies and supervisory authorities

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33      

Registers: duty to refer

(1)   

A keeper of a relevant register must provide IBB with any prescribed

information he holds relating to a person if the first and second conditions are

satisfied.

(2)   

The first condition is that the keeper thinks—

15

(a)   

that paragraph 1, 2, 6 or 7 of Schedule 2 applies to the person,

(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.

20

(3)   

The harm test is that the person may—

(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

25

(e)   

incite another to harm a child or vulnerable adult.

(4)   

The second condition is that the keeper 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

30

IBB may consider it appropriate for the person to be included in a

barred list.

(5)   

For the purposes of subsection (2)(b) or (c) it is immaterial whether there is a

finding of fact in any proceedings.

(6)   

A keeper of a relevant register may provide IBB with any prescribed

35

information he holds relating to a person if—

(a)   

he thinks that the person has engaged in relevant conduct (within the

meaning of paragraph 4 or 9 of Schedule 2) occurring before the

commencement of this section, and

(b)   

the condition in subsection (4) is satisfied.

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Safeguarding Vulnerable Groups Bill [HL]

23

 

(7)   

For the purposes of subsection (2)(b) or (6)(a), conduct is inappropriate if it

appears to the keeper to be inappropriate having regard to the guidance issued

by the Secretary of State under paragraph 4(4) or 9(4) of Schedule 2.

(8)   

References to a relevant register and the keeper of a relevant register must be

construed in accordance with section 35(5).

5

34      

Registers: duty to provide information on request

(1)   

This section applies if IBB is considering—

(a)   

whether to include in a barred list a person who appears on a relevant

register;

(b)   

whether to remove such a person from a barred list.

10

(2)   

IBB may require the keeper of the register to provide it with any prescribed

information he holds relating to the person.

(3)   

The keeper of the register must comply with a requirement under subsection

(2).

(4)   

References to a relevant register and the keeper of a relevant register must be

15

construed in accordance with section 35(5).

35      

Registers: notice of barring and cessation of monitoring

(1)   

Subsection (2) applies if the Secretary of State knows or thinks that a person (A)

appears on a relevant register and either—

(a)   

A is newly included in a barred list or the Secretary of State becomes

20

aware that A is subject to a relevant disqualification, or

(b)   

having been subject to monitoring, A ceases to be so subject by virtue

of section 22.

(2)   

The Secretary of State must—

(a)   

notify the keeper of the register of the circumstances mentioned in

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paragraph (a) or (b) (as the case may be) of subsection (1), and

(b)   

in a case where A is newly included in a barred list, require IBB to

provide the keeper with all the information on which IBB relied in

deciding to include A in the list.

(3)   

If IBB—

30

(a)   

knows or thinks that a person appears on a relevant register; and

(b)   

becomes aware of relevant information relating to that person,

   

it must provide the keeper of the register with that information.

(4)   

In subsection (3), relevant information is information which—

(a)   

relates to the protection of children or vulnerable adults in general, or

35

of any child or vulnerable adult in particular, and

(b)   

is relevant to the exercise of any function of the keeper of the register,

   

but does not include information falling within paragraph 17(5) of Schedule 2.

(5)   

In this section—

(a)   

a relevant register is a register appearing in column 1 of the following

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Table, and

(b)   

in relation a relevant register, the keeper of the register is the

corresponding person appearing in column 2 of the Table.

 
 

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)   

The Secretary of State may by order amend the Table in subsection (5) by

inserting an entry or amending or omitting an entry for the time being

contained in the Table.

 
 

Safeguarding Vulnerable Groups Bill [HL]

25

 

(7)   

A person is subject to a relevant disqualification if 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.

(8)   

This section does not affect any power of the Secretary of State by virtue of any

enactment or rule of law to—

5

(a)   

inform any person about the circumstances mentioned in subsection

(1)(a) or (b);

(b)   

provide any person with the information mentioned in subsection

(3)(b).

(9)   

In its application to Scotland, this section does not have effect in relation to a

10

profession in so far as provision may be made for the regulation of the

profession by an Act of the Scottish Parliament.

36      

Supervisory authorities: duty to refer

(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.

15

(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,

(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

20

this section, or

(c)   

that the harm test is satisfied.

(3)   

The harm test is that the person may—

(a)   

harm a child or vulnerable adult,

(b)   

cause a child or vulnerable adult to be harmed,

25

(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.

(4)   

The second condition is that the supervisory authority thinks—

(a)   

that the person is engaged or may engage in regulated activity or

30

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

barred list.

(5)   

The supervisory authority may provide IBB with any prescribed information it

35

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

Schedule 2) occurring before the commencement of this section, and

(b)   

the condition in subsection (4) is satisfied.

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(6)   

Subsection (1) does not apply if the supervisory authority is satisfied that IBB

already has the information.

(7)   

A supervisory authority is—

 
 

Safeguarding Vulnerable Groups Bill [HL]

26

 

(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

Act;

(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

5

(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;

(d)   

the National Assembly for Wales in respect of its functions under

Chapters 4 and 6 of Part 2 of that Act;

10

(e)   

Her Majesty’s Chief Inspector of Schools in England in the exercise of

his functions;

(f)   

Her Majesty’s Chief Inspector of Education and Training in Wales in

the exercise of his functions.

(8)   

Relevant evidence is evidence obtained by the supervisory authority in the

15

exercise of the functions mentioned in subsection (7).

(9)   

The Secretary of State may by order amend subsection (7) by inserting a

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

in the subsection.

(10)   

For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it

20

appears to the supervisory authority to be inappropriate having regard to the

guidance issued by the Secretary of State under paragraph 4(4) or 9(4) of

Schedule 2.

37      

Supervisory authorities: duty to provide information on request

(1)   

This section applies if IBB is considering—

25

(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.

(2)   

IBB may require the supervisory authority to provide it with any prescribed

information it holds relating to the person.

30

(3)   

The supervisory authority must comply with a requirement under subsection

(2).

(4)   

The references to a supervisory authority must be construed in accordance

with section 36(7).

38      

Provision of information to supervisory authorities

35

(1)   

This section applies if IBB—

(a)   

has reason to believe that a person (A) is engaged in regulated activity

or controlled activity, and

(b)   

has information relating to A which is relevant to a supervisory

authority.

40

(2)   

IBB must provide the supervisory authority with the information.

(3)   

Information is relevant to a supervisory authority if—

(a)   

it relates to the protection of children or vulnerable adults in general, or

of any child or vulnerable adult in particular, and

 
 

Safeguarding Vulnerable Groups Bill [HL]

27

 

(b)   

is relevant to the exercise of any function of the authority,

   

but does not include information falling within paragraph 17(5) of Schedule 2.

(4)   

References to a supervisory authority must be construed in accordance with

section 36(7).

Miscellaneous

5

39      

Power to require certain information to be obtained

(1)   

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);

(b)   

section 13(3)(b).

10

(2)   

The Secretary of State may provide that in prescribed circumstances the

following paragraphs apply in place of section 11(14)(a) and (b)—

“(a)   

in the prescribed period he obtains the information in the

prescribed manner, and

(b)   

in that period he takes the prescribed steps to have an enhanced

15

criminal record certificate relating to the individual issued in

relation to him under section 113B of the Police Act 1997.”

(3)   

The Secretary of State may provide that in prescribed circumstances the

following paragraphs apply in place of section 13(3)(a) and (b)—

“(a)   

in the prescribed period he obtains the relevant information

20

(within the meaning of Schedule 4) relating to B in the

prescribed manner, and

(b)   

in that period he takes the prescribed steps to have an enhanced

criminal record certificate relating to B issued in relation to the

personnel supplier under section 113B of the Police Act 1997.”

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40      

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;

(b)   

any civil liability arising in consequence of this Act.

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41      

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

purposes corresponding to those of this Act—

35

(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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