Part VI: Protection of Children and Vulnerable
133. Clause 69 provides the basic definitions
relevant to this Part. Providers of prescribed services in NHS
and independent health care settings will be required to refer
individuals for inclusion in the list and carry out checks before
offering employment in those settings and must not offer employment
in those settings to anyone included in the list.
134. There are powers in subsections (2)(b),
(6)(c) and (7)(c) and (d) to prescribe the services in the NHS
and the independent health sectors. Regulations may provide for
example for specific services dealing with older people to be
prescribed. The power to make regulations means that additional
services can be added over time to extend the protection offered
by the scheme without the need for primary legislation.
135. Clause 76 provides for the Secretary of
State to maintain the list of persons who are considered unsuitable
to work with vulnerable adults. Initially applications to check
names of potential recruits to these services against the list
will also be made to the Secretary of State (see clause 77 below).
However, when the Criminal Records Bureau is operating it is intended
that applications for checks against the list may be made to the
Bureau. This will give an opportunity for simultaneous police
checks to be made on the individual. To achieve this requires
amendments to the Police Act 1977.
136. Subsection (1) would insert powers into
the Police Act 1997 in the form of a new section 113(3C)(b) to
prescribe further details of the vulnerable adults listing to
appear on the criminal record certificate and in a new section
113(3D)(b) to prescribe additional descriptions of posts for which
a certificate or enhanced criminal record certificate showing
details of the listing is to be issued.
137. Subsection (2) would insert further powers
into the Police Act 1997, a new section 115(6B)(b) to prescribe
further details of the vulnerable adults listing to appear on
an enhanced criminal record certificate.
138. Clause 77 provides for enquiries as to whether
a relevant individual is included in the list to be made to the
Secretary of State and responded to by him. Subsection (2) defines
'relevant individual'. In subsection (2)(c) there is a power to
prescribe additional categories of persons as relevant individuals
about whom a check can be made.
139. Clause 83 would insert new substitute provisions
into the Police Act 1997 which include a power to prescribe details
to appear on criminal record certificates and enhanced criminal
record certificates. The provisions amend and reorder sections
of that Act which contain powers already enacted by Parliament
and conferred on Ministers. The powers are modified to extend
the disclosure of information to disclosure about people who are
disqualified from being proprietors or employees in independent