Safeguarding Vulnerable Groups Bill [HL]

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Safeguarding Vulnerable Groups Bill [HL]

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary
37

      (2)
A person’s conduct endangers a vulnerable adult if he—
(a)
harms a vulnerable adult,
(b)
causes a vulnerable adult to be harmed,
(c)
puts a vulnerable adult at risk of harm,
(d)
attempts to harm a vulnerable adult, or
5
(e)
incites another to harm a vulnerable adult.
      (3)
A person does not engage in relevant conduct merely by committing an
offence prescribed for the purposes of this sub-paragraph.
      (4)
For the purposes of sub-paragraph (1)(c) and (d), IBB must have regard to
guidance issued by the Secretary of State as to conduct which is
10
inappropriate.
Risk of harm
10    (1)
This paragraph applies to a person if—
(a)
it appears to IBB that the person falls within sub-paragraph (4), and
(b)
IBB proposes to include him in the adults’ barred list.
15
      (2)
IBB must give the person the opportunity to make representations as to why
he should not be included in the adults’ barred list.
      (3)
If it appears to IBB that it is appropriate to do so, it must include the person
in the adults’ barred list.
      (4)
A person falls within this sub-paragraph if he may—
20
(a)
harm a vulnerable adult,
(b)
cause a vulnerable adult to be harmed,
(c)
put a vulnerable adult at risk of harm,
(d)
attempt to harm a vulnerable adult, or
(e)
incite another to harm a vulnerable adult.
25
Part 3
Supplementary
Procedure
11    (1)
The Secretary of State may, by regulations, make provision as to the
procedure to be followed for the purposes of any decision IBB is required or
30
authorised to take under this Schedule.
      (2)
Such provision may include provision as to the time within which anything
is to be done.
Representations
12    (1)
A person who is, by virtue of any provision of this Schedule, given an
35
opportunity to make representations must have the opportunity to make
representations in relation to all of the information on which IBB intends to
rely in taking a decision under this Schedule.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary
38

      (2)
Any requirement of this Schedule to give a person an opportunity to make
representations does not apply if IBB does not know and cannot reasonably
ascertain the whereabouts of the person.
      (3)
The opportunity to make representations does not include the opportunity
to make representations that findings of fact made by a competent body
5
were wrongly made.
      (4)
Findings of fact made by a competent body are findings of fact made in
proceedings before one of the following bodies or any of its committees—
(a)
the General Teaching Council for England;
(b)
the General Teaching Council for Wales;
10
(c)
the Council of the Pharmaceutical Society of Great Britain;
(d)
the General Medical Council;
(e)
the General Dental Council;
(f)
the General Optical Council;
(g)
the General Osteopathic Council;
15
(h)
the General Chiropractic Council;
(i)
the Nursing and Midwifery Council;
(j)
the Health Professions Council;
(k)
the General Social Care Council;
(l)
the Care Council for Wales.
20
13    (1)
This paragraph applies to a person who is included in a barred list (except a
person included in pursuance of paragraph 1 or 6) if, before he was included
in the list, IBB was unable to ascertain his whereabouts.
      (2)
This paragraph also applies to a such a person if—
(a)
he did not, before the end of any time prescribed for the purpose,
25
make representations as to why he should not be included in the list,
and
(b)
IBB grants him leave to make such representations out of time.
      (3)
If a person to whom this paragraph applies makes such representations after
the prescribed time—
30
(a)
IBB must consider the representations, and
(b)
if it thinks that it is not appropriate for the person to be included in
the list concerned, it must remove him from the list.
      (4)
For the purposes of this paragraph, it is immaterial that any representations
mentioned in sub-paragraph (3) relate to a time after the person was
35
included in the list concerned.
Review
14    (1)
A person who is included in a barred list may apply to IBB for a review of
his inclusion.
      (2)
An application for a review may be made only with the leave of IBB.
40
      (3)
A person may apply for leave only if—
(a)
the application is made after the end of the minimum barred period,
and
(b)
in the prescribed period ending with the time when he applies for
leave, he has made no other such application.
45

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary
39

      (4)
IBB must not grant leave unless it thinks—
(a)
that the person’s circumstances have changed since he was included
in the list or since he last applied for leave (as the case may be), and
(b)
that the change is such that leave should be granted.
      (5)
On a review of a person’s inclusion, if IBB is satisfied that it is no longer
5
appropriate for him to be included in the list it must remove him from it;
otherwise it must dismiss the application.
      (6)
The minimum barred period is the prescribed period beginning with such of
the following as may be prescribed—
(a)
the date on which the person was first included in the list;
10
(b)
the date on which any criterion prescribed for the purposes of
paragraph 1, 2, 6 or 7 is first satisfied;
(c)
where the person is included in the list on the grounds that he has
been convicted of an offence in respect of which a custodial sentence
(within the meaning of section 76 of the Powers of Criminal Courts
15
(Sentencing) Act 2000 (c. 6)) was imposed, the date of his release;
(d)
the date on which the person made any representations as to why he
should not be included in the list.
15    (1)
Sub-paragraph (2) applies if a person is included in the children’s barred
list—
20
(a)
in pursuance of paragraph 1 or 2 where the only criterion satisfied in
relation to him was that he committed an offence against a child, or
(b)
in pursuance of paragraph 3 where the relevant conduct consists
only of a conviction for such an offence.
      (2)
IBB must remove a person from the list if it is subsequently satisfied that the
25
court, having considered whether to make a disqualification order, decided
not to.
      (3)
In this paragraph—
(a)
the reference to an offence committed against a child must be
construed in accordance with Part 2 of the Criminal Justice and Court
30
Services Act 2000 (c. 43);
(b)
a disqualification order is an order under section 28, 29 or 29A of that
Act.
Information
16    (1)
IBB may require—
35
(a)
any person who holds records of convictions or cautions for the use
of police forces generally to provide to it any relevant information
relating to a person to whom any of paragraphs 1 to 5 or 6 to 10 above
apply;
(b)
the chief officer of a relevant police force to provide to it any such
40
relevant information;
(c)
any person who holds information prescribed for the purposes of
section 21(5)(c) to provide to it any such information relating to a
person to whom any of paragraphs 1 to 5 or 6 to 10 above apply.
      (2)
For the purposes of sub-paragraph (1)(a), relevant information relating to a
45
person is information which the person holding the records thinks might be
relevant in relation to the regulated activity concerned.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 2 — Barred lists
Part 3 — Supplementary
40

      (3)
For the purposes of sub-paragraph (1)(b), relevant information relating to a
person is information which the Secretary of State could require the chief
officer to provide in relation to the person if the person had made an
application for the purposes of section 113B of the Police Act 1997 (c. 50)
(enhanced criminal record certificate).
5
      (4)
In this paragraph—
“caution” has the same meaning as in section 126 of the Police Act 1997;
“relevant police force” must be construed in accordance with
subsection (9) of section 113B of that Act as if the person had made
an application for the purposes of that section.
10
17
The Secretary of State may provide to IBB any information relating to a
person which is held by him in connection with his functions under—
(a)
the Protection of Children Act 1999 (c. 14), except section 9 (the
Tribunal);
(b)
Part 7 of the Care Standards Act 2000 (c. 14);
15
(c)
sections 142 to 144 of the Education Act 2002 (c. 32);
(d)
this Act (except information he holds relating to an offence
prescribed for the purposes of paragraph 4(3) or 9(3) of this
Schedule).
18
IBB must provide the Secretary of State with the prescribed information
20
relating to a person if—
(a)
it includes that person in a barred list;
(b)
it is considering whether to include him in a barred list.
Prescribed criteria
19    (1)
The criteria which may be prescribed for the purposes of paragraphs 1, 2, 6
25
and 7 include—
(a)
that a person has been convicted of, or cautioned in relation to, an
offence of a specified description;
(b)
that an order of a specified description requiring the person to do or
not to do anything has been made against him.
30
      (2)
Provision may be made for the criteria to apply differently in different
circumstances.
      (3)
The power to specify offences for the purposes of sub-paragraph (1) includes
power to specify offences under—
(a)
the law of Scotland, Northern Ireland, the Channel Islands or the Isle
35
of Man;
(b)
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);
(c)
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
(d)
section 42 of the Naval Discipline Act 1957 (c. 53).
      (4)
The criteria which may be prescribed for the purposes of paragraph 1 or 2
40
must not consist only of circumstances in which the person has committed
an offence against a child if the court, having considered whether to make a
disqualification order, decided not to.
      (5)
In sub-paragraph (4)—

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children
41

(a)
the reference to an offence committed against a child must be
construed in accordance with Part 2 of the Criminal Justice and Court
Services Act 2000 (c. 43);
(b)
a disqualification order is an order under section 28, 29 or 29A of that
Act.
5
Schedule 3
Section 5

Regulated Activity
Part 1
Regulated activity relating to children
Regulated activity: general
10
1     (1)
An activity is a regulated activity relating to children if—
(a)
it is mentioned in paragraph 2(1), and
(b)
it is carried out frequently by the same person.
      (2)
An activity is a regulated activity relating to children if—
(a)
it is mentioned in paragraph 2(1), and
15
(b)
it is carried out in an establishment mentioned in paragraph 3(1).
      (3)
An activity is a regulated activity relating to children if—
(a)
it is carried out frequently by the same person,
(b)
it is carried out in an establishment mentioned in paragraph 3(1), and
(c)
it gives that person the opportunity, in consequence of anything he
20
is permitted or required to do in connection with the activity, to have
contact with children.
      (4)
The exercise of a function of a person mentioned in paragraph 4(1) is a
regulated activity relating to children.
      (5)
The exercise of a function of any of the following so far as it relates to the
25
inspection of an establishment mentioned in paragraph 3(1) is a regulated
activity relating to children—
(a)
HM Chief Inspector of Schools in England;
(b)
HM Chief Inspector of Education and Training in Wales;
(c)
a body approved in pursuance of section 163(1)(b) of the Education
30
Act 2002 (c. 32) to inspect a registered independent school;
(d)
HM Chief Inspector of Prisons;
(e)
the Commission for Social Care Inspection;
(f)
the Commission for Healthcare Audit and Inspection;
(g)
the National Assembly for Wales.
35
      (6)
Any 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 sub-paragraph (1), (2), (3) or (5) is a regulated activity relating to children.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children
42

Activities
2     (1)
The activities referred to in paragraph 1(1) and (2) are—
(a)
any form of teaching, training or instruction of children, unless the
teaching, training or instruction is merely part of or incidental to
teaching, training or instruction of persons who are not children;
5
(b)
any form of care for or supervision of children, unless the care or
supervision is merely part of or incidental to care for or supervision
of persons who are not children;
(c)
any form of advice or guidance provided wholly or mainly for
children, if the advice or guidance relates to their physical, emotional
10
or educational well-being;
(d)
any form of treatment or therapy provided for a child;
(e)
moderating a public interactive communication service which is
likely to be used wholly or mainly by children.
      (2)
Sub-paragraph (1)(a), (b), (c) and (d) do not include—
15
(a)
teaching, training or instruction provided to a child in the course of
his employment;
(b)
care for or supervision of a child in the course of his employment;
(c)
advice or guidance provided for a child in the course of his
employment;
20
(d)
treatment or therapy provided for a child in the course of his
employment.
      (3)
Sub-paragraph (2) does not apply if—
(a)
the child has not attained the age of 16, and
(b)
the activity is carried out by a person in respect of whom
25
arrangements are made principally for that purpose.
      (4)
For the purposes of sub-paragraph (1)(e) a person moderates a public
electronic interactive communication service if, for the purpose of protecting
children, he has any function relating to—
(a)
monitoring the content of matter which forms any part of the service,
30
(b)
removing matter from, or preventing the addition of matter to, the
service, or
(c)
controlling access to, or use of, the service.
Establishments
3     (1)
The establishments referred to in paragraph 1(2), (3) and (5) are—
35
(a)
an educational institution which is exclusively or mainly for the
provision of full-time education to children;
(b)
a hospital which is exclusively or mainly for the reception and
treatment of children;
(c)
an institution which is exclusively or mainly for the detention of
40
children;
(d)
a care home (for the purposes of the Care Standards Act 2000 (c. 14))
which is exclusively or mainly for children;
(e)
a children’s home (within the meaning of section 1 of that Act);
(f)
a home provided in pursuance of arrangements under section 82(5)
45
of the Children Act 1989 (c. 41);
(g)
relevant childcare premises.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 3 — Regulated Activity
Part 1 — Regulated activity relating to children
43

      (2)
Relevant childcare premises are any part of premises on which a person
carries on—
(a)
any form of childcare (within the meaning of section 18 of the
Childcare Act 2006) in respect of which he must be registered under
that Act;
5
(b)
any form of such childcare in respect of which he may be registered
under that Act, whether or not he is so registered;
(c)
any form of childminding or day care (within the meaning of section
79A of the Children Act 1989 (c. 41)) in respect of which he must be
registered under that Act.
10
Positions
4     (1)
The persons referred to paragraph 1(4) are—
(a)
member of the governing body of an educational establishment
mentioned in section 8(4);
(b)
member of a relevant local government body;
15
(c)
director of children’s services of a local authority in England;
(d)
director of adult social services of a local authority in England;
(e)
director of social services of a local authority in Wales;
(f)
chief education officer of a local authority in Wales;
(g)
charity trustee of a children’s charity;
20
(h)
member of the Youth Justice Board for England and Wales;
(i)
Children’s Commissioner or deputy Children’s Commissioner
appointed under Part 1 of the Children Act 2004 (c. 31);
(j)
Children’s Commissioner for Wales or deputy Children’s
Commissioner for Wales;
25
(k)
operator of a database established in pursuance of section 12(1)(a) or
(b) or 29(1)(a) or (b) of the Children Act 2004;
(l)
member of a Local Safeguarding Children Board established under
section 13 or 31 of that Act;
(m)
member or chief executive of the Children and Family Court
30
Advisory and Support Service;
(n)
member or chief executive of IBB.
      (2)
For the purposes of sub-paragraph (1)(b), a person is a member of a relevant
local government body if—
(a)
he is a member of a local authority and discharges any education
35
functions, or social services functions, of a local authority;
(b)
he is a member of an executive of a local authority which discharges
any such functions;
(c)
he is a member of a committee of an executive of a local authority
which discharges any such functions;
40
(d)
he is a member of an area committee, or any other committee, of a
local authority which discharges any such functions.
      (3)
Any reference in sub-paragraph (2) to a committee includes a reference to
any sub-committee which discharges any functions of that committee.
      (4)
A charity is a children’s charity if the individuals who are workers for the
45
charity normally include individuals engaging in regulated activity relating
to children.