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 3 — Regulated Activity
Part 2 — Regulated activity relating to vulnerable adults
44

      (5)
An individual is a worker for a charity if he does work under arrangements
made by the charity; but the arrangements referred to in this sub-paragraph
do not include any arrangements made for purposes which are merely
incidental to the purposes for which the charity is established.
      (6)
In this paragraph—
5
“area committee” has the same meaning as in section 18 of the Local
Government Act 2000 (c. 22),
“charity” and “charity trustee” have the same meanings as in the
Charities Act 1993 (c. 10),
“education functions”, in relation to a local authority, means any
10
functions with respect to education which are conferred on the
authority in its capacity as a local education authority,
“executive”, in relation to a local authority, has the same meaning as in
Part 2 of the Local Government Act 2000,
“local authority” has the same meaning as in the Education Act 1996
15
(c. 56),
“social services functions”, in relation to a local authority, has the same
meaning as in the Local Authority Social Services Act 1970 (c. 42).
Part 2
Regulated activity relating to vulnerable adults
20
5     (1)
Each of the following is a regulated activity relating to vulnerable adults if it
is carried out frequently by the same person—
(a)
any form of training, teaching or instruction provided wholly or
mainly for vulnerable adults;
(b)
any form of care for or supervision of vulnerable adults;
25
(c)
any form of assistance, advice or guidance provided wholly or
mainly for vulnerable adults;
(d)
any form of treatment or therapy provided for a vulnerable adult;
(e)
anything done on behalf of a vulnerable adult in such circumstances
as are prescribed.
30
      (2)
An activity carried out in a care home (for the purposes of the Care
Standards Act 2000 (c. 14)) which is exclusively or mainly for vulnerable
adults is a regulated activity relating to vulnerable adults if—
(a)
it is carried out at the establishment frequently by the same person,
and
35
(b)
it gives that person the opportunity, in consequence of anything he
is permitted or required to do in connection with the activity, to have
contact with vulnerable adults.
      (3)
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
40
in sub-paragraph (1) or (2) is a regulated activity relating to vulnerable
adults.
      (4)
The exercise by a body specified in sub-paragraph (5) of a function under
Chapter 3, 4, 5 or 6 of Part 2 of the Health and Social Care (Community
Health and Standards) Act 2003 (c. 43) (inspection of health care and social
45
services) is a regulated activity relating to vulnerable adults.
      (5)
These are the bodies—

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information
45

(a)
the Commission for Healthcare Audit and Inspection;
(b)
the Commission for Social Care Inspection;
(c)
the National Assembly for Wales.
      (6)
The exercise of the functions of the director of social services of a local
authority (within the meaning of section 1 of the Local Authority Social
5
Services Act 1970 (c. 42)) is a regulated activity relating to vulnerable adults.
Schedule 4
Section 25

Vetting Information
1     (1)
The Secretary of State must provide a person who falls within column 1 of
the table below (A) with the information which relates to another person (B)
10
as specified in the corresponding entry in column 2 of that table if the
conditions in sub-paragraph (2) are satisfied.
      (2)
The conditions are—
(a)
A makes an application for the purposes of this Schedule containing
a declaration in the prescribed form or manner specifying the respect
15
in which he falls within column 1, and
(b)
B consents in the prescribed form and manner to the provision of the
information to A.

Applicant
Vetting Information

Person who is considering whether to permit
Relevant information relating

20

B to engage in regulated activity relating to
to children

children

Person who is considering whether to permit
Relevant information relating

B to engage in regulated activity relating to
to vulnerable adults

vulnerable adults

25

Person who is considering whether to permit
Relevant information relating

B to engage in controlled activity relating to
to children

children

Person who is considering whether to permit
Relevant information relating

B to engage in controlled activity relating to
to vulnerable adults

30

vulnerable adults

Personnel supplier who is considering
Relevant information relating

whether to supply B to a regulated activity
to children

provider for B to engage in regulated activity

relating to children

35

Personnel supplier who is considering
Relevant information relating

whether to supply B to a regulated activity
to vulnerable adults

provider for B to engage in regulated activity

relating to vulnerable adults

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information
46

Applicant
Vetting Information

Personnel supplier who is considering
Relevant information relating

whether to supply B to a person responsible
to children

for the management or control of controlled

activity for B to engage in controlled activity

5

relating to children

Personnel supplier who is considering
Relevant information relating

whether to supply B to a person responsible
to vulnerable adults

for the management or control of controlled

activity for B to engage in controlled activity

10

relating to vulnerable adults

Person who exercises regulatory functions in
Relevant information relating

respect of the provision of childcare services
to children

who is considering whether B is suitable to

live in premises with a person who provides

15

childcare on those premises

Local authority (within the meaning of the
Relevant information relating

Children Act 1989 (c. 41)) which is
to children

considering whether B is suitable to live in

premises in which a child is being fostered

20

Person who is considering whether to permit
Relevant information relating

B to have frequent access to health or
to children

educational records relating to a child

Person who is considering whether to permit
Relevant information relating

B to have frequent access to health records
to vulnerable adults

25

relating to a vulnerable adults

The Commission for Healthcare Audit and
Relevant information relating

Inspection
to children and relevant

information relating to

vulnerable adults

30

The Commission for Social Care Inspection
Relevant information relating

to children and relevant

information relating to

vulnerable adults

The National Assembly for Wales
Relevant information relating

35

to children and relevant

information relating to

vulnerable adults

The Public Guardian
Relevant information relating

to vulnerable adults

40

The keeper of a register specified in section
Relevant information relating

34(5)
to children and relevant

information relating to

vulnerable adults

Safeguarding Vulnerable Groups Bill [HL]
Schedule 4 — Vetting Information
47

Applicant
Vetting Information

Person of a prescribed description who is
Prescribed relevant

performing a prescribed function in
information

connection with B in such circumstances as

are prescribed

5

2
Sub-paragraph (b) of paragraph 1(2) does not apply if—
(a)
A is a supervisory authority (within the meaning of section 35(6)),
and
(b)
the information is required in connection with the exercise of a
function of the authority mentioned in that section.
10
3     (1)
In the first entry in the table the reference to regulated activity must be
construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 3 if
the activity A is considering whether to permit B to engage in—
(a)
relates to a child who has not attained the age of 16, or
(b)
is carried on for the purposes of the armed forces of the Crown.
15
      (2)
In the first and second entries in the table the reference to regulated activity
includes a reference to an activity which would be a regulated activity if it
were carried out frequently.
4     (1)
Relevant information relating to children is—
(a)
whether B is barred from regulated activity relating to children;
20
(b)
whether B is subject to monitoring in relation to regulated activity
relating to children;
(c)
whether, at the time the information is provided, IBB is considering
whether to include B in the children’s barred list in pursuance of
paragraph 3 or 5 of Schedule 2;
25
(d)
whether B is subject to a children’s direction and, if he is subject to
such a direction, such details as may be prescribed of the
circumstances in which the direction was given.
      (2)
Relevant information relating to vulnerable adults is—
(a)
whether B is barred from regulated activity relating to vulnerable
30
adults;
(b)
whether B is subject to monitoring in relation to regulated activity
relating to vulnerable adults;
(c)
whether, at the time the information is provided, IBB is considering
whether to include B in the adults’ barred list in pursuance of
35
paragraph 8 or 10 of that Schedule.
      (3)
Prescribed relevant information is such information corresponding to the
information mentioned in sub-paragraph (1) or (2) as is prescribed.
5
The Secretary of State may by order amend sub-paragraphs (1) and (2) of
paragraph 4 so as to add, remove or vary any paragraph for the time being
40
contained in them.
6     (1)
A children’s direction is—
(a)
a direction under section 142 of the Education Act 2002 (c. 32)
(prohibition from teaching, etc);

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments
48

(b)
anything which the Secretary of State specifies by order which he
thinks corresponds to such a direction and which is done for the
purposes of the law of Scotland or of Northern Ireland or of a country
or territory outside the United Kingdom.
      (2)
An order under sub-paragraph (1)(b) may make such modifications of
5
paragraph 4(1)(d) as the Secretary of State thinks necessary or expedient in
consequence of the order.
7
Childcare must be construed in accordance with section 18 of the Childcare
Act 2006.
Schedule 5
10
Section 46

Amendments
Pharmacy Act 1954 (c. 61)
1
In section 8 of the Pharmacy Act 1954 after subsection (1) insert—
“(1ZA)
For the purposes of subsection (1), misconduct includes a decision by
the Independent Barring Board that the person is to be included in a
15
barred list (within the meaning of the Safeguarding Vulnerable
Groups Act 2006).”
Medical Act 1983 (c.54)
2
In section 35C(2) of the Medical Act 1983 (functions of the Investigation
Committee), omit “or” at the end of paragraph (d) and after paragraph (e)
20
insert “; or
(f)
a decision by the Independent Barring Board that the person
is to be included in a barred list (within the meaning of the
Safeguarding Vulnerable Groups Act 2006).”
Dentists Act 1984 (c. 24)
25
3     (1)
The Dentists Act 1984 is amended as follows.
      (2)
In section 27(2) (allegations), omit “or” at the end of paragraph (f) and after
paragraph (g) insert “; or
(h)
a decision by the Independent Barring Board that the person
is to be included in a barred list (within the meaning of the
30
Safeguarding Vulnerable Groups Act 2006).”
      (3)
In section 36N(2) (allegations), omit “or” at the end of paragraph (f) and after
paragraph (g) insert “; or
(h)
a decision by the Independent Barring Board that the person
is to be included in a barred list (within the meaning of the
35
Safeguarding Vulnerable Groups Act 2006).”
      (4)
In their application to Scotland, the amendments made by this paragraph do
not have effect in relation to a profession in so far as provision may be made
for the regulation of the profession by an Act of the Scottish Parliament.

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments
49

Opticians Act 1989 (c. 44)
4
In section 13D(2) of the Opticians Act 1989 (allegations), omit “or” at the end
of paragraph (f) and after paragraph (g) insert “; or
(h)
a decision by the Independent Barring Board that the person
is to be included a barred list (within the meaning of the
5
Safeguarding Vulnerable Groups Act 2006).”
Osteopaths Act 1993 (c. 21)
5
In section 20(1) of the Osteopaths Act 1993 (professional conduct and fitness
to practise), omit “or” at the end of paragraph (c) and after paragraph (d)
insert “; or
10
(e)
a decision has been taken by the Independent Barring Board
that the person is to be included in a barred list (within the
meaning of the Safeguarding Vulnerable Groups Act 2006).”
Chiropractors Act 1994 (c. 17)
6
In section 20(1) of the Chiropractors Act 1994 (professional conduct and
15
fitness to practise), omit “or” at the end of paragraph (c) and after paragraph
(d) insert “; or
(e)
a decision has been taken by the Independent Barring Board
that the person is to be included in a barred list (within the
meaning of the Safeguarding Vulnerable Groups Act 2006).”
20
Police Act 1997 (c. 50)
7     (1)
The Police Act 1997 is amended as follows.
      (2)
In section 113A (criminal record certificates) after subsection (6) insert—
“(7)
The Secretary of State may by order amend the definitions of “central
records” and “relevant matter” in subsection (6).
25
(8)
The power to make an order under subsection (7) is exercisable by
statutory instrument, but no such order may be made unless a draft
of the instrument containing the order is laid before and approved by
resolution of each House of Parliament.”
      (3)
In section 113B (enhanced criminal record certificates)—
30
(a)
in subsection (2)(b) after “required” insert “for the purposes of an
exempted question asked”;
(b)
after subsection (3) insert—
“(3A)
In such cases as are prescribed, an enhanced criminal record
certificate must also include relevant information (within the
35
meaning of Schedule 4 of the Safeguarding Vulnerable
Groups Act 2006) relating to the individual.”
      (4)
In section 119 (sources of information)—
(a)
in subsection (1), for the words from “his functions” to the end
substitute “a relevant function”;
40
(b)
in subsection (2) after “or 116” insert “or for the purposes of section
21(4) of the Safeguarding Vulnerable Groups Act 2006”;

Safeguarding Vulnerable Groups Bill [HL]
Schedule 5 — Amendments
50

(c)
after subsection (7) insert—
“(8)
In this section a relevant function is a function of the
Secretary of State —
(a)
under this Part in relation to any application for a
certificate or for registration;
5
(b)
under this Part in relation to the determination of
whether a person should continue to be a registered
person;
(c)
under Schedule 2 to the Safeguarding Vulnerable
Groups Act 2006 in relation to the inclusion of a
10
person in a barred list (within the meaning of that
Act);
(d)
under section 21 of that Act in relation to monitoring
a person in relation to a regulated activity (within the
meaning of that Act).”
15
Care Standards Act 2000 (c. 14)
8
In section 58 of the Care Standards Act 2000, after subsection (3) insert—
“(4)
For the purposes of subsection (1)(a), in considering whether a
person is of good character, the Council may have regard to whether
he is included in a barred list (within the meaning of the
20
Safeguarding Vulnerable Groups Act 2006).”
Nursing and Midwifery Order 2001 (S.I. 2002/253)
9     (1)
The Nursing and Midwifery Order 2001 is amended as follows.
      (2)
In Article 5, after paragraph (2) insert—
“(2A)
For the purposes of paragraph (2)(b), in considering whether a
25
person is of good character, the Council may have regard to whether
he is included in a barred list (within the meaning of the
Safeguarding Vulnerable Groups Act 2006).”
      (3)
In Article 22, in paragraph (1)—
(a)
omit “or” after sub-paragraph (a)(iv);
30
(b)
after sub-paragraph (a)(v) insert “or
(vi)
a decision has been taken by the
Independent Barring Board that the
person is to be included in a barred list
(within the meaning of the
35
Safeguarding Vulnerable Groups Act
2006).”
Health Professions Order 2001 (S.I. 2002/254)
10    (1)
The Health Professions Order 2001 is amended as follows.
      (2)
In Article 5, after paragraph (2) insert—
40
“(2A)
For the purposes of paragraph (2)(b), in considering whether a
person is of good character, the Council may have regard to whether