Safeguarding Vulnerable Groups Act 2006 (c. 47)

(The document as of February, 2008)

-- Back --

Page 3

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

(a) regulated activity relating to children, or

(b) regulated activity relating to vulnerable adults.

(3) On a monitoring application being made the Secretary of State must--

(a) make such enquiries as he thinks appropriate to ascertain whether any relevant information exists in relation to the individual;

(b) request the person who holds such information to provide it to him.

(4) The Secretary of State must--

(a) provide the individual with any disclosable information that he has, or

(b) notify the individual that he has no disclosable information.

(5) Disclosable information is information provided to the Secretary of State under subsection (3)(b) in relation to the individual, but does not include information to which subsection (9) applies.

(6) Subsection (4) does not apply if the individual made an application for an enhanced criminal record certificate (under section 113B of the Police Act 1997 (c. 50)) simultaneously with his monitoring application.

(7) The Secretary of State must also ensure that--

(a) at such intervals as he thinks appropriate such enquiries are made as he thinks appropriate to ascertain whether any new relevant information exists in relation to the individual;

(b) the person who holds such new relevant information is requested to provide it to him.

(8) Relevant information is--

(a) the prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50));

(b) information which the chief officer of a relevant police force thinks might be relevant in relation to the regulated activity concerned;

(9) This subsection applies to information mentioned in subsection (8)(b) which the chief officer of a relevant police force thinks it would not be in the interests of the prevention or detection of crime to disclose to an individual subject to monitoring.

(10) A monitoring application is an application made to the Secretary of State in the prescribed form and manner.

(11) The prescribed requirements may include requirements as to the manner in which the applicant must prove his identity (identification requirements); and if such requirements include a requirement that the applicant has his fingerprints taken at such place and in such manner as may be prescribed, the regulations may make provision requiring their destruction in specified circumstances and by specified persons.

(12) For the purpose of verifying evidence of identity supplied in pursuance of the identification requirements the Secretary of State may obtain such information as he thinks is appropriate from data held--

(a) by the Identity and Passport Service;

(b) by the Driver and Vehicle Licensing Agency;

(d) by such other persons or for such purposes as is prescribed.

(13) Relevant information is new if it was not discovered when any earlier inquiries under this section were carried out.

(14) References to a relevant police force must be construed in accordance with section 113B of the Police Act 1997 as if an application under this section were an application under that section.

25 Monitoring: fees

(1) This section has effect in respect of fees which may be prescribed in relation to applications for monitoring under section 24.

(2) In setting a fee for an application made during the period of five years beginning with the commencement of that section, the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him before the end of that period (taking one financial year with another)--

(a) in connection with the operation of IBB (including payments under paragraph 11 of Schedule 1);

(b) in respect of any other expenditure of the Secretary of State in connection with his functions under this Act.

(3) In setting a fee for an application made after that period, the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him--

(a) in making payments under paragraph 11 of Schedule 1;

(b) in respect of any other expenditure of the Secretary of State in connection with his functions under this Act.

(4) For the purposes of subsection (2), it is immaterial that any expenditure is incurred before the commencement of section 24.

(5) The power to prescribe fees is exercisable only with the consent of the Treasury.

(6) Fees received by the Secretary of State by virtue of section 24(1)(d) must be paid into the Consolidated Fund.

26 Ceasing monitoring

(1) The Secretary of State may cease monitoring as mentioned in section 24 in relation to an individual in such circumstances as are prescribed.

(2) The Secretary of State must cease such monitoring in relation to an individual who--

(a) satisfies the Secretary of State that he is not engaged in the regulated activity concerned, and

(b) requests the Secretary of State to cease monitoring.

27 Prohibition of requirement to produce certain records

(1) A person (P) must not, in connection with--

(a) the recruitment of another person as an employee, or

(b) the continued employment of another person,

require that other person or a third party to supply him with a relevant record.

(2) A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record.

(3) Subsection (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 7(1) of Schedule 4 and the activity is for, or for the benefit, of--

(a) P himself;

(b) a child, or vulnerable adult, who is a member of P's family;

(4) "Family" and "friend" must be construed in accordance with section 58.

(5) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) A relevant record is the record of information provided by the Secretary of State under section 24(4).

(7) An employee is an individual who--

(a) works under a contract of employment, as defined by section 230(2) of the Employment Rights Act 1996 (c. 18),

(b) provides any service under a contract for services, or

whether or not he is entitled to remuneration; and "employment" must be construed accordingly.

28 Independent monitor

After section 119A of the Police Act 1997 (c. 50) (further sources of information: Scotland) insert--

" 119B Independent monitor

(1) There is to be an independent monitor for the purposes of this Part.

(2) The independent monitor is a person appointed by the Secretary of State--

(a) for such period, not exceeding three years, as the Secretary of State decides;

(b) on such terms as the Secretary of State decides.

(3) A person may be appointed for a further period or periods.

(4) The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.

(5) The independent monitor must review--

(a) all cases in which information is disclosed to a registered person in pursuance of section 113B(6)(b);

(b) a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;

(c) a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) or disclosed in pursuance of section 113B(5)(c) and (6)(b);

(d) all cases in which information is withheld from an individual because it is information to which section 24(9) of the Safeguarding Vulnerable Groups Act 2006 applies;

(e) a sample of cases in which relevant information (within the meaning of section 24(8)(b) of that Act) is provided to an individual in pursuance of section 24(4)(a) of that Act.

(6) The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.

(7) The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.

(8) The independent monitor may make recommendations to the Secretary of State as to--

(a) any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;

(b) any changes to any enactment which the monitor thinks may be appropriate.

(9) The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section. "

29 Part 5 of the Police Act 1997: code of practice

(1) Section 122 of the Police Act 1997 (c. 50) (code of practice) is amended as follows.

(2) In subsection (1) after "information provided to" insert ", or the discharge of any function by,".

(3) In subsection (3) for the words from "The Secretary of State" to "application" substitute "Subsection (3A) applies if the Secretary of State thinks that the registered person who countersigned an application for a certificate under section 113A or 113B".

(4) After subsection (3) insert--

" (3A) The Secretary of State may--

(a) refuse to issue the certificate;

(b) suspend the registration of the person;

(3B) Section 120AB applies if the Secretary of State proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he proposes to suspend or cancel a person's registration by virtue of section 120AA. "

Notices and information

30 Provision of vetting information

(1) The Secretary of State must provide a person (A) with the information mentioned in subsection (4) in relation to another (B) if--

(a) A makes an application for the information,

(b) the application contains the appropriate declaration, and

(2) The appropriate declaration is a declaration by A--

(a) that he falls within column 1 of a specified entry, and

(b) that B has consented to the provision of the information to A.

(3) In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.

(4) The information is--

(a) if column 2 of the specified entry refers to children, relevant information relating to children, and

(b) if column 2 of the specified entry refers to vulnerable adults, relevant information relating to vulnerable adults.

(5) Paragraph (b) of subsection (2) does not apply if the specified entry is 17.

(6) If B consents to the provision of information to A in relation to an application under this section, the consent also has effect in relation to any subsequent such application by A.

(7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).

(8) The Secretary of State may by regulations make provision requiring a local authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under section 17A of the Children Act 1989 (c. 41) or section 57 of the Health and Social Care Act 2001 (c. 15) to inform the person of his right to obtain relevant information under this section.

31 Meaning of relevant information in section 30

(1) This section has effect for the purposes of section 30.

(2) Relevant information relating to children is--

(a) whether B is subject to monitoring in relation to regulated activity relating to children, and

(b) if so, whether he is undergoing assessment.

(3) Relevant information relating to vulnerable adults is--

(a) whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and

(b) if so, whether he is undergoing assessment.

(4) B is undergoing assessment if--

(a) the Secretary of State is required to notify B as mentioned in section 24(4) in connection with B's monitoring application but has not yet done so;

(b) B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section;

(c) in relation to subsection (2)(b), IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3;

(d) in relation to subsection (3)(b), IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of that Schedule.

(5) In subsection (4)(b) "simultaneous application" means an application made simultaneously with B's monitoring application under section 24.

(6) The Secretary of State may by order amend the preceding provisions of this section for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).

32 Notification of cessation of monitoring

(1) The Secretary of State must establish and maintain a register for the purposes of this section.

(2) The Secretary of State must register a person (A) in relation to another (B) if--

(a) A makes an application to be registered in relation to B,

(b) the application contains the appropriate declaration,

(d) B is subject to monitoring in relation to the regulated activity to which the application relates.

(3) The appropriate declaration is a declaration by A--

(a) that he falls within column 1 of a specified entry, and

(b) that B has consented to the application.

(4) In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.

(5) A's application and registration relate--

(a) if column 2 of the specified entry refers to children, to regulated activity relating to children;

(b) if column 2 of the specified entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.

(6) The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates.

(7) The requirement under subsection (6) is satisfied if notification is sent to any address recorded against A's name in the register.

(8) Paragraph (b) of subsection (3) does not apply if the specified entry is 17.

(9) If B consents to the provision of information to A under section 30 the consent also has effect as consent to any application by A to be registered in relation to B under this section.

(10) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).

33 Cessation of registration

(1) In this section references to registration are to registration in the register maintained for the purposes of section 32.

(2) Once a person is notified as mentioned in subsection (6) of that section, his registration ceases.

(3) The Secretary of State may cancel a person's registration in such circumstances as are prescribed.

(4) The Secretary of State must cancel a person's registration--

(a) if the person applies for it to be cancelled;

(b) in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled.

(5) When a person's registration is cancelled under subsection (3) or (4)(b), the Secretary of State must notify him of that fact.

(6) The requirement under subsection (5) is satisfied if notification is sent to any address recorded against A's name in the register.

34 Declarations under sections 30 and 32

(1) An individual commits an offence if, in an application made for the purposes of section 30 or 32--

(a) he makes a false declaration, and

(b) he either knows that it is false or is reckless as to whether it is false.

(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.

35 Regulated activity providers: duty to refer

(1) Subsection (2) applies to--

(a) a regulated activity provider who holds any prescribed information in relation to a person (P) engaged in regulated activity provided by him;

(b) a responsible person (within the meaning of section 23) who holds any prescribed information in relation to a person (P) whom he permits to engage in controlled activity.

(2) A person to whom this subsection applies must provide IBB with the information if--

(a) he withdraws permission for P to engage in the activity for a reason mentioned in subsection (3), or

(b) he does not withdraw permission for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity.

(3) The reasons are that the person to whom subsection (2) applies thinks--

(a) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,

(b) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or

(4) The harm test is that P may--

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(5) For the purposes of subsection (3)(b), conduct is inappropriate if it appears to the person to whom subsection (2) applies to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.

(6) If regulated activity engaged in by P--

(a) is regulated activity relating to vulnerable adults, and

(b) falls within section 16,

subsection (2) must be read as if for "must" there were substituted "may".

(7) This section does not apply if the conditions specified in subsection (2) are fulfilled before the section is commenced.

36 Personnel suppliers: duty to refer

(1) A personnel supplier must provide IBB with any prescribed information it holds in relation to a person (P) who has been supplied by it to another person if the supplier knows that P has ceased to be engaged in regulated activity or controlled activity in the circumstances mentioned in subsection (2)(a) or (b) of section 35.

(2) A personnel supplier which is an employment agency or employment business must provide IBB with any prescribed information it holds in relation to a person (P) for whom it acts if--

(a) the agency or business determines to cease to act for P for a reason mentioned in subsection (4), or

(b) it does not determine to cease to act for P for such a reason but would or might have done so if its arrangement with, or employment of, him had not otherwise come to an end.

(3) A personnel supplier which is an educational institution must provide IBB with any prescribed information it holds in relation to a student (P) following a course at the institution if--

(a) the institution determines to cease to supply P to another person for him to engage in regulated or controlled activity for a reason mentioned in subsection (4),

(b) the institution determines that P should cease to follow a course at the institution for a reason mentioned in subsection (4), or

(c) it does not determine as mentioned in paragraph (a) or (b) for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course.

(4) The reasons are that the personnel supplier thinks--

(a) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,

(b) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or

(5) The harm test is that P may--

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(6) For the purposes of subsection (4)(b), conduct is inappropriate if it appears to the personnel supplier to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.

(7) An employment agency acts for a person if it makes arrangements with him with a view to--

(a) finding him employment with an employer, or

(b) supplying him to employers for employment by them.

(8) An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity.

(9) In this section "employment" has the same meaning as in the Employment Agencies Act 1973 (c. 35).

(10) This section does not apply if the conditions specified in subsection (1), (2) or (3) are fulfilled before the section is commenced.

37 Regulated activity providers: duty to provide information on request &c.

(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) IBB may require--

(a) any regulated activity provider who has made arrangements for that person to engage in regulated activity (whether or not the arrangements are still in place),

(b) any responsible person (within the meaning of section 23) who permits or has permitted that person to engage in controlled activity,

(c) any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or

(d) any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated or controlled activity,

to provide IBB with any prescribed information he or it holds relating to the person.

(3) An employment agency acts for a person if it makes arrangements with him with a view to--

(a) finding him relevant employment with an employer, or

(b) supplying him to employers for relevant employment by them.

(4) Relevant employment is employment which consists in or involves engaging in regulated or controlled activity.

(5) An employment business acts for a person if it employs him to engage in regulated or controlled activity for and under the control of other persons.

(6) In this section "employment" has the same meaning as in the Employment Agencies Act 1973 (c. 35).

38 Duty to provide information: offences

(1) A person commits an offence if--

(a) he is required under section 35 or 36 or in pursuance of section 37 to provide information to IBB, and

(b) he fails, without reasonable excuse, to provide the information.

(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.

Local authority information and referrals

39 Local authorities: duty to refer

(1) A local authority must provide IBB with any prescribed information they hold relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the local authority thinks--

(a) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or

(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,

(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 local authority 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, 7 or 8 of Schedule 3 applies) that IBB may consider it appropriate for the person to be included in a barred list.

(5) A local authority may provide IBB with any prescribed information it holds relating to a person if--

(a) the local authority think that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and

(b) the condition in subsection (4) is satisfied.

(6) For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.

(7) "Local authority" has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39).

40 Local authorities: duty to provide information on request

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9

-- Back --

Stat