Safeguarding Vulnerable Groups Act 2006 (c. 47)

(The document as of February, 2008)

-- Back --

Page 8

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

9 (1) This paragraph applies if--

(a) a regulated activity provider permits B to engage in an activity that is regulated activity,

(b) B engages in the activity with the permission of that and another regulated activity provider (C), and

(c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if he obtains from C--

(a) a copy of an enhanced criminal record certificate relating to B issued in relation to C during the prescribed period, and

(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

(3) The confirmation is written confirmation--

(a) that C is appropriately registered in relation to B,

(b) that C has no reason to believe that B is barred from the activity,

(d) that no information has been disclosed to C in pursuance of section 113B(6)(b) of the Police Act 1997 in connection with the enhanced criminal record certificate.

10 (1) This paragraph applies if--

(a) a regulated activity provider permits B to engage in regulated activity,

(b) B is supplied by a personnel supplier, and

(2) The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier--

(a) a copy of an enhanced criminal record certificate relating to B issued in relation to the personnel supplier during the prescribed period, and

(b) the confirmation mentioned in sub-paragraph (3) during the prescribed period.

(3) The confirmation is written confirmation--

(a) that the personnel supplier is appropriately registered in relation to B,

(b) that the personnel supplier has no reason to believe that B is barred from the activity,

(c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity, and

(d) that no information has been disclosed to the personnel supplier in pursuance of section 113B(6)(b) of the Police Act 1997 (c. 50) in connection with the enhanced criminal record certificate.

Part 4 Definitions and power to amend

11 In this Schedule "enhanced criminal record certificate" means--

(a) in relation to regulated activity relating to children, an enhanced criminal record certificate issued under the Police Act 1997 containing suitability information relating to children (within the meaning of section 113BA of that Act);

(b) in relation to regulated activity relating to vulnerable adults, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).

12 For the purposes of this Schedule an enhanced criminal record certificate is issued in relation to a regulated activity provider, or personnel supplier, only if--

(a) he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997, or

(b) the application was countersigned on his behalf by such a person.

13 For the purposes of this Schedule a regulated activity provider, or personnel supplier, is "appropriately registered" in relation to B if--

(a) he is registered in relation to B under section 32,

(b) his registration relates to monitoring in relation to the activity that he has permitted or supplied B to engage in, and

(c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.

14 The Secretary of State may by order amend the preceding provisions of this Schedule for the purpose of altering what constitutes obtaining an appropriate verification.

Section 12

SCHEDULE 6 Employment businesses: failure to check

Offences

1 (1) A person (P) who carries on an employment business commits an offence if--

(a) he supplies an individual (B) to another person in the course of that business,

(b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and

(2) P is appropriately registered in relation to B if--

(a) he is registered in relation to B under section 32,

(b) his registration relates to monitoring in relation to the activity, and

(c) he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2 (1) In such circumstances as are prescribed, a person (P) who carries on an employment business commits an offence if--

(a) he supplies an individual (B) to another person in the course of that business,

(b) he knows or has reason to believe that the other person will permit B to engage in regulated activity, and

(c) he fails to obtain a copy of an enhanced criminal record certificate relating to B issued in relation to P during the prescribed period.

(2) For these purposes "enhanced criminal record certificate" means--

(a) in relation to regulated activity relating to children, an enhanced criminal record certificate issued under the Police Act 1997 (c. 50) containing suitability information relating to children (within the meaning of section 113BA of that Act);

(3) An enhanced criminal record certificate is issued in relation to P only if --

(a) he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997 Act, or

(b) the application was countersigned on his behalf by such a person.

(4) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defences

3 (1) P does not commit an offence under paragraph 1 or 2 if the regulated activity--

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

(b) falls within section 16.

(2) P does not commit an offence under paragraph 1 or 2 in relation to any period during which B is continuously supplied to another if the period begins before the commencement of this Schedule.

(3) Sub-paragraph (2) does not apply in relation to a period falling after such date as the Secretary of State specifies by order.

Modified meaning of regulated activity

4 For the purposes of this Schedule, Schedule 4 is modified as follows--

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) in paragraph 7(1), the words "if it is carried out frequently by the same person or the period condition is satisfied" must be disregarded;

Power to amend paragraph 2(1)(c)

5 The Secretary of State may by order amend paragraph 2(1)(c) for the purpose of requiring an employment business to carry out such checks in relation to B as may be specified.

Offence: acting for P etc

6 If the commission of an offence under paragraph 1 or 2 is due to the act or reckless default of a person who acts for or appears to act for P--

(a) that person is guilty of the offence, and

(b) he may be proceeded against and punished whether or not proceedings are also taken against P.

Section 30

SCHEDULE 7 Vetting Information

1 This is the table referred to in sections 30 and 32--

Column 1	Column 2
1. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to children	Children
2. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adults	Vulnerable adults
3. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to children	Children
4. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to vulnerable adults	Vulnerable adults
5. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to children	Children
6. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adults	Vulnerable adults
7. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to children	Children
8. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to vulnerable adults	Vulnerable adults
9. Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity provider	Children
10. Parent who is considering whether B should be a private foster parent (within the meaning of section 53) in relation to his child	Children
11. Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fostered	Children
12. Local authority (within the meaning of the Children Act 1989) in the exercise of functions under section 67 of that Act considering whether B is suitable -- (a) to foster a child privately (within the meaning of that Act); (b) to live in premises in which a child is so fostered	Children
13. Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity provider	Vulnerable adults
14. Person who carries on an adult placement scheme and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme	Vulnerable adults
15. Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a child	Children
16. Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adults	Vulnerable adults
17. Appropriate officer (within the meaning of section 13) who is required to obtain relevant information relating to B	Children
18. Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to section 5(1) or 34(1) of the Learning and Skills Act 2000 (c. 21), if engaging in the activity gives B the opportunity to have contact with children	Children
19. Person of a prescribed description who is performing a prescribed function in connection with B in such circumstances as are prescribed	(a) Children (if prescribed for the purposes of this entry); (b) vulnerable adults (if prescribed for the purposes of this entry)

2 The Secretary of State may by order amend any of entries 1 to 18 in column 1 of the table.

3 (1) In entries 1 and 5 in the table the reference to regulated activity must be construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 4 if the activity--

(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.

(2) In entries 1, 2, 5, 6, 9 and 13 in the table the reference to regulated activity includes a reference to an activity which would be a regulated activity if--

(a) it were carried out frequently, or

(b) it were not merely incidental to another activity.

(3) In entries 3, 4, 7 and 8 in the table the reference to controlled activity includes a reference to an activity which would be a controlled activity if it were carried out frequently.

4 Parental responsibility has the same meaning as in the Children Act 1989 (c. 41).

5 A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.

6 An adult placement scheme is a scheme--

(a) under which an individual agrees with the person carrying on the scheme to provide accommodation, in the home in which the individual ordinarily resides, to an adult who is in need of it, and

(b) in respect of which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14).

Section 62

SCHEDULE 8 Transitional provisions

Advice by IBB

1 IBB must provide the Secretary of State with such advice as he requests in connection with--

(a) any decision in relation to the inclusion of a person in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);

(b) any decision in relation to the inclusion of a person in the list kept under section 81 of the Care Standards Act 2000 (c. 14);

Existing restrictions relating to children

2 (1) This paragraph applies to a person who is--

(a) included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (individuals considered unsuitable to work with children);

(b) disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (c. 43);

(2) The Secretary of State may, by order, make such provision as he thinks appropriate--

(a) requiring IBB to include the person in the children's barred list;

(b) requiring IBB to consider including the person in the children's barred list;

(c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made;

(d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;

(e) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with IBB's consideration of any matter relating to the person.

(3) An order under this paragraph may contain provision--

(a) enabling the General Teaching Council for England to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998 (c. 30);

(b) enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998;

(d) for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b).

(4) In sub-paragraph (3)(c) and (d) "prescribe" means prescribe by regulations made by statutory instrument.

(5) Regulations made by virtue of sub-paragraph (3)(c) are subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Regulations made by virtue of sub-paragraph (3)(d) are subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7) Sections 61(5) and 64(1) apply to power to make regulations by virtue of sub-paragraph (3)(c) or (d) as they apply to power to make regulations under this Act.

Existing restrictions relating to vulnerable adults

3 (1) This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (c. 14) (individuals considered unsuitable to work with certain adults).

(2) The Secretary of State may, by order, make such provision as he thinks appropriate--

(a) requiring IBB to include the person in the adults' barred list;

(b) requiring IBB to consider including the person in the adults' barred list;

(c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made;

(d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;

(e) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with IBB's consideration of any matter relating to the person.

Existing restrictions: supplementary

4 An order under paragraph 2 or 3 may--

(a) modify any criminal offence created by this Act;

(b) create any new criminal offence,

but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.

Modifications relating to monitoring

5 (1) The Secretary of State may by order provide that in relation to permission to engage in regulated activity having effect during the transitional period, references in section 11(1) and (2) to ascertaining whether B is subject to monitoring in relation to an activity have effect as references to ascertaining whether B is barred from that activity.

(2) The transitional period is the period--

(a) beginning with the commencement of section 2, and

(b) ending with the commencement of section 24.

Section 63

SCHEDULE 9 Amendments

Part 1 Existing lists

Children Act 1989 (c. 41)

1 In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert--

" (ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); " .

Teaching and Higher Education Act 1998 (c. 30)

2 The Teaching and Higher Education Act 1998 is amended as follows.

3 Section 2(4) (advisory functions of General Teaching Council) is omitted.

4 In section 3(3) (eligibility for registration), after paragraph (a) insert--

" (aa) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006), " .

5 (1) Section 15 (supply of information following dismissal etc) is amended as follows.

(2) In subsection (1)--

(a) in paragraph (a) for "a person's services on a ground mentioned in section 142 of the Education Act 2002" substitute "the services of a registered teacher on a ground mentioned in subsection (1A)";

(b) in paragraph (b)--

(i) for "a person's" substitute "a registered teacher's";

(ii) for "section" substitute "subsection";

(iii) for "the person" substitute "the teacher".

(3) After subsection (1) insert--

" (1A) The grounds are--

(a) misconduct;

(b) professional incompetence;

(4) In subsection (2)--

(a) for "a person" substitute "a teacher";

(b) for the words from "such of the following" to the end substitute "the Council".

(5) In subsection (3)--

(a) for "a person" substitute "a teacher";

(b) for the words from "such of the following" to the end substitute "the General Teaching Council for Wales".

(6) Omit subsection (4).

(7) In subsection (5) for the definition of "relevant employer" substitute--

" "relevant employer" means--

(a) a local education authority;

(b) a person exercising a function relating to the provision of education on behalf of a local education authority;

(d) the governing body of a further education institution;

"education" includes vocational, social, physical and recreational training;

"proprietor" and "school" have the meanings given in the Education Act 1996;

"further education institution" has the meaning given in section 140 of the Education Act 2002; " .

6 (1) Section 15A (supply of information by contractor, agency, etc) is amended as follows.

(2) In subsection (1) for "another person (the "worker")" substitute "a registered teacher (the "teacher")".

(3) In subsection (2)--

(a) in paragraph (a) for "section 142 of the Education Act 2002" substitute "section 15(1A)";

(b) in paragraph (b) for "section" substitute "subsection";

(i) for "worker" substitute "teacher";

(ii) for "section" substitute "subsection".

(4) In subsection (3)--

(a) for "worker" substitute "teacher";

(b) for the words from "such of the following" to the end substitute "the Council".

(5) In subsection (4)--

(a) for "worker" substitute "teacher";

(b) for the words from "such of the following" to the end substitute "the General Teaching Council for Wales".

(6) In subsection (9)--

(a) for "Subsections (4) and" substitute "Subsection";

(b) for "they apply" substitute "it applies".

7 In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from "of the powers exercisable" to the end substitute "of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006".

Protection of Children Act 1999 (c. 14)

8 (1) The Protection of Children Act 1999 is amended as follows.

(2) Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted.

(3) In section 9 (the Tribunal)--

(a) in subsection (1), omit the words from "which shall exercise" to the end;

(b) in subsection (2)--

(i) omit paragraphs (a) and (b);

(ii) in paragraph (d), for "68, 86, 87 or 88" substitute "or 68";

(iii) omit paragraph (e);

(4) In section 12 (interpretation)--

(a) in subsection (1), omit all the definitions except the definition of "prescribed";

(b) omit subsections (2) to (3A).

Care Standards Act 2000 (c. 14)

9 Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted.

Childcare Act 2006

10 (1) In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert--

" (ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); " .

Part 2 Other amendments

Police Pensions Act 1976 (c. 35)

11 (1) The Police Pensions Act 1976 is amended as follows.

(2) In section 7(2) (persons eligible for police pensions), after paragraph (cf) insert--

" (cg) a member of staff of the Independent Barring Board who holds the office of constable; " .

(3) In section 11--

(a) in subsection (1) (references to membership of a police force etc.), after paragraph (bf) insert--

" (bg) service, by a person holding the office of constable, as a member of staff of the Independent Barring Board; "

(b) in subsection (2) (meaning of "police authority"), after paragraph (f) insert--

" (bg) in relation to any service such as is mentioned in subsection (1)(bg), it means the Independent Barring Board; "

Children Act 1989 (c. 41)

12 In section 68 of the Children Act 1989 (persons disqualified from being private foster parents) after subsection (3) insert--

" (3A) A person shall not foster a child privately if--

(a) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or

(b) he lives in the same household as a person who is barred from such activity. "

Police Act 1996 (c. 16)

13 (1) Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.

(2) In subsection (1) (meaning of "relevant service"), after paragraph (cg) insert--

" (ch) temporary service with the Independent Barring Board on which a person is engaged with the consent of the appropriate authority; " .

(3) In subsections (6)(a) and (8), after "(cg)" insert ", (ch)".

Police Act 1997 (c. 50)

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

-- Back --

Stat