Safeguarding Vulnerable Groups Act 2006 (c. 47)

(The document as of February, 2008)

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Police Act 1997 (c. 50)

14 (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).

(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), in subsection (2)(b) after "required" insert "for the purposes of an exempted question asked".

(4) After section 113B insert--

" 113BA Suitability information relating to children

(1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children.

(2) Suitability information relating to children is--

(a) whether the applicant is barred from regulated activity relating to children;

(b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred;

(d) whether the Independent Barring Board is considering whether to include the applicant in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the 2006 Act.

(3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that "prescribed" must be construed in accordance with section 125 of this Act.

(4) "The 2006 Act" means the Safeguarding Vulnerable Groups Act 2006.

113BB Suitability information relating to vulnerable adults

(1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults.

(2) Suitability information relating to vulnerable adults is --

(a) whether the applicant is barred from regulated activity relating to vulnerable adults;

(b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred;

(d) whether the Independent Barring Board is considering whether to include the applicant in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the 2006 Act.

(3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that "prescribed" must be construed in accordance with section 125 of this Act.

(4) "The 2006 Act" means the Safeguarding Vulnerable Groups Act 2006.

113BC Suitability information: power to amend

(1) The Secretary of State may by order made by statutory instrument--

(a) amend section 113BA for the purpose of altering the meaning of suitability information relating to children;

(b) amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults.

(2) Such an order is subject to annulment in pursuance of a resolution of either House of Parliament. "

(5) In section 114 (criminal record certificates: Crown employment), in subsection (3), for "Sections 113A(3) to (6) and 113C to 113F" substitute "Section 113A(3) to (6)".

(6) In section 116 (enhanced criminal record certificates: judicial appointments and Crown employment), in subsection (3), for "113C to 113F" substitute "113BA to 113BC".

(7) In section 119 (sources of information)--

(a) in subsection (1), for the words from "his functions" to the end substitute "a relevant function";

(b) before subsection (2) insert--

" (1B) The Secretary of State may require the chief officer of a police force to make available such information as he may specify for the purpose of determining, in relation to applications under section 113B, whether the police force is a relevant police force. " ;

(c) in subsection (2) after "or 116" insert "or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006";

(d) 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;

(b) under this Part in relation to the determination of whether a person should continue to be a registered person;

(c) under section 24 of the Safeguarding Vulnerable Groups Act 2006 in relation to monitoring a person in relation to a regulated activity (within the meaning of that Act);

(d) under paragraph 1, 2, 7 or 8 of Schedule 3 to that Act (considering whether criteria prescribed for the purpose of that paragraph apply to an individual). "

Data Protection Act 1998 (c. 29)

15 (1) The Data Protection Act 1998 is amended as follows.

(2) In section 56 (prohibition of requirement as to production of certain records) in the table in subsection (6)--

(a) in the second column of the entry relating to the Secretary of State, after paragraph (f) insert--

" (g) His functions under the Safeguarding Vulnerable Groups Act 2006. "

(b) after the entry relating to the Department of Health and Social Services in Northern Ireland insert--

" 4. The Independent Barring Board

Its functions under the Safeguarding Vulnerable Groups Act 2006. "

(3) In section 75 (commencement etc.), after subsection (4) insert--

" (4A) Subsection (4) does not apply to section 56 so far as that section relates to a record containing information relating to--

(a) the Secretary of State's functions under the Safeguarding Vulnerable Groups Act 2006, or

(b) the Independent Barring Board's functions under that Act. "

Care Standards Act 2000 (c. 14)

16 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 Safeguarding Vulnerable Groups Act 2006). "

Section 63

SCHEDULE 10 Repeals

Short title and chapter	Extent of repeal
Children Act 1989 (c. 41)	In Schedule 9A, in paragraph 4(2), paragraphs (a) and (b)
Police Act 1997 (c. 50)	Sections 113C to 113F
Teaching and Higher Education Act 1998 (c. 30)	Section 2(4) In section 3(3), paragraph (a) Section 15(4)
Protection of Children Act 1999 (c. 14)	Sections 1 to 4C and 7 In section 9(1), the words from "which shall exercise" to the end In section 9(2), paragraphs (a), (b) and (e) Section 9(3A) In section 12, all the definitions in subsection (1) except the definition of "prescribed", and subsections (2) to (3A) Section 13
Care Standards Act 2000 (c. 14)	Sections 80 to 89, 91 to 99 and 101 In Schedule 4, in paragraph 26, both of the sub-paragraphs numbered (2) and sub-paragraph (4)
Criminal Justice and Court Services Act 2000 (c. 43)	Sections 24 and 26 to 38 In section 42(1), the definition of "disqualification order" Schedule 4 In Schedule 7, paragraphs 155, 157 and 158
Education Act 2002 (c. 32)	Sections 142 to 144 In Schedule 21, paragraphs 75, 76(b), 86(2), 121, 122(a), 123 and 128
Adoption and Children Act 2002 (c. 38)	In Schedule 3, paragraph 94
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)	Section 189(1) to (3) In Schedule 9, paragraph 14
Criminal Justice Act 2003 (c. 44)	Section 299 Schedule 30
Children Act 2004 (c. 31)	Section 39 In Schedule 1, paragraph 11 In Schedule 2, paragraphs 6 and 7
Civil Partnership Act 2004 (c. 33)	In Schedule 21, paragraph 49A
Constitutional Reform Act 2005 (c. 4)	In Schedule 11, paragraph 35
Inquiries Act 2005 (c. 12)	In Schedule 2, paragraphs 18 and 19
Serious Organised Crime and Police Act 2005 (c. 15)	Schedule 14, paragraph 2
Childcare Act 2006 (c. 21)	In section 75(3), paragraphs (a) and (b)

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