SCHEDULES
F127SCHEDULE 1F9Independent Safeguarding Authority
Words in Sch. 1 heading substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(ii), 116(5)(a)
Membership
I11I671
1
F12ISA shall consist of—
a
a chairman;
b
such number of other members as the Secretary of State decides.
2
The chairman and other members—
a
are to be appointed by the Secretary of State;
b
must appear to the Secretary of State to have knowledge or experience of any aspect of child protection or the protection of vulnerable adults.
Tenure of office
I12I682
1
The chairman and members hold and must vacate office as such in accordance with the terms of their respective appointments.
2
The appointment of a person to hold office is for a term not exceeding five years.
3
A person holding office may at any time resign that office by giving notice in writing to the Secretary of State.
4
The Secretary of State may by notice in writing remove a person from office if satisfied that any of the following applies to him—
a
he has, without reasonable excuse, failed, for a continuous period of three months, to carry out his functions;
b
he has been convicted (whether before or after his appointment) of a criminal offence;
c
he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged;
F125ca
a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);
d
he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland;
F126da
he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45);
e
he has made a composition or arrangement with, or granted a trust deed for, his creditors;
f
he has failed to comply with the terms of his appointment;
g
he is otherwise unable or unfit to carry out his functions as chairman or member.
5
A person who ceases to be chairman or a member is eligible for re-appointment, except where he is removed from office under sub-paragraph (4).
Remuneration, pension etc. of members
I13I693
1
F9ISA must pay to the chairman and each of the other members such remuneration and allowances as may be determined by the Secretary of State.
2
F9ISA must, if required to do so by the Secretary of State—
a
pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or a member, or
b
make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.
3
If the Secretary of State thinks that there are special circumstances which make it right for a person ceasing to hold office as chairman or a member to receive compensation, F9ISA must pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.
4
Service as chairman or other member of F9ISA is included among the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of service are listed) insert at the appropriate place— “
The F9Independent Safeguarding Authority.
”
5
F9ISA must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under that Act.
Staff
I14I704
1
F9ISA shall have—
a
a chief executive;
b
such other employees as it may appoint.
2
The chairman may be appointed as chief executive.
3
4
Remuneration, pensions etc. of staff
I15I715
1
F9ISA must pay to its employees such remuneration and allowances as it may determine.
2
F9ISA may pay, or make payments in respect of, such pensions, allowances or gratuities to or in respect of its employees or former employees as it may determine.
3
Employment with F9ISA is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) insert at the appropriate place— “
Employment by the F9Independent Safeguarding Authority.
”
4
If any person—
a
on ceasing to be employed by F9ISA becomes or continues to be one of its members, and
b
was, by reference to his employment, a participant in a scheme under section 1 of that Act,
5
F9ISA must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.
Delegation of functions
I16I726
1
F9ISA may to such extent as it may determine delegate any of its functions to—
a
one of its members;
b
a member of its staff;
c
a committee consisting of some of its members, members of its staff or both members and members of staff.
2
A committee mentioned in sub-paragraph (1)(c) which consists of both members and members of staff must be chaired by a member.
I17I737
F9ISA may to such extent as it may determine delegate any of its functions, other than a core function, to—
a
a person who is neither a member nor a member of staff;
b
a committee (including a committee which comprises or includes persons who are neither members nor members of staff).
I18I748
A core function is—
a
determining whether it is appropriate for a person to be included in a barred list;
b
determining whether to remove a person from a barred list;
c
considering representations made for the purposes of Schedule 3.
Reports
I19I759
1
As soon as possible after the end of each financial year F10ISA must issue a report on the exercise of its functions during that year.
2
F10ISA must arrange for the report to be published in such manner as it considers appropriate.
I20I7610
Funding
I21I7711
The Secretary of State may make payments to F10ISA of such amounts, at such times and on such conditions (if any) as he thinks appropriate.
Accounts
I22I7812
1
F10ISA must keep its accounts in such form as the Secretary of State determines.
2
F10ISA must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides.
3
Before the end of the specified period following the end of each financial year to which the annual accounts relate F10ISA must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General.
4
The Comptroller and Auditor General must—
a
examine, certify and report on the annual accounts;
b
send a copy of the accounts and of his report to the Secretary of State, who must lay them before each House of Parliament.
5
The financial year is—
a
the period starting on the day F10ISA is established and ending on the next 31st March;
b
each succeeding period of 12 months.
6
The specified period is such period as the Secretary of State directs.
Status
I23I7913
1
F10ISA is not to be regarded—
a
as the servant or agent of the Crown, or
b
as enjoying any status, immunity or privilege of the Crown.
2
F10ISA's property is not to be regarded as property of, or property held on behalf of, the Crown.
Payments in connection with maladministration
I24I8014
1
If F10ISA thinks—
a
that action taken by or on behalf of F10ISA amounts to maladministration, and
b
that a person has been adversely affected by the action,
F10ISA may make such payment (if any) to the person as it thinks appropriate.
2
“Action” includes failure to act.
Incidental powers
I25I8115
1
In connection with the exercise of any of its functions F10ISA may—
a
enter into contracts and other agreements (whether legally binding or not);
b
acquire and dispose of property (including land);
c
borrow money;
d
do such other things as F10ISA thinks necessary or expedient.
2
The power conferred by sub-paragraph (1)(b) includes accepting—
a
gifts of money, and
b
gifts or loans of other property,
on such terms as F10ISA thinks appropriate.
3
But F10ISA may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the consent of the Secretary of State.
4
Such consent may be given—
a
with respect to a particular case or with respect to a class of cases;
b
subject to such conditions as the Secretary of State thinks appropriate.
Documents
I26I8216
A document purporting to be signed on behalf of F10ISA shall be received in evidence and, unless the contrary is proved, be taken to be so signed.
F128SCHEDULE 2Transfers to F11ISA
Sch. 2 ceases to have effect (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 112 (with Pt. 4)
Words in Sch. 3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(iii), 116(5)(a)
Staff transfer schemes
I271
1
The Secretary of State may make a scheme (a “staff transfer scheme”) providing—
a
for a person employed in the civil service of the state to become an employee of F13ISA;
b
for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with F13ISA;
c
for the transfer to F13ISA of the rights, powers, duties and liabilities of the Crown under or in connection with his terms of employment;
d
for anything done (or having effect as if done) before that transfer by or in relation to the Crown in respect of the terms of employment or the person to be treated as having been done by or in relation to F13ISA.
2
A staff transfer scheme may provide for a period before a person became an employee of F13ISA to count as a period during which he was such an employee (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).
3
A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of F13ISA not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him.
4
A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as having his employment terminated by the operation of the scheme not to be so treated.
Property transfer schemes
I282
1
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to F14ISA of any property, rights or liabilities of the Secretary of State.
2
The things that may be transferred by a property transfer scheme include—
a
property, rights and liabilities that could not otherwise be transferred;
b
property acquired, and rights and liabilities arising, after the making of the scheme.
3
A property transfer scheme may—
a
create interests in, or rights in relation to, anything that is or could be transferred by the scheme;
b
impose liabilities in relation to anything that is or could be transferred or created by the scheme;
c
apportion property, rights and liabilities;
d
provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to F14ISA;
e
make provision about the continuation of legal proceedings.
Schemes: supplementary
I293
A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.
C3SCHEDULE 3Barred lists
Sch. 3 modified (20.1.2009) by Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009 (S.I. 2009/12), arts. 1(1), 5
C3Part 1Children's barred list
Automatic inclusion
I30I111C3C41
I11
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
F1332
If DBS is satisfied that this paragraph applies to a person, it must include the person in the children’s barred list.
Inclusion subject to consideration of representations
I31I112C3C52
I21
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
F52F1292
Sub-paragraph (4) applies if it appears to DBS that—
a
this paragraph applies to a person, and
b
the person is or has been, or might in future be, engaged in regulated activity relating to children.
4
F130DBS must give the person the opportunity to make representations as to why the person should not be included in the children's barred list.
5
Sub-paragraph (6) applies if—
a
the person does not make representations before the end of any time prescribed for the purpose, or
b
the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
6
If F130DBS —
a
is satisfied that this paragraph applies to the person, and
b
has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,
it must include the person in the list.
7
Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
8
If F130DBS —
a
is satisfied that this paragraph applies to the person,
b
has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and
c
is satisfied that it is appropriate to include the person in the children's barred list,
it must include the person in the list.
Behaviour
I32I113C33
1
This paragraph applies to a person if—
i
has (at any time) engaged in relevant conduct, and
ii
is or has been, or might in future be, engaged in regulated activity relating to children, and
b
F130DBS proposes to include him in the children's barred list.
2
F130DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3
F130DBS must include the person in the children's barred list if—
a
it is satisfied that the person has engaged in relevant conduct,
F54aa
it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and
b
it F55is satisfied that it is appropriate to include the person in the list.
4
This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to.
5
In sub-paragraph (4)—
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.
I334
I1141
For the purposes of paragraph 3 relevant conduct is—
a
conduct which endangers a child or is likely to endanger a child;
b
conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;
c
conduct involving sexual material relating to children (including possession of such material);
d
conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to F130DBS that the conduct is inappropriate;
e
conduct of a sexual nature involving a child, if it appears to F130DBS that the conduct is inappropriate.
I1142
A person's conduct endangers a child if he—
a
harms a child,
b
causes a child to be harmed,
c
puts a child at risk of harm,
d
attempts to harm a child, or
e
incites another to harm a child.
I1143
“Sexual material relating to children” means—
a
indecent images of children, or
b
material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
I1144
“Image” means an image produced by any means, whether of a real or imaginary subject.
I1515
A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
I1146
For the purposes of sub-paragraph (1)(d) and (e), F130DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
Risk of harm
I34I115C35
1
This paragraph applies to a person if—
i
falls within sub-paragraph (4), and
ii
is or has been, or might in future be, engaged in regulated activity relating to children and
b
F130DBS proposes to include him in the children's barred list.
2
F130DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3
F130DBS must include the person in the children's barred list if—
a
it is satisfied that the person falls within sub-paragraph (4),
F57aa
it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and
b
it F58is satisfied that it is appropriate to include the person in the list.
4
A person falls within this sub-paragraph if he may—
a
harm a child,
b
cause a child to be harmed,
c
put a child at risk of harm,
d
attempt to harm a child, or
e
incite another to harm a child.
Restriction on inclusion
I35I1526
1
F134DBS must not include a person in the children's barred list—
a
only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
I83b
if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
I832
A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of F134DBS .
I833
A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.
C3Part 2Adults' barred list
Automatic inclusion
I36I116C3C67
I31
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
F1352
If DBS is satisfied that this paragraph applies to a person, it must include the person in the adults’ barred list.
Inclusion subject to consideration of representations
I37I117C3C78
I41
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
F59F1362
Sub-paragraph (4) applies if it appears to DBS that—
a
this paragraph applies to a person, and
b
the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.
4
F131DBS must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list.
5
Sub-paragraph (6) applies if—
a
the person does not make representations before the end of any time prescribed for the purpose, or
b
the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).
6
If F131DBS —
a
is satisfied that this paragraph applies to the person, and
b
has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,
it must include the person in the list.
7
Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.
8
If F131DBS —
a
is satisfied that this paragraph applies to the person,
b
has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
c
is satisfied that it is appropriate to include the person in the adults' barred list,
it must include the person in the list.
Behaviour
I38I118C39
1
This paragraph applies to a person if—
i
has (at any time) engaged in relevant conduct, and
ii
is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b
F131DBS proposes to include him in the adults' barred list.
2
F131DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3
F131DBS must include the person in the adults' barred list if—
a
it is satisfied that the person has engaged in relevant conduct,
F61aa
it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b
it F62is satisfied that it is appropriate to include the person in the list.
I3910
I1191
For the purposes of paragraph 9 relevant conduct is—
a
conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;
b
conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;
c
conduct involving sexual material relating to children (including possession of such material);
d
conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to F131DBS that the conduct is inappropriate;
e
conduct of a sexual nature involving a vulnerable adult, if it appears to F131DBS that the conduct is inappropriate.
I1192
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
e
incites another to harm a vulnerable adult.
I1193
“Sexual material relating to children” means—
a
indecent images of children, or
b
material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
I1194
“Image” means an image produced by any means, whether of a real or imaginary subject.
I1535
A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
I1196
For the purposes of sub-paragraph (1)(d) and (e), F131DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
Risk of harm
I40I120C311
1
This paragraph applies to a person if—
i
falls within sub-paragraph (4), and
ii
is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b
F131DBS proposes to include him in the adults' barred list.
2
F131DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3
F131DBS must include the person in the adults' barred list if—
a
it is satisfied that the person falls within sub-paragraph (4),
F64aa
it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and
b
it F65is satisfied that it is appropriate to include the person in the list.
4
A person falls within this sub-paragraph if he may—
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.
Restriction on inclusion
I41I15412
1
F137DBS must not include a person in the adults' barred list—
a
only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
I84b
if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
I842
A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of F137DBS .
I843
A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.
C2C1C3Part 3Supplementary
Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 4(5)
Sch. 3 Pt. 3 modified (7.4.2008) by The Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 (S.I. 2008/473), arts. 1(1), 2(5)
Procedure
I42I15513
1
F132DBS must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list.
2
Sub-paragraph (1) does not, without more, require F132DBS to give an individual the opportunity to make representations as to why he should not be included in a barred list.
I43I121C314
When an individual is included in a barred list F132DBS must take all reasonable steps to notify the individual of that fact.
I4415
I51
The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision F132DBS is required or authorised to take under this Schedule.
I52
Such provision may include provision as to the time within which anything is to be done.
Representations
I45I122C316
1
A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which F132DBS intends to rely in taking a decision under this Schedule.
2
Any requirement of this Schedule to give a person an opportunity to make representations does not apply if F132DBS 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 were wrongly made.
4
Findings of fact made by a competent body are findings of fact made in proceedings before F32the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before one of the following bodies or any of its committees—
F33a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the General Teaching Council for Wales;
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;
h
the General Chiropractic Council;
i
the Nursing and Midwifery Council;
j
F40the Health and Care Professions Council;
k
the General Social Care Council;
F154l
Social Care Wales
F172m
Social Work England.
F1534A
The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”.
I855
The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.
I46I123C317
1
This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, F132DBS was unable to ascertain his whereabouts.
2
This paragraph also applies to such a person if—
a
he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and
b
F132DBS grants him permission to make such representations out of time.
3
If a person to whom this paragraph applies makes such representations after the prescribed time—
a
F132DBS 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 included in the list concerned.
Review
I4718
I1241
A person who is included in a barred list may apply to F132DBS for a review of his inclusion.
I1242
An application for a review may be made only with the permission of F132DBS.
3
A person may apply for permission only if—
I124a
the application is made after the end of the minimum barred period, and
I6b
in the prescribed period ending with the time when he applies for permission, he has made no other such application.
I1244
F132DBS must not grant permission unless it thinks—
a
that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and
b
that the change is such that permission should be granted.
I1245
On a review of a person's inclusion, if F132DBS is satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application.
I66
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;
b
the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 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 (Sentencing) Act 2000 (c. 6) F173or section 222 of the Sentencing Code ) 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.
F4618A
1
Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to—
a
a review under paragraph 18, or
b
an application under that paragraph,
which has not yet been determined.
2
F132DBS may, at any time, review the person's inclusion in the list.
3
On any such review, F132DBS may remove the person from the list if, and only if, it is satisfied that, in the light of—
a
information which it did not have at the time of the person's inclusion in the list,
b
any change of circumstances relating to the person concerned, or
c
any error by F132DBS ,
it is not appropriate for the person to be included in the list.
Information
I48I125C319
1
F132DBS may require—
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 7 to 11 applies F67or appears to apply;
I86b
any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs F68applies or appears to apply;
c
the F74relevant chief officer to provide to it any such relevant information;
F69d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records F70reasonably believes to be relevant in relation to the regulated activity concerned.
3
4
5
For the purpose of deciding under this Schedule whether or not a person is included in a barred list F132DBS must not take account of relevant police information if the F75relevant chief officer thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.
6
7
F667A
Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.
F1398
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I49I126C320
1
The Secretary of State may provide to F132DBS 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);
c
sections 142 to 144 of the Education Act 2002 (c. 32).
F1402
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I50I8721
F132DBS must provide the Secretary of State with the prescribed information relating to a person if—
I156a
it includes that person in a barred list;
b
it is considering whether to include him in a barred list;
c
it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.
I51I127C322
F141DBS must inform the Scottish Ministers if a person is included in a barred list.
F2722A
F142DBS may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).
I52I128C323
F143DBS may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.
Prescribed criteria
I5324
I71
The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are—
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;
c
that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom;
d
that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom.
I72
The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under—
F2a
the law of a country or territory outside England and Wales;
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);
e
section 42 of the Armed Forces Act 2006 (c. 52).
I1293
The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.
I1294
For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—
a
any offence committed before he attained the age of 18;
b
any order or direction made before that time.
I1295
The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of section 2 if the court, having considered whether to make a disqualification order, decided not to.
I1296
In sub-paragraph (5)—
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.
I1297
For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period.
F778
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F77I79
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F110
For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—
a
the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and
b
the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).
I54I130C325
F31
A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 24(1)(a), or which makes an order of a description specified for the purposes of paragraph 24(1)(b), must inform the person at the time he is convicted or the order is made that F144DBS will F78or (as the case may be) may include him in the barred list concerned.
F42
This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.
SCHEDULE 4Regulated Activity
Part 1Regulated activity relating to children
Regulated activity: general
I55I88I1311
1
An activity is a regulated activity relating to children if—
a
it is mentioned in paragraph 2(1), and
b
F82except in the case of activities falling within sub-paragraph (1A), it is carried out frequently by the same person or the period condition is satisfied.
F791A
The following activities fall within this sub-paragraph—
a
relevant personal care, and
b
health care provided by, or under the direction or supervision of, a health care professional.
1B
In this Part of this Schedule “ relevant personal care ” means—
a
physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition),
b
physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with—
i
toileting (including in relation to the process of menstruation),
ii
washing or bathing, or
iii
dressing,
c
the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
d
the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
e
any form of training, instruction, advice or guidance which—
i
relates to the performance of the activity of eating or drinking,
ii
is given to a child who is in need of it by reason of illness or disability, and
iii
does not fall within paragraph (c), or
f
any form of training, instruction, advice or guidance which—
i
relates to the performance of any of the activities listed in paragraph (b)(i) to (iii),
ii
is given to a child who is in need of it by reason of age, illness or disability, and
iii
does not fall within paragraph (d).
1C
In this Part of this Schedule —
“ health care ” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,
“ health care professional ” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
1D
Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid.
2
An activity is a regulated activity relating to children if—
a
it is carried out frequently by the same person or the period condition is satisfied,
b
it is carried out in an establishment mentioned in paragraph 3(1),
c
it is carried out by a person while engaging in F83any work falling within sub-paragraph (2A) or (2B),
d
it is carried out for or in connection with the purposes of the establishment, and
e
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 children.
F802A
Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which—
a
is undertaken in pursuance of a contract for the provision of occasional or temporary services, and
b
is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)).
2B
Work falls within this sub-paragraph if it is any form of work which is not for gain, other than—
a
any such work which—
i
is carried out on a temporary or occasional basis, and
ii
is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or
b
any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
2C
The reference in subsection (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
3
Each of the following, if carried out in England, is a regulated activity relating to children—
a
providing early years childminding in respect of which a requirement to register arises by section 33(1) of the Childcare Act 2006 (c. 21) (requirement to register);
b
providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register);
c
providing early years childminding or later years childminding, if it is provided by a person who is registered by virtue of section 62(1) of that Act (voluntary registration of childminders);
d
providing later years childminding for a child who has attained the age of eight, if a requirement to register would arise in respect of that provision by section 52(1) of that Act if the child had not attained that age.
4
Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act.
5
It is a regulated activity relating to children to foster a child (as mentioned in section 53).
6
Each of the following, if carried out in Wales, is a regulated activity relating to children—
a
acting as a child minder so as to give rise to a requirement to register under F28section 21 of the Children and Families (Wales) Measure 2010;
b
an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight F29(or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010).
7
For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with F84section 19 of the Children and Families (Wales) Measure 2010.
F938
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
The exercise of a function of F85the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales is a regulated activity relating to children.
F169A
The exercise of a function so far as the function—
a
relates to any of the matters mentioned in sub-paragraph (9B),
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, and
c
is not a function which falls within sub-paragraph (9C),
is a regulated activity relating to children.
9B
The matters in this sub-paragraph are—
F94 a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the exercise of a power under F86 section 41 or 42 of the Children and Families (Wales) Measure 2010 (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place);
c
d
an inspection F89in Wales under section 87(6) of that Act (inspection of boarding school or college);
e
any step taken F90in relation to Wales by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges)—
i
for the purposes of an agreement made in accordance with section 87A(2) of that Act, or
ii
in order to comply with any requirement imposed on the person under section 87B of that Act;
f
an inspection under section F95 ... 18C of the Education Act 1994 (inspection of teacher training);
g
an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales);
F156h
an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act);
i
an inspection under Part 4 of the Learning and Skills Act 2000 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales);
F158j
a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);
k
a review F159under section 149B of that Act as applied by section 30 of the Children Act 2004 (review or investigation of the functions of children’s services authorities in Wales);
l
an inspection under section 28 of the Education Act 2005 (duty of Her Majesty’s Chief Inspector of Education and Training in Wales to arrange regular inspections of certain schools);
m
n
an inspection F91in Wales under section 51 of that Act (power of local education authorities to inspect maintained school for specific purpose);
o
an inspection under section 55 of that Act (inspection of careers services in Wales);
F101 p
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101 q
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101 r
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101 s
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F101 t
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9C
The exercise of a function to which sub-paragraph (10) applies so far as the function—
a
relates to the inspection of an establishment mentioned in paragraph 3(1), and
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,
is a regulated activity relating to children.
10
F17This sub-paragraph applies to a function of—
F97a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
HM Chief Inspector of Education and Training in Wales;
F149ba
a body approved under section 106 of the Education and Skills Act 2008 (bodies approved to inspect registered independent educational institutions in England);
C8c
a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school F150in Wales ;
F98d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F98e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
the F6Welsh Ministers.
F1811
The exercise of a function of the Welsh Ministers so far as the function—
a
relates to the inspection of an establishment, agency F164, service provider or body falling within sub-paragraph (12), and
b
gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,
is a regulated activity relating to children.
12
An establishment, agency F165, service provider or body falls within this sub-paragraph if it is—
a
an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14),
b
an agency in relation to which such a requirement arises, F166...
F167ba
a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,
c
an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),
and it provides any form of treatment or therapy for children.
F9912A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13
In sub-paragraph (12)(c) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).
F10013A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
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), F92(9A), (9C) or (11) is a regulated activity relating to children.
F8115
Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.
Activities
I56I89I1322
1
The activities referred to in paragraph 1(1) are—
a
any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children;
b
any form of care for or supervision of children, unless the care or supervision is merely 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 or educational well-being;
F103d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
e
moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children;
I90f
driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.
2
Sub-paragraph (1)(a), (b) F104and (c) do not include—
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;
F105d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 arrangements exist principally for that purpose.
F1023A
Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
3B
Sub-paragraph (1)(b)—
a
does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and
b
does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
3C
The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
3D
Sub-paragraph (1)(c) does not include any legal advice.
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,
b
removing matter from, or preventing the addition of matter to, the service, or
c
controlling access to, or use of, the service.
5
But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—
a
access to the content of the matter;
b
contact with users of the service.
6
In sub-paragraph (2) employment includes any form of work which is carried out under the supervision or control of another, whether or not the person carrying it out is paid for doing so.
Establishments
I57I91I1333
1
The establishments referred to in paragraph 1(2) and F19(9C) are—
a
an educational institution which is exclusively or mainly for the provision of full-time education to children;
F20aa
F34ab
an alternative provision Academy which does not fall within paragraph (a);
b
an establishment which is exclusively or mainly for the provision of nursery education (within the meaning of section 117 of the School Standards and Framework Act 1998 (c. 31));
F106c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
an institution which is exclusively or mainly for the detention of children;
F170da
premises in Wales at which a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided;
e
a children's home F169in England (within the meaning of section 1 of the Care Standards Act 2000 (c. 14));
F168ea
premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to children;
f
a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41);
F15fa
a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);
g
relevant childcare premises.
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 (c. 21)) in respect of which he must be registered under that Act;
b
any form of such childcare in respect of which he may be registered under that Act, whether or not he is so registered;
F83
But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided.
4
For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.
5
“Parental responsibility” has the same meaning as in the Children Act 1989.
F48...
Sch. 4 para. 4 and cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 64(9), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
F484
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I58I92I1345
A person who is part of a group in relation to which another (P) engages in regulated activity relating to children does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this paragraph, would amount to engaging in regulated activity relating to children.
F47Guidance
Sch. 4 para. 5A and cross-heading inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 77(6), 120 (with s. 97); S.I. 2012/2234, art. 2(n)
5A
1
The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children.
2
Before giving guidance under this paragraph, the Secretary of State must consult the Welsh Ministers.
3
The Secretary of State must publish guidance given under this paragraph.
4
A regulated activity provider or a personnel supplier must, in exercising any functions under this Act, have regard to guidance for the time being given under this paragraph.
Exceptions
I59I93I94I1356
The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.
Part 2Regulated activity relating to vulnerable adults
I60I95I1367
F1071
Each of the following is a regulated activity relating to vulnerable adults—
a
the provision to an adult of health care by, or under the direction or supervision of, a health care professional,
b
the provision to an adult of relevant personal care,
c
the provision by a social care worker of relevant social work to an adult who is a client or potential client,
d
the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability,
e
any relevant assistance in the conduct of an adult's own affairs,
f
the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability,
g
such activities—
i
involving, or connected with, the provision of health care or relevant personal care to adults, and
ii
not falling within any of the above paragraphs,
as are of a prescribed description.
2
Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
3
A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
3A
Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid.
3B
Relevant personal care means—
a
physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with—
i
eating or drinking (including the administration of parenteral nutrition),
ii
toileting (including in relation to the process of menstruation),
iii
washing or bathing,
iv
dressing,
v
oral care, or
vi
the care of skin, hair or nails,
b
the prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the activities listed in paragraph (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or
c
any form of training, instruction, advice or guidance which—
i
relates to the performance of any of the activities listed in paragraph (a),
ii
is given to a person who is in need of it by reason of age, illness or disability, and
iii
does not fall within paragraph (b).
3C
Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and social care worker means a person who is a social care worker by virtue of section 55(2)(a) of that Act.
F1553CA
In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act.
3D
Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person—
a
managing the person's cash,
b
paying the person's bills,
c
shopping.
3E
Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of—
a
a lasting power of attorney created in respect of the person in accordance with section 9 of the Mental Capacity Act 2005,
b
an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the person which is—
i
registered in accordance with that Schedule, or
ii
the subject of an application to be so registered,
c
an order made under section 16 of that Act by the Court of Protection in relation to the making of decisions on the person's behalf,
d
the appointment of an independent mental health advocate or (as the case may be) an independent mental capacity advocate in respect of the person in pursuance of arrangements under section 130A of the Mental Health Act 1983 or section 35 of the Mental Capacity Act 2005,
e
the provision of independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006) in respect of the person, or
f
the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration Act 1992.
F1513EA
Relevant assistance in the conduct of a person’s own affairs is also representing or supporting the person in pursuance of arrangements made under section 67 or 68 of the Care Act 2014 (independent advocacy support).
F1094
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
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) F110... is a regulated activity relating to vulnerable adults.
F216
The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults.
7
F22An inspection function is a function relating to the inspection of—
a
a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act),
b
an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000,
c
an agency in relation to which such a requirement arises,
d
a person to whom Part 2 of that Act applies in pursuance of F23regulations under section 42 of that Act,
F171da
a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,
e
an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003, or
f
any person, other than a local authority, providing F111... Welsh local authority social services within the meaning of that section,
in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.
8
In sub-paragraph (7)(e) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).
F1088A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
The exercise of a function of F112the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales is a regulated activity relating to vulnerable adults.
10
A person who is part of a group in relation to which another (P) engages in regulated activity relating to vulnerable adults does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this sub-paragraph, would amount to engaging in regulated activity relating to vulnerable adults.
F1138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I61I96I97I1379
The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.
Part 3The period condition
I62I98I13810
1
The period condition is satisfied if the person carrying out the activity does so at any time on more than F24three days in any period of 30 days.
2
In relation to an activity that falls within paragraph 2(1)(a), (b) F114or (c)F115..., the period condition is also satisfied if—
a
the person carrying out the activity does so at any time between 2 a.m. and 6 a.m, and
b
the activity gives the person the opportunity to have face-to-face contact with children F116... .
F43SCHEDULE 5Appropriate verification
Sch. 5 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 51, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
F43Part 1Default position
F431
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F432
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F433
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43Part 2Prescribed verification
F435
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F436
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F437
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43Part 3Prescribed verification
F438
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F439
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43Part 4Definitions and power to amend
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4312A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44SCHEDULE 6Employment businesses: failure to check
Sch. 6 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 52, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)
F44Offences
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F442
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44...
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44...
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44Power to amend paragraph 2(1)(c)
F445
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44......
...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 7F50Barring Information
Words in Sch. 7 heading substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 73(4) (with s. 97); S.I. 2012/2234, art. 2(aa)(iv)
I991
This is the table referred to in F117sections 30A and 30B—
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 |
F120. . . | F120. . . |
F120. . . | F120. . . |
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 |
F122. . . | F122. . . |
F122. . . | F122. . . |
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 —
| 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 F160or provides an adult placement service and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme F161or service | 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 |
F121. . . | 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 F25section F35... 100 of the Apprenticeships, Skills, Children and Learning Act 2009 F36, section 14 of the Education Act 2002 or section 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 |
F119. . . | F119. . . |
F11819. The F145DBS in relation to members and employees and prospective members and employees of the F145DBS | F118Children and vulnerable adults |
I1002
The Secretary of State may by order amend F123this Schedule.
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
F42b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In entries F411, 5 and 9 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.
F453
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F26arises—
i
in relation to England, under section 10 of the Health and Social Care Act 2008, F162...
F163ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1577
An adult placement service, in relation to Wales, has the meaning given in paragraph 6 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
SCHEDULE 8Transitional provisions
Advice by F152DBS
Word in Sch. 8 para. 1 heading substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(h) (with Pt. 4)
I631
F146DBS 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);
c
any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person.
Existing restrictions relating to children
I8I642
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);
c
subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching etc).
2
The Secretary of State may, by order, make such provision as he thinks appropriate—
a
requiring F147DBS to include the person in the children's barred list;
b
requiring F147DBS to consider including the person in the children's barred list;
c
as to circumstances in which the person may make representations to F147DBS 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 F147DBS's consideration of any matter relating to the person.
3
An order under this paragraph may contain provision—
F37a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
F37c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b).
4
In sub-paragraph F38(3)(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 F39(3)(d) as they apply to power to make regulations under this Act.
Existing restrictions relating to vulnerable adults
I9I653
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 F148DBS to include the person in the adults' barred list;
b
requiring F148DBS to consider including the person in the adults' barred list;
c
as to circumstances in which the person may make representations to F148DBS 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 F148DBS's consideration of any matter relating to the person.
Existing restrictions: supplementary
I10I664
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.
F51...
Sch. 8 para. 5 and cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 74, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(iv)
F515
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9Amendments
Part 1Existing lists
Children Act 1989 (c. 41)
I1571
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)
I103I139I1582
The Teaching and Higher Education Act 1998 is amended as follows.
I1593
Section 2(4) (advisory functions of General Teaching Council) is omitted.
I1604
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),
I1615
I104I1401
Section 15 (supply of information following dismissal etc) is amended as follows.
I105I1412
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
”
.
I105I1413
After subsection (1) insert—
1A
The grounds are—
a
misconduct;
b
professional incompetence;
c
conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.
I106I1424
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
”
.
I105I1416
Omit subsection (4).
I105I1417
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;
c
the proprietor of a school;
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;
I1626
I107I1431
Section 15A (supply of information by contractor, agency, etc) is amended as follows.
I108I1442
In subsection (1) for “another person (the “worker”)” substitute “
a registered teacher (the “teacher”)
”
.
I108I1443
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
”
;
c
in paragraph (c)—
i
for “worker” substitute “
teacher
”
;
ii
for “section” substitute “
subsection
”
.
I109I1454
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
”
.
I108I1446
In subsection (9)—
a
for “Subsections (4) and” substitute “
Subsection
”
;
b
for “they apply” substitute “
it applies
”
.
I110I146I1637
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)
I1648
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);
c
omit subsection (3A).
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)
I1659
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
I10110
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 2Other amendments
Police Pensions Act 1976 (c. 35)
I16611
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;
c
in subsection (3)
(meaning of “police force”), in paragraph (b), after “(bf),” insert “
(bg),
”
>.
Children Act 1989 (c. 41)
I16712
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)
I16813
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)
I169C9C13C1114
I147I1481
The Police Act 1997 is amended as follows.
I1492
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.
I1493
In section 113B (enhanced criminal record certificates), in subsection (2)(b) after “required” insert “
for the purposes of an exempted question asked
”
.
I147I1484
After section 113B insert—
113BASuitability 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;
c
whether the applicant is subject to monitoring in relation to regulated activity relating to children;
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.
113BBSuitability 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;
c
whether the applicant is subject to monitoring in relation to regulated activity relating to vulnerable adults;
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.
113BCSuitability 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.
F124I1495
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124I1496
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1497
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.
F49c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
I10215
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)
I17016
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).
I171I150C10C14C12I172I173SCHEDULE 10Repeals
Sch. 10 in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch. (with arts. 3-7) (as amended (30.3.2010) by S.I. 2010/1101, arts. 6-11)
Sch. 10 in force at 12.10.2009 for specified purposes by S.I. 2009/2610, art. 2(b) (with arts. 4-23)
Sch. 10 in force at 30.3.2010 for specified purposes by S.I. 2010/1101, art. 5
Sch. 10 in force at 17.6.2013 for specified purposes by S.I. 2012/2231, art. 4(b) (with art. 5) (see S.I. 2013/1180, art. 2(b))
Sch. 10 extended in part (Guernsey) (with modifications) (10.12.2009) by Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), art. 4, Sch. 2, Sch. 3 (with arts. 1(4), 6-8)
Sch. 10 extended in part (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), art. 4reg. 1(2), Sch. 2, Sch. 3 (with arts. 1(4), 6-8)
Sch. 10 extended in part (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 1(4), 6-8)
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) |
Sch. 1 ceases to have effect (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 112 (with Pt. 4)