SCHEDULES
SCHEDULE 9Consequential amendments
C3C1C2Part 6Safeguarding of vulnerable groups
Sch. 9 Pt. 6 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), arts. 1(2)(3), 4(1)(3), Sch. 2 (with art. 5)
Sch. 9 Pt. 6 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(2), Sch. 2
Police Act 1997
I135
The Police Act 1997 is amended as follows.
I236
In section 113A (criminal record certificates) omit subsection (10).
I337
In section 113B (enhanced criminal record certificates) omit subsection (13).
I438
In section 113BA(2) (suitability information relating to children) omit paragraphs (b) to (d).
I539
In section 113BB(2) (suitability information relating to vulnerable adults) omit paragraphs (b) to (d).
I640
1
Section 119 (sources of information) is amended as follows.
2
In subsection (2) omit “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”.
3
In subsection (8)—
a
omit paragraph (c), and
b
in paragraph (d) for “that Act” substitute “
the Safeguarding Vulnerable Groups Act 2006
”
.
I741
In section 119B(5) (independent monitor) omit paragraphs (d) and (e).
I842
1
Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.
2
In subsection (3A) omit paragraphs (b) and (c).
3
Omit subsections (3B) and (3C).
4
In subsection (3D)—
a
for “subsections (3A) to (3C)” substitute “
subsection (3A)
”
,
b
for “those subsections” substitute “
that subsection
”
, and
c
omit the words from “, except” to the end of the subsection.
Safeguarding Vulnerable Groups Act 2006
I943
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
I1044
In section 4(1) (appeals)—
a
omit paragraph (a),
b
in paragraph (b)—
i
after “paragraph” insert “
2,
”
,
ii
after “5,” insert “
8,
”
, and
iii
for “that Schedule” substitute “
Schedule 3
”
, and
c
in paragraph (c) for “or 18” substitute “
, 18 or 18A
”
.
I1145
In section 5(4) (regulated activity)—
a
omit “section 10(3);”, and
b
omit “paragraph 4 of Schedule 6”.
I1246
In section 6(8) (regulated activity providers)—
a
in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or 8(1)(a), (d) or (e)” substitute “
paragraph 1(9) or 7(9)
”
,
b
omit paragraph (c), and
c
in paragraph (d)—
i
for “paragraph (a), (b) or (f) of section 59(10)” substitute “
paragraph 7(3E)(a) or (b) of Schedule 4
”
, and
ii
for “mentioned in that paragraph” substitute “
exercisable by virtue of that position
”
.
I1347
In section 7(5) (barred person not to engage in regulated activity) omit paragraphs (b) and (c).
I1448
Omit section 8 (person not to engage in regulated activity unless subject to monitoring).
I1549
In section 9(5) (use of barred person for regulated activity) omit paragraphs (b) and (c).
I1650
Omit section 10 (use of person not subject to monitoring for regulated activity).
I1751
Omit section 11 and Schedule 5 (regulated activity provider: failure to check).
I1852
Omit section 12 and Schedule 6 (personnel suppliers: failure to check).
I1953
Omit section 13 (educational establishments: check on members of governing body).
I2054
Omit section 14 (office holders: offences).
I2155
Omit section 15 (sections 13 and 14: checks).
I2256
Omit section 16 (exception to requirement to make monitoring check).
I2357
Omit section 17 (NHS employment).
I2458
1
Section 18 (offences: companies etc.) is amended as follows.
2
In subsection (1)—
a
omit “, 10, 11, 23, 27”, and
b
omit “or Schedule 6”.
3
In subsection (2)—
a
omit “, 10, 11, 23, 27”, and
b
omit “or Schedule 6”.
I2559
1
Section 19 (offences: other persons) is amended as follows.
2
Omit subsection (1).
3
Omit subsections (3) and (4).
4
Omit subsections (6) and (7).
5
In subsection (8)—
a
for “subsections (2)(b) and (3)(b)” substitute “
subsection (2)(b)
”
, and
b
omit paragraphs (b) and (c).
6
Omit subsection (9).
I2660
In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).
I2761
In section 35 (regulated activity providers: duty to refer)—
a
in subsection (1), omit paragraph (b), and
b
omit subsection (6).
I2862
1
Section 36 (personnel suppliers: duty to refer) is amended as follows.
2
In subsection (1) omit “or controlled activity”.
3
In subsection (3)(a) omit “or controlled”.
I2963
1
Section 37 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
2
In subsection (2)—
a
omit paragraph (b), and
b
in paragraph (d), omit “or controlled”.
3
In subsection (4) omit “or controlled”.
4
In subsection (5) omit “or controlled”.
I3064
In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3 for “Either of” substitute “
Any of
”
.
I3165
1
Section 50A (provision of information to the police) is amended as follows.
2
In subsection (2) for “power conferred by subsection (1) does” substitute “
powers conferred by this section do
”
.
3
In subsection (3) for “subsection (1)” substitute “
this section
”
.
4
In the heading to section 50A, and in the italic cross-heading before it, after “police” insert “
etc.
”
.
I3266
In section 51(5) (Crown application) omit paragraph (b).
I3367
1
Section 54 (devolution: alignment) is amended as follows.
2
In subsection (2) omit paragraph (a).
3
In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).
4
In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).
5
Omit subsection (5).
68
I341
Section 56 (devolution: Wales) is amended as follows.
I342
Omit subsection (1).
I343
In subsection (2)—
a
in paragraph (a) for “45(1), (5) or (9)” substitute “
45(9)
”
,
b
omit paragraph (c), and
c
in paragraphs (d) and (e), omit “or (8)”.
4
In subsection (3)—
I34a
omit paragraphs (b) to (f),
b
after paragraph (f) insert—
fa
section 34ZA(7),
I34c
omit paragraph (j),
I34d
in paragraph (l) for “41(1), (5) or (8)” substitute “
41(8)
”
,
I34e
omit paragraph (n),
I34f
in paragraph (r) for “7(1)(f)” substitute “
7(1)(f) or (g)
”
, and
I34g
omit paragraphs (s) and (t).
I3569
In section 57(1)(c) (damages) omit “prescribed”.
I3670
1
Section 60 (interpretation) is amended as follows.
2
In subsection (1), in paragraph (b) of the definition of “personnel supplier”, omit “or controlled”.
3
Omit subsection (3).
I3771
In section 61(3) (orders and regulations)—
a
omit paragraphs (b) to (e),
b
at the end of paragraph (h) insert “
or
”
, and
c
omit paragraph (j) and the word “or” before it.
I3872
1
Schedule 3 (barred lists) is amended as follows.
2
In paragraph 24, omit sub-paragraphs (8) and (9).
3
In paragraph 25(1) after “will” insert “
or (as the case may be) may
”
.
I3973
1
Schedule 7 (vetting information) is amended as follows.
2
In paragraph 1—
a
for “sections 30 and 32” substitute “
sections 30A and 30B
”
, and
b
omit entries 3, 4, 7, 8 and 17 in the table.
3
Omit paragraph 3(3).
4
In the heading to the Schedule for “VETTING INFORMATION” substitute “
BARRING INFORMATION
”
.
I4074
In Schedule 8 (transitional provisions) omit paragraph 5.
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
I4175
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.
I4276
1
Article 2 (interpretation) is amended as follows.
2
In the first paragraph (2)—
a
omit the definition of “institution of further education”, and
b
in the definition of “personnel supplier”, in sub-paragraph (b), omit “or controlled”.
3
Renumber the second paragraph (2) as paragraph (2A).
4
Omit paragraph (3).
I4377
In Article 8(1) (appeals)—
a
omit sub-paragraph (a),
b
in sub-paragraph (b)—
i
after “paragraph” insert “
2,
”
,
ii
after “5,” insert “
8,
”
, and
iii
for “that Schedule” substitute “
Schedule 1
”
, and
c
in sub-paragraph (c) for “or 18” substitute “
, 18 or 18A
”
.
I4478
In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).
I4579
In Article 10(8) (regulated activity providers)—
a
omit sub-paragraphs (a) and (c), and
b
in sub-paragraph (d)—
i
for “sub-paragraph (a) or (c) of Article 3(10)” substitute “
paragraph 7(3E)(a) or (c) of Schedule 2
”
, and
ii
for “mentioned in that paragraph” substitute “
exercisable by virtue of that position
”
.
I4680
In Article 11(5) (barred person not to engage in regulated activity) omit sub-paragraphs (b) and (c).
I4781
Omit Article 12 (person not to engage in regulated activity unless subject to monitoring).
I4882
In Article 13(5) (use of barred person for regulated activity) omit sub-paragraphs (b) and (c).
I4983
Omit Article 14 (use of person not subject to monitoring for regulated activity).
I5084
Omit Article 15 and Schedule 3 (regulated activity provider: failure to check).
I5185
Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).
I5286
Omit Article 17 (educational establishments: check on members of governing body).
I5387
Omit Article 18 (office holders: offences).
I5488
Omit Article 19 (Articles 17 and 18: checks).
I5589
Omit Article 20 (exception to requirement to make monitoring check).
I5690
Omit Article 21 (HSS employment).
I5791
1
Article 22 (offences: companies etc.) is amended as follows.
2
In paragraph (1)—
a
omit “, 14, 15, 27, 31”, and
b
omit “or Schedule 4”.
3
In paragraph (2)—
a
omit “, 14, 15, 27, 31”, and
b
omit “or Schedule 4”.
I5892
1
Article 23 (offences: other persons) is amended as follows.
2
Omit paragraph (1).
3
Omit paragraphs (3) and (4).
4
Omit paragraphs (6) and (7).
5
In paragraph (8)—
a
for “paragraphs (2)(b) and (3)(b)” substitute “
paragraph (2)(b)
”
, and
b
omit sub-paragraphs (b) and (c).
6
Omit paragraph (9).
I5993
In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).
I6094
In Article 37 (regulated activity providers: duty to refer)—
a
in paragraph (1), omit sub-paragraph (b), and
b
omit paragraph (6).
I6195
1
Article 38 (personnel suppliers: duty to refer) is amended as follows.
2
In paragraph (1) omit “or controlled activity”.
3
In paragraph (3)(a) omit “or controlled”.
I6296
1
Article 39 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
2
In paragraph (2)—
a
omit sub-paragraph (b), and
b
in sub-paragraph (d), omit “or controlled”.
3
In paragraph (4) omit “or controlled”.
4
In paragraph (5) omit “or controlled”.
I6397
1
Article 52A (provision of information to the police) is amended as follows.
2
In paragraph (2) for “power conferred by paragraph (1) does” substitute “
powers conferred by this Article do
”
.
3
In the heading to Article 52A, after “Police”, insert “
etc.
”
.
I6498
In Article 53(5) (Crown application), omit sub-paragraph (b).
I6599
1
Article 56 (alignment with rest of UK) is amended as follows.
2
In paragraph (2) omit sub-paragraph (a).
3
In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of it).
4
In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of it).
5
Omit paragraph (5).
I66100
In Article 57(1)(c) (damages) omit “prescribed”.
I67101
1
Schedule 1 (barred lists) is amended as follows.
2
In paragraph 24, omit sub-paragraphs (8) and (9).
3
In paragraph 25(1) after “will” insert “or (as the case may be) “
may
”
.
I68102
1
Schedule 5 (vetting information) is amended as follows.
2
In paragraph 1—
a
for “Articles 32 and 34” substitute “
Articles 32A and 32B
”
, and
b
omit entries 3, 4, 7, 8 and 17 in the table.
3
Omit paragraph 3(3).
4
In the heading to the Schedule for “VETTING INFORMATION” substitute “
BARRING INFORMATION
”
.
I69103
In Schedule 6 (transitional provisions) omit paragraph 5.
Sch. 9 Pt. 6 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(3), Sch. 2