SCHEDULES

SCHEDULE 1F29Independent Safeguarding Authority

Section 1

Annotations:
Amendments (Textual)
F29

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

I11I701

1

F34ISA 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

I12I712

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;

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;

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

I13I723

1

F29ISA 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

F29ISA 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, F29ISA 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 F29ISA 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 F29Independent Safeguarding Authority. ”

5

F29ISA 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

I14I734

1

F29ISA shall have—

a

a chief executive;

b

such other employees as it may appoint.

2

The chairman may be appointed as chief executive.

3

F29ISA may make arrangements for persons to be seconded to F29ISA to serve as members of its staff.

4

A member of a police force on temporary service with F29ISA shall be under the direction and control of F29ISA.

Remuneration, pensions etc. of staff

I15I745

1

F29ISA must pay to its employees such remuneration and allowances as it may determine.

2

F29ISA 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 F29ISA 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 F29Independent Safeguarding Authority. ”

4

If any person—

a

on ceasing to be employed by F29ISA 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,

the Minister for the Civil Service may determine that his service as a member of F29ISA is to be treated for the purposes of the scheme as if his service as a member were service as an employee of F29ISA (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3).

5

F29ISA 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

I16I756

1

F29ISA 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.

I17I767

F29ISA 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).

I18I778

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

I19I789

1

As soon as possible after the end of each financial year F30ISA must issue a report on the exercise of its functions during that year.

2

F30ISA must arrange for the report to be published in such manner as it considers appropriate.

I20I7910

The Secretary of State may direct F30ISA to submit a report to him on any matter regarding the exercise of F30ISA's functions as may be specified in the direction.

Funding

I21I8011

The Secretary of State may make payments to F30ISA of such amounts, at such times and on such conditions (if any) as he thinks appropriate.

Accounts

I22I8112

1

F30ISA must keep its accounts in such form as the Secretary of State determines.

2

F30ISA 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 F30ISA 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 F30ISA 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

I23I8213

1

F30ISA 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

F30ISA's property is not to be regarded as property of, or property held on behalf of, the Crown.

Payments in connection with maladministration

I24I8314

1

If F30ISA thinks—

a

that action taken by or on behalf of F30ISA amounts to maladministration, and

b

that a person has been adversely affected by the action,

F30ISA may make such payment (if any) to the person as it thinks appropriate.

2

Action” includes failure to act.

Incidental powers

I25I8415

1

In connection with the exercise of any of its functions F30ISA 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 F30ISA 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 F30ISA thinks appropriate.

3

But F30ISA 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

I26I8516

A document purporting to be signed on behalf of F30ISA shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

SCHEDULE 2Transfers to F31ISA

Section 1

Annotations:
Amendments (Textual)
F31

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 F35ISA;

b

for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with F35ISA;

c

for the transfer to F35ISA 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 F35ISA.

2

A staff transfer scheme may provide for a period before a person became an employee of F35ISA 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 F35ISA 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 F36ISA 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 F36ISA;

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.

Annotations:
Commencement Information
I29

Sch. 2 para. 3 in force at 2.1.2008 by S.I. 2007/3545, art. 3

C3SCHEDULE 3Barred lists

Section 2

Annotations:
Modifications etc. (not altering text)

C3Part 1Children's barred list

Automatic inclusion

I30I130C3C41

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.

2

If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to IBB.

3

On the reference being made, IBB must include the person in the children's barred list.

Inclusion subject to consideration of representations

I31I131C3C52

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.

2

If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to F31ISA.

3

On the reference being made, F31ISA must—

a

include the person in the children's barred list;

b

give the person the opportunity to make representations as to why he should be removed from the children's barred list.

4

If it appears to F31ISA that it is not appropriate for the person to be included in the list, it must remove him from the list.

Behaviour

I32I132C33

1

This paragraph applies to a person if—

a

it appears to F31ISA that the person has (at any time) engaged in relevant conduct, and

b

F31ISA proposes to include him in the children's barred list.

2

F31ISA must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

3

F31ISA must include the person in the children's barred list if—

a

it is satisfied that the person has engaged in relevant conduct, and

b

it appears to F31ISA 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

I1331

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 F31ISA that the conduct is inappropriate;

e

conduct of a sexual nature involving a child, if it appears to F31ISA that the conduct is inappropriate.

I1332

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.

I1333

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.

I1334

Image” means an image produced by any means, whether of a real or imaginary subject.

I1725

A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.

I1336

For the purposes of sub-paragraph (1)(d) and (e), F31ISA must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

I34I134C35

1

This paragraph applies to a person if—

a

it appears to F31ISA that the person falls within sub-paragraph (4), and

b

F31ISA proposes to include him in the children's barred list.

2

F31ISA must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

3

F31ISA must include the person in the children's barred list if—

a

it is satisfied that the person falls within sub-paragraph (4), and

b

it appears to F31ISA 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

I35I1736

1

F31ISA 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

I86b

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.

I862

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 F31ISA.

I863

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

I36I135C3C67

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.

2

If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to IBB.

3

On the reference being made, IBB must include the person in the adults' barred list.

Inclusion subject to consideration of representations

I37I136C3C78

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.

2

If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to F32ISA.

3

On the reference being made, F32ISA must—

a

include the person in the adults' barred list;

b

give the person the opportunity to make representations as to why he should be removed from the adults' barred list.

4

If it appears to F32ISA that it is not appropriate for the person to be included in the list, it must remove him from the list.

Behaviour

I38I137C39

1

This paragraph applies to a person if—

a

it appears to F32ISA that the person has (at any time) engaged in relevant conduct, and

b

F32ISA proposes to include him in the adults' barred list.

2

F32ISA must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

3

F32ISA must include the person in the adults' barred list if—

a

it is satisfied that the person has engaged in relevant conduct, and

b

it appears to F32ISA that it is appropriate to include the person in the list.

I3910

I1381

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 F32ISA that the conduct is inappropriate;

e

conduct of a sexual nature involving a vulnerable adult, if it appears to F32ISA that the conduct is inappropriate.

I1382

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.

I1383

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.

I1384

Image” means an image produced by any means, whether of a real or imaginary subject.

I1745

A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.

I1386

For the purposes of sub-paragraph (1)(d) and (e), F32ISA must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

I40I139C311

1

This paragraph applies to a person if—

a

it appears to F32ISA that the person falls within sub-paragraph (4), and

b

F32ISA proposes to include him in the adults' barred list.

2

F32ISA must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

3

F32ISA must include the person in the adults' barred list if—

a

it is satisfied that the person falls within sub-paragraph (4), and

b

it appears to F32ISA 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

I41I17512

1

F32ISA 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

I87b

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.

I872

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 F32ISA.

I873

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

Annotations:

Procedure

I42I17613

1

F32ISA 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 F32ISA to give an individual the opportunity to make representations as to why he should not be included in a barred list.

Annotations:
Commencement Information
I42

Sch. 3 para. 13 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(a)

I176

Sch. 3 para. 13 in force at 12.10.2009 in so far as not already in force by S.I. 2009/2611, art. 2, Sch.

I43I140C314

When an individual is included in a barred list F32ISA 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 F32ISA 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

I45I141C316

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 F32ISA 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 F32ISA 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 one of the following bodies or any of its committees—

a

the General Teaching Council for England;

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

the Health Professions Council;

k

the General Social Care Council;

l

the Care Council for Wales.

I885

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.

I46I142C317

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, F32ISA 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

F32ISA 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

F32ISA 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

I1431

A person who is included in a barred list may apply to F32ISA for a review of his inclusion.

I1432

An application for a review may be made only with the permission of F32ISA.

3

A person may apply for permission only if—

I143a

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.

I1434

F32ISA 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.

I1435

On a review of a person's inclusion, if F32ISA 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)) 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.

Information

I48I144C319

1

F32ISA 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;

I89b

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 apply;

c

the chief officer of a relevant police force to provide to it any such relevant information;

d

any person who holds information prescribed for the purposes of section 24(8)(c) to provide to it any such information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies.

2

For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records thinks might be relevant in relation to the regulated activity concerned.

3

For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the chief officer thinks might be relevant in relation to the regulated activity concerned.

4

F32ISA must pay to the appropriate police authority such fee as the Secretary of State thinks appropriate for information provided to F32ISA in accordance with sub-paragraph (1)(c).

5

For the purpose of deciding under this Schedule whether or not a person is included in a barred list F32ISA must not take account of relevant police information if the chief officer of the relevant police force thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.

6

In sub-paragraph (5) relevant police information is information which falls within sub-paragraph (3), whether it is obtained by F32ISA in pursuance of sub-paragraph (1)(c) or paragraph 20(2).

7

In this paragraph—

  • caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);

  • “relevant police force” must be construed in accordance with subsection (9) of section 113B of that Act as if the person had made an application for the purposes of that section.

8

If F32ISA so requests, the Secretary of State must inform F32ISA which police forces are relevant police forces in relation to a person.

I49I145C320

1

The Secretary of State may provide to F32ISA 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).

2

The Secretary of State must provide to F32ISA any information relating to a person which is held by him in connection with his functions under this Act (except information he holds relating to an offence prescribed for the purposes of paragraph 4(5) or 10(5) of this Schedule).

I50I9021

F32ISA must provide the Secretary of State with the prescribed information relating to a person if—

I177a

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.

I51I146C322

The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.

I52I147C323

F37ISA 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).

I1483

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.

I1484

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.

I1485

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.

I1486

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.

I1487

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.

8

For the purpose of considering whether the criteria apply to an individual, the Secretary of State must, from time to time, examine records of convictions or cautions held for the use of police forces generally.

I79

Sub-paragraph (8) does not apply to records of convictions made, or cautions given, before such date as is prescribed.

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).

I54I149C325

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 F38ISA will 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

Section 5

Part 1Regulated activity relating to children

Regulated activity: general

I55I91I1501

1

An activity is a regulated activity relating to children if—

a

it is mentioned in paragraph 2(1), and

b

it is carried out frequently by the same person or the period condition is satisfied.

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 any form of work (whether or not for gain),

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.

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 section 79D of the Children Act 1989 (c. 41);

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.

7

For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with section 79A of that Act.

8

The exercise of any function of the following is a regulated activity relating to children—

a

officer of the Children and Family Court Advisory and Support Service;

b

Welsh family proceedings officer (within the meaning of Part 4 of the Children Act 2004 (c. 31)).

9

The exercise of a function of a person mentioned in paragraph 4(1) is a regulated activity relating to children.

10

The exercise of a function of any of the following so far as it relates to the inspection of an establishment mentioned in paragraph 3(1) is a regulated activity relating to children—

a

HM Chief Inspector of Schools in England;

b

HM Chief Inspector of Education and Training in Wales;

C8c

a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school;

d

HM Chief Inspector of Prisons;

F9e

the Care Quality Commission;

F10f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g

the F16Welsh Ministers.

11

The exercise of a function of—

F12a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the F17Welsh Ministers,

so far as it relates to the inspection of an establishment, agency or body falling within sub-paragraph (12) is a regulated activity relating to children.

12

An establishment, agency 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, or

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.

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).

F1113A

The exercise of a function of the Care Quality Commission so far as the function relates to the inspection of anything which—

a

is listed in section 60(1) of the Health and Social Care Act 2008, and

b

involves the provision of any form of treatment or therapy for children,

is a regulated activity relating to children.

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), (8), (10) F13, (11) or (13A) is a regulated activity relating to children.

Activities

I56I92I1512

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;

d

any form of treatment or therapy provided for a child;

e

moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children;

I93f

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), (c) and (d) 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;

d

treatment or therapy provided for a child in the course of his employment.

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.

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

I57I94I1523

1

The establishments referred to in paragraph 1(2) and (10) are—

a

an educational institution which is exclusively or mainly for the provision of full-time education to children;

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));

c

a hospital which is exclusively or mainly for the reception and treatment of children;

d

an institution which is exclusively or mainly for the detention of children;

e

a children's home (within the meaning of section 1 of the Care Standards Act 2000 (c. 14));

f

a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41);

F42fa

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;

c

any form of F18child minding or day care (within the meaning of section 79A of the Children Act 1989 (c. 41)) in respect of which he must be registered under that Act.

F193

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.

Positions

I58I95I1534

1

The persons referred to in paragraph 1(9) are—

a

member of F20or clerk to the governing body of an educational establishment mentioned in section 8(5);

F21aa

person appointed by the governing body of a maintained school to serve on a committee established by that body;

ab

chief executive of a local authority that has any education functions or social services functions;

b

member of a relevant local government body;

c

director of children's services of a local authority in England;

d

director of adult social services of a local authority in England;

e

director of social services of a local authority in Wales;

f

chief education officer of a local authority in Wales;

g

charity trustee of a children's charity;

h

member of the Youth Justice Board for England and Wales;

i

Children's Commissioner or deputy Children's Commissioner appointed under Part 1 of the Children Act 2004 (c. 31);

j

Children's Commissioner for Wales or deputy Children's Commissioner for Wales;

k

operator of a database established in pursuance of section 12(1)(a) or (b) or 29(1)(a) or (b) of the Children Act 2004;

l

member of a Local Safeguarding Children Board established under section 13 or 31 of that Act;

m

member or chief executive of the Children and Family Court Advisory and Support Service;

n

a deputy appointed in respect of a child under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

o

member, chief executive or member of staff of F39ISA.

F22p

an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to children;

q

a person appointed under section 27(1)(a) of the Children Act 2004 as the lead director for children and young people’s services (Wales);

F231A

For the purposes of sub-paragraph (1)(a), a person is a clerk to the governing body of an educational establishment mentioned in section 8(5) if—

a

the person is appointed in accordance with regulations under section 23 of the Education Act 2002 as a clerk to the governing body of a maintained school, or

b

the person is appointed in relation to the governing body of any other educational establishment mentioned in section 8(5) and has functions similar to those of a person falling within paragraph (a).

1B

For the purposes of sub-paragraph (1)(p) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000.

2

For the purposes of sub-paragraph (1)(b), a person is a member of a relevant local government body if—

a

he is a member of a local authority and discharges any education functions, or social services functions, of a local authority;

b

he is a member of an executive of a local authority which discharges any such functions;

c

he is a member of a committee of an executive of a local authority which discharges any such functions;

d

he is a member of an area committee, or any other committee, of a local authority which discharges any such functions.

3

Any reference in sub-paragraph (2) to a committee includes a reference to any sub-committee which discharges any functions of that committee.

4

A charity is a children's charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to children.

5

An individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this sub-paragraph do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.

6

For the purposes of sub-paragraph (1)(k), a person is the operator of a database if he—

a

establishes or maintains the database, or

b

otherwise, exercises any function in relation to the management or control of the database.

7

In this paragraph—

  • area committee” has the same meaning as in section 18 of the Local Government Act 2000 (c. 22);

  • charity” and “charity trustee” have the same meanings as in the Charities Act 1993 (c. 10);

  • education functions”, in relation to a local authority, means any functions with respect to education which are conferred on the authority in its capacity as a local education authority;

  • executive”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000;

  • local authority” has the same meaning as in the Education Act 1996 (c. 56);

  • F24“maintained school” has the same meaning as in section 39 of the Education Act

  • 2002;

  • social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

I59I96I1545

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.

Exceptions

I60I97I98I1556

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

I61I99I1567

1

Each of the following is a regulated activity relating to vulnerable adults if it is carried out frequently by the same person or the period condition is satisfied—

a

any form of training, teaching or instruction provided wholly or mainly for vulnerable adults;

b

any form of care for or supervision of vulnerable adults;

c

any form of assistance, advice or guidance provided wholly or mainly for vulnerable adults;

d

any form of treatment or therapy provided for a vulnerable adult;

e

moderating a public electronic interactive communication service which is likely to be used wholly or mainly by vulnerable adults;

I100f

driving a vehicle which is being used only for the purpose of conveying vulnerable adults and any person caring for the vulnerable adults pursuant to arrangements made in prescribed circumstances;

g

anything done on behalf of a vulnerable adult in such circumstances as are prescribed.

2

For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting vulnerable adults, 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.

3

But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (2)(b) or (c) unless he has—

a

access to the content of the matter;

b

contact with users of the service.

4

An activity carried out in a care home (for the purposes of the Care Standards Act 2000 (c. 14)) which is exclusively or mainly for vulnerable adults is a regulated activity relating to vulnerable adults if—

a

it is carried out at the establishment frequently by the same person or the period condition is satisfied,

b

it is carried out by a person while engaging in any form of work (whether or not for gain),

c

it is carried out for or in connection with the purposes of the establishment, and

d

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 vulnerable adults.

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) or (4) is a regulated activity relating to vulnerable adults.

6

The exercise of the inspection functions of—

F15a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

the F25Welsh Ministers,

is a regulated activity relating to vulnerable adults.

7

Inspection functions are functions 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 an order under section 42 of that Act,

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 English local authority social services or 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).

F148A

The exercise of a function of the Care Quality Commission so far as the function relates to the inspection of anything which—

a

is listed in section 60(1) of the Health and Social Care Act 2008, and

b

involves the provision of social services, care, treatment or therapy for vulnerable adults,

is a regulated activity relating to vulnerable adults.

9

The exercise of a function of a person mentioned in paragraph 8(1) 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.

I62I101I1578

1

The persons referred to in paragraph 7(9) are—

a

member of a relevant local government body;

F26aa

chief executive of a local authority that has any social services functions;

b

director of adult social services of a local authority in England;

c

director of social services of a local authority in Wales;

d

Commissioner for older people in Wales or deputy Commissioner for older people in Wales;

e

charity trustee of vulnerable adults' charity;

f

member or chief executive or member of staff of F40ISA.

F27g

an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to vulnerable adults;

2

For the purposes of sub-paragraph (1)(a), a person is a member of a relevant local government body if—

a

he is a member of a local authority and discharges any social services functions of a local authority which relate wholly or mainly to vulnerable adults;

b

he is a member of an executive of a local authority which discharges any such functions;

c

he is a member of a committee of an executive of a local authority which discharges any such functions;

d

he is a member of an area committee, or any other committee, of a local authority which discharges any such functions.

F282A

For the purposes of sub-paragraph (1)(g) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000.

3

Any reference in sub-paragraph (2) to a committee includes a reference to any sub-committee which discharges any functions of that committee.

4

A charity is a vulnerable adults' charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to vulnerable adults.

5

An individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this sub-paragraph do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.

6

In this paragraph—

  • area committee” has the same meaning as in section 18 of the Local Government Act 2000 (c. 22);

  • charity” and “charity trustee” have the same meanings as in the Charities Act 1993 (c. 10);

  • executive”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000;

  • local authority” has the same meaning as in the Education Act 1996 (c. 56);

  • social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

7

In relation to a local authority—

a

which is a children's services authority (within the meaning of the Children Act 2004 (c. 31)), and

b

which has not appointed a director of children's services under section 18 of that Act,

in sub-paragraph (1)(b) above the word “adult” must be ignored.

I63I102I103I1589

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

I64I104I15910

1

The period condition is satisfied if the person carrying out the activity does so at any time on more than two days in any period of 30 days.

2

In relation to an activity that falls within paragraph 2(1)(a), (b), (c) or (d) or 7(1)(a), (b), (c), (d) or (g), 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 or vulnerable adults (as the case may be).

SCHEDULE 5Appropriate verification

Section 11

Part 1Default position

1

I1051

A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—

a

he obtains relevant information relating to B in pursuance of an application under section 30, or

b

he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.

2

Relevant information” means—

a

in relation to regulated activity relating to children, relevant information relating to children (within the meaning of section 31);

b

in relation to regulated activity relating to vulnerable adults, relevant information relating to vulnerable adults (within the meaning of section 31).

2

1

A regulated activity provider obtains an appropriate verification in accordance with this Part if—

I106a

an enhanced criminal record certificate relating to B is issued during the prescribed period,

F6b

the person who acted as the registered person in relation to the application for the certificate did so on behalf of the regulated activity provider,

c

the regulated activity provider obtains from the registered person the information mentioned in sub-paragraph (2) derived from the certificate.

2

The information is—

a

whether B is subject to monitoring, and

b

whether the F41ISA is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 9 or 11 of Schedule 3.

3

1

This paragraph applies if—

a

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

b

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

I107c

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

I1072

The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from C—

a

that C is appropriately registered in relation to B,

b

that C has no reason to believe that B is barred from the activity, and

c

that C has no reason to believe that B is not subject to monitoring in relation to the activity.

4

1

This paragraph applies if—

a

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

b

B is supplied by a personnel supplier, and

I108c

the permission does not have continuous effect for a period exceeding the prescribed period.

I1082

The regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from the personnel supplier—

a

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

b

that the personnel supplier has no reason to believe that B is barred from the activity, and

c

that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity.

Part 2Prescribed verification

I1095

A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period—

a

he ascertains in the prescribed manner whether B is subject to monitoring in relation to the activity, and

b

he takes prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to him.

6

1

This paragraph applies if—

a

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

b

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

I110c

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

I1102

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

a

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

b

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

3

The confirmation is written confirmation—

a

that C is appropriately registered in relation to B,

b

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

c

that C has no reason to believe that B is not subject to monitoring in relation to the activity, and

d

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

7

1

This paragraph applies if—

a

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

b

B is supplied by a personnel supplier, and

I111c

the permission does not have continuous effect for a period exceeding the prescribed period.

I1112

The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—

a

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

b

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

3

The confirmation is written confirmation—

a

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

b

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

c

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

d

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

Part 3Prescribed verification

I1128

A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.

9

1

This paragraph applies if—

a

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

b

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

I113c

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

I1132

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

a

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

b

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

3

The confirmation is written confirmation—

a

that C is appropriately registered in relation to B,

b

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

c

that C has no reason to believe that B is not subject to monitoring in relation to the activity, and

d

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

10

1

This paragraph applies if—

a

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

b

B is supplied by a personnel supplier, and

I114c

the permission does not have continuous effect for a period exceeding the prescribed period.

I1142

The regulated activity provider obtains an appropriate verification in accordance with this Part if he obtains from the personnel supplier—

a

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

b

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

3

The confirmation is written confirmation—

a

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

b

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

c

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

d

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

Part 4Definitions and power to amend

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F512A

References in this Schedule to a person acting as the registered person in relation to an application for an enhanced criminal record certificate must be construed in accordance with section 113B(12) of the Police Act 1997.

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I11514

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

Annotations:
Commencement Information
I115

Sch. 5 para. 14 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(q)

SCHEDULE 6Employment businesses: failure to check

Section 12

Offences

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

I1161

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

a

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

b

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

c

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

2

For these purposes “enhanced criminal record certificate” means—

a

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

b

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

3

An enhanced criminal record certificate is issued in relation to P only if —

F7a

P acted as the registered person in relation to the application for the certificate, or

b

the person who acted as the registered person in relation to the application did so on behalf of P.

F83A

References in sub-paragraph (3) to a person acting as the registered person in relation to an application for an enhanced criminal record certificate must be construed in accordance with section 113B(12) of the Police Act 1997.

4

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

...

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend paragraph 2(1)(c)

I1175

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

......

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7Vetting Information

Section 30

I1181

This is the table referred to in sections 30 and 32—

Column 1

Column 2

1. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to children

Children

2. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adults

Vulnerable adults

3. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to children

Children

4. Person who permits, or is considering whether to permit, B to engage in controlled activity relating to vulnerable adults

Vulnerable adults

5. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to children

Children

6. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adults

Vulnerable adults

7. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to children

Children

8. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in controlled activity relating to vulnerable adults

Vulnerable adults

9. Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity provider

Children

10. Parent who is considering whether B should be a private foster parent (within the meaning of section 53) in relation to his child

Children

11. Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fostered

Children

12. Local authority (within the meaning of the Children Act 1989) in the exercise of functions under section 67 of that Act considering whether B is suitable —

  1. a

     to foster a child privately (within the meaning of that Act);

  2. b

     to live in premises in which a child is so fostered

Children

13. Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity provider

Vulnerable adults

14. Person who carries on an adult placement scheme and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme

Vulnerable adults

15. Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a child

Children

16. Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adults

Vulnerable adults

17. Appropriate officer (within the meaning of section 13) who is required to obtain relevant information relating to B

Children

18. Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to section 5(1) or 34(1) of the Learning and Skills Act 2000 (c. 21), if engaging in the activity gives B the opportunity to have contact with children

Children

19. Person of a prescribed description who is performing a prescribed function in connection with B in such circumstances as are prescribed

(a) Children (if prescribed for the purposes of this entry);

(b) vulnerable adults (if prescribed for the purposes of this entry)

I1192

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

3

1

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

a

relates to a child who has not attained the age of 16, or

F44b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In entries F451, 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.

F433

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F46arises—

i

in relation to England, under section 10 of the Health and Social Care Act 2008, F47...

F48ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8Transitional provisions

Section 62

Advice by F33ISA

Annotations:
Amendments (Textual)
F33

Words in Sch. 8 paras. 1-3 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(vii), 116(5)(a)

I651

F33ISA 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.

Annotations:
Commencement Information
I65

Sch. 8 para. 1 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(q)

Existing restrictions relating to children

I8I662

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 F33ISA to include the person in the children's barred list;

b

requiring F33ISA to consider including the person in the children's barred list;

c

as to circumstances in which the person may make representations to F33ISA 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 F33ISA's consideration of any matter relating to the person.

3

An order under this paragraph may contain provision—

a

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

b

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

c

for the Secretary of State to prescribe the procedure in relation to an application as mentioned in paragraph (a);

d

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

4

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

5

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

6

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

7

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

Existing restrictions relating to vulnerable adults

I9I673

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 F33ISA to include the person in the adults' barred list;

b

requiring F33ISA to consider including the person in the adults' barred list;

c

as to circumstances in which the person may make representations to F33ISA 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 F33ISA's consideration of any matter relating to the person.

Existing restrictions: supplementary

I10I684

An order under paragraph 2 or 3 may—

a

modify any criminal offence created by this Act;

b

create any new criminal offence,

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

Modifications relating to monitoring

I695

1

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

2

The transitional period is the period—

a

beginning with the commencement of section 2, and

b

ending with the commencement of section 24.

Annotations:
Commencement Information
I69

Sch. 8 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(q)

SCHEDULE 9Amendments

Section 63

Part 1Existing lists

Children Act 1989 (c. 41)

I1781

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)

I122I160I1792

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

I1803

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

I1814

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),

I1825

I123I1611

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

I124I1622

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 ”.

I124I1623

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.

I125I1634

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 ”.

I124I1626

Omit subsection (4).

I124I1627

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;

I1836

I126I1641

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

I127I1652

In subsection (1) for “another person (the “worker”)” substitute “ a registered teacher (the “teacher”) ”.

I127I1653

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 ”.

I128I1664

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 ”.

I127I1656

In subsection (9)—

a

for “Subsections (4) and” substitute “ Subsection ”;

b

for “they apply” substitute “ it applies ”.

I129I167I1847

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)

I1858

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)

I1869

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

I12010

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)

I18711

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)

I18812

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)

I18913

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)

I190C9C13C1114

I168I1691

The Police Act 1997 is amended as follows.

I1702

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.

I1703

In section 113B (enhanced criminal record certificates), in subsection (2)(b) after “required” insert “ for the purposes of an exempted question asked ”.

I168I1694

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.

I1705

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

I1706

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

I1707

In section 119 (sources of information)—

a

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

b

before subsection (2) insert—

1B

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

c

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

d

after subsection (7) insert—

8

In this section a relevant function is a function of the Secretary of State —

a

under this Part in relation to any application for a certificate or for registration;

b

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

c

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

d

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

Data Protection Act 1998 (c. 29)

I12115

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)

I19116

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).

I192I171C10C14C12I193SCHEDULE 10Repeals

Section 63

Annotations:
Commencement Information
I192

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)

I171

Sch. 10 in force at 12.10.2009 for specified purposes by S.I. 2009/2610, art. 2(b) (with arts. 4-23)

I193

Sch. 10 in force at 30.3.2010 for specified purposes by S.I. 2010/1101, art. 5

Modifications etc. (not altering text)
C10

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)

C14

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)

C12

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)