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Safeguarding Vulnerable Groups Act 2006

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1

SCHEDULE 1Independent Barring Board

Membership

1(1)IBB 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

2(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

3(1)IBB 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)IBB 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, IBB 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 IBB 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 Independent Barring Board.

(5)IBB 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

4(1)IBB shall have—

(a)a chief executive;

(b)such other employees as it may appoint.

(2)The chairman may be appointed as chief executive.

(3)IBB may make arrangements for persons to be seconded to IBB to serve as members of its staff.

(4)A member of a police force on temporary service with IBB shall be under the direction and control of IBB.

Remuneration, pensions etc. of staff

5(1)IBB must pay to its employees such remuneration and allowances as it may determine.

(2)IBB 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 IBB 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 Independent Barring Board.

(4)If any person—

(a)on ceasing to be employed by IBB 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 IBB is to be treated for the purposes of the scheme as if his service as a member were service as an employee of IBB (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3).

(5)IBB 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

6(1)IBB 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.

7IBB 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).

8A 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

9(1)As soon as possible after the end of each financial year IBB must issue a report on the exercise of its functions during that year.

(2)IBB must arrange for the report to be published in such manner as it considers appropriate.

10The Secretary of State may direct IBB to submit a report to him on any matter regarding the exercise of IBB’s functions as may be specified in the direction.

Funding

11The Secretary of State may make payments to IBB of such amounts, at such times and on such conditions (if any) as he thinks appropriate.

Accounts

12(1)IBB must keep its accounts in such form as the Secretary of State determines.

(2)IBB 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 IBB 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 IBB 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

13(1)IBB 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)IBB’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Payments in connection with maladministration

14(1)If IBB thinks—

(a)that action taken by or on behalf of IBB amounts to maladministration, and

(b)that a person has been adversely affected by the action,

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

(2)“Action” includes failure to act.

Incidental powers

15(1)In connection with the exercise of any of its functions IBB 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 IBB 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 IBB thinks appropriate.

(3)But IBB 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

16A document purporting to be signed on behalf of IBB shall be received in evidence and, unless the contrary is proved, be taken to be so signed.

Section 1

SCHEDULE 2Transfers to IBB

Staff transfer schemes

1(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 IBB;

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

(c)for the transfer to IBB 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 IBB.

(2)A staff transfer scheme may provide for a period before a person became an employee of IBB 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 IBB 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

2(1)The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to IBB 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 IBB;

(e)make provision about the continuation of legal proceedings.

Schemes: supplementary

3A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.

Section 2

SCHEDULE 3Barred lists

Part 1Children’s barred list

Automatic inclusion

1(1)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

2(1)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—

(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 IBB that it is not appropriate for the person to be included in the list, it must remove him from the list.

Behaviour

3(1)This paragraph applies to a person if—

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

(b)IBB proposes to include him in the children’s barred list.

(2)IBB must give the person the opportunity to make representations as to why he should not be included in the children’s barred list.

(3)IBB 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 IBB 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.

4(1)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 IBB that the conduct is inappropriate;

(e)conduct of a sexual nature involving a child, if it appears to IBB that the conduct is inappropriate.

(2)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.

(3)“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.

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

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

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

Risk of harm

5(1)This paragraph applies to a person if—

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

(b)IBB proposes to include him in the children’s barred list.

(2)IBB must give the person the opportunity to make representations as to why he should not be included in the children’s barred list.

(3)IBB 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 IBB 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

6(1)IBB 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

(b)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.

(2)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 IBB.

(3)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.

Part 2Adults' barred list

Automatic inclusion

7(1)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

8(1)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—

(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 IBB that it is not appropriate for the person to be included in the list, it must remove him from the list.

Behaviour

9(1)This paragraph applies to a person if—

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

(b)IBB proposes to include him in the adults' barred list.

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

(3)IBB 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 IBB that it is appropriate to include the person in the list.

10(1)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 IBB that the conduct is inappropriate;

(e)conduct of a sexual nature involving a vulnerable adult, if it appears to IBB that the conduct is inappropriate.

(2)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.

(3)“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.

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

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

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

Risk of harm

11(1)This paragraph applies to a person if—

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

(b)IBB proposes to include him in the adults' barred list.

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

(3)IBB 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 IBB 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

12(1)IBB 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

(b)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.

(2)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 IBB.

(3)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.

Part 3Supplementary

Procedure

13(1)IBB 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 IBB to give an individual the opportunity to make representations as to why he should not be included in a barred list.

14When an individual is included in a barred list IBB must take all reasonable steps to notify the individual of that fact.

15(1)The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision IBB is required or authorised to take under this Schedule.

(2)Such provision may include provision as to the time within which anything is to be done.

Representations

16(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 IBB 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 IBB 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.

(5)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.

17(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, IBB 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)IBB 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)IBB 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

18(1)A person who is included in a barred list may apply to IBB for a review of his inclusion.

(2)An application for a review may be made only with the permission of IBB.

(3)A person may apply for permission only if—

(a)the application is made after the end of the minimum barred period, and

(b)in the prescribed period ending with the time when he applies for permission, he has made no other such application.

(4)IBB 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.

(5)On a review of a person’s inclusion, if IBB 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.

(6)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

19(1)IBB 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;

(b)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)IBB must pay to the appropriate police authority such fee as the Secretary of State thinks appropriate for information provided to IBB 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 IBB 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 IBB 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 IBB so requests, the Secretary of State must inform IBB which police forces are relevant police forces in relation to a person.

20(1)The Secretary of State may provide to IBB 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 IBB 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).

21IBB must provide the Secretary of State with the prescribed information relating to a person if—

(a)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.

22The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.

23IBB 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

24(1)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.

(2)The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under—

(a)the law of Scotland, Northern Ireland, the Channel Islands or the Isle of Man;

(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).

(3)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.

(4)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.

(5)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.

(6)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.

(7)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.

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

25A 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 IBB will include him in the barred list concerned.

Section 5

SCHEDULE 4Regulated Activity

Part 1Regulated activity relating to children

Regulated activity: general

1(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;

(c)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;

(e)the Commission for Social Care Inspection;

(f)the Commission for Healthcare Audit and Inspection;

(g)the National Assembly for Wales.

(11)The exercise of a function of—

(a)the Commission for Healthcare Audit and Inspection, or

(b)the National Assembly for Wales,

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).

(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) or (11) is a regulated activity relating to children.

Activities

2(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;

(f)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

3(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);

(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 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.

Positions

4(1)The persons referred to in paragraph 1(9) are—

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

(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 IBB.

(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);

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

5A 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

6The 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

7(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;

(f)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—

(a)the Commission for Healthcare, Audit and Inspection;

(b)the Commission for Social Care Inspection;

(c)the National Assembly for Wales,

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).

(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.

8(1)The persons referred to in paragraph 7(9) are—

(a)member of a relevant local government body;

(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 IBB.

(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.

(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.

9The 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

10(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).

Section 11

SCHEDULE 5Appropriate verification

Part 1Default position

1(1)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—

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

(b)the application for the certificate is countersigned on behalf of the regulated activity provider by a registered person (within the meaning of Part 5 of the Police Act 1997 (c. 50)), and

(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 IBB 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

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

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

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

(2)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

5A 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

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

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

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

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

(3)The confirmation is written confirmation—

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

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

(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

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

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

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

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

(3)The confirmation is written confirmation—

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

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

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

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

Part 3Prescribed verification

8A 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

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

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

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

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

(3)The confirmation is written confirmation—

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

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

(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

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

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

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

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

(3)The confirmation is written confirmation—

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

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

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

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

Part 4Definitions and power to amend

11In this Schedule “enhanced criminal record certificate” means—

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

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

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

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

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

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

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

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

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

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

Section 12

SCHEDULE 6Employment businesses: failure to check

Offences

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

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

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

(c)he is not appropriately registered in relation to B.

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

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

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

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

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

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

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

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

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

(2)For these purposes “enhanced criminal record certificate” means—

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

(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 —

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

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

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

Defences

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

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

(b)falls within section 16.

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

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

Modified meaning of regulated activity

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

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

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

(c)in paragraph 7(4), paragraph (a) must be disregarded.

Power to amend paragraph 2(1)(c)

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

Offence: acting for P etc

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

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

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

Section 30

SCHEDULE 7Vetting Information

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

Column 1Column 2
1.  Person who permits, or is considering whether to permit, B to engage in regulated activity relating to childrenChildren
2.  Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adultsVulnerable adults
3.  Person who permits, or is considering whether to permit, B to engage in controlled activity relating to childrenChildren
4.  Person who permits, or is considering whether to permit, B to engage in controlled activity relating to vulnerable adultsVulnerable 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 childrenChildren
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 adultsVulnerable 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 childrenChildren
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 adultsVulnerable 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 providerChildren
10.  Parent who is considering whether B should be a private foster parent (within the meaning of section 53) in relation to his childChildren
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 fosteredChildren

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

(a)

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

(b)

  to live in premises in which a child is so fostered

Children
13.  Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity providerVulnerable 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 schemeVulnerable adults
15.  Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a childChildren
16.  Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adultsVulnerable adults
17.  Appropriate officer (within the meaning of section 13) who is required to obtain relevant information relating to BChildren
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 childrenChildren
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)

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

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

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

(b)is carried on for the purposes of the armed forces of the Crown.

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

(a)it were carried out frequently, or

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

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

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

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

6An adult placement scheme is a scheme—

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

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

Section 62

SCHEDULE 8Transitional provisions

Advice by IBB

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

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

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

(c)any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person.

Existing restrictions relating to children

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

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

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

(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 IBB to include the person in the children’s barred list;

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

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

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

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

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

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

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

(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

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

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

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

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

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

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

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

Existing restrictions: supplementary

4An order under paragraph 2 or 3 may—

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

(b)create any new criminal offence,

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

Modifications relating to monitoring

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

(2)The transitional period is the period—

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

(b)ending with the commencement of section 24.

Section 63

SCHEDULE 9Amendments

Part 1Existing lists

Children Act 1989 (c. 41)

1In 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)

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

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

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

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

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

(2)In subsection (1)—

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

(b)in paragraph (b)—

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

(ii)for “section” substitute “subsection”;

(iii)for “the person” substitute “the teacher”.

(3)After subsection (1) insert—

(1A)The grounds are—

(a)misconduct;

(b)professional incompetence;

(c)conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.

(4)In subsection (2)—

(a)for “a person” substitute “a teacher”;

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

(5)In subsection (3)—

(a)for “a person” substitute “a teacher”;

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

(6)Omit subsection (4).

(7)In subsection (5) for the definition of “relevant employer” substitute—

“relevant employer” means—

(a)a local education authority;

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

(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;.

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

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

(3)In subsection (2)—

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

(b)in paragraph (b) for “section” substitute “subsection”;

(c)in paragraph (c)—

(i)for “worker” substitute “teacher”;

(ii)for “section” substitute “subsection”.

(4)In subsection (3)—

(a)for “worker” substitute “teacher”;

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

(5)In subsection (4)—

(a)for “worker” substitute “teacher”;

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

(6)In subsection (9)—

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

(b)for “they apply” substitute “it applies”.

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

Protection of Children Act 1999 (c. 14)

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

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

(3)In section 9 (the Tribunal)—

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

(b)in subsection (2)—

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

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

(iii)omit paragraph (e);

(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)

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

Childcare Act 2006

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

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

Part 2Other amendments

Police Pensions Act 1976 (c. 35)

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

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

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

(3)In section 11—

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

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

(b)in subsection (2) (meaning of “police authority”), after paragraph (f) insert—

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

(c)in subsection (3) (meaning of “police force”), in paragraph (b), after “(bf),” insert “(bg),”.

Children Act 1989 (c. 41)

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

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

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

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

Police Act 1996 (c. 16)

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

(2)In subsection (1) (meaning of “relevant service”), after paragraph (cg) insert—

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

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

Police Act 1997 (c. 50)

14(1)The Police Act 1997 is amended as follows.

(2)In section 113A (criminal record certificates) after subsection (6) insert—

(7)The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6).

(8)The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.

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

(4)After section 113B insert—

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.

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

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

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

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

(b)before subsection (2) insert—

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

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

(d)after subsection (7) insert—

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

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

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

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

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

Data Protection Act 1998 (c. 29)

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

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

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

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

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

4.  The Independent Barring BoardIts 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)

16In section 58 of the Care Standards Act 2000, after subsection (3) insert—

(4)For the purposes of subsection (1)(a), in considering whether a person is of good character, the Council may have regard to whether he is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

Section 63

SCHEDULE 10Repeals

Short title and chapterExtent of repeal
Children Act 1989 (c. 41)In Schedule 9A, in paragraph 4(2), paragraphs (a) and (b)
Police Act 1997 (c. 50)Sections 113C to 113F
Teaching and Higher Education Act 1998 (c. 30)

Section 2(4)

In section 3(3), paragraph (a)

Section 15(4)

Protection of Children Act 1999 (c. 14)

Sections 1 to 4C and 7

In section 9(1), the words from “which shall exercise” to the end

In section 9(2), paragraphs (a), (b) and (e)

Section 9(3A)

In section 12, all the definitions in subsection (1) except the definition of “prescribed”, and subsections (2) to (3A)

Section 13

Care Standards Act 2000 (c. 14)

Sections 80 to 89, 91 to 99 and 101

In Schedule 4, in paragraph 26, both of the sub-paragraphs numbered (2) and sub-paragraph (4)

Criminal Justice and Court Services Act 2000 (c. 43)

Sections 24 and 26 to 38

In section 42(1), the definition of “disqualification order”

Schedule 4

In Schedule 7, paragraphs 155, 157 and 158

Education Act 2002 (c. 32)

Sections 142 to 144

In Schedule 21, paragraphs 75, 76(b), 86(2), 121, 122(a), 123 and 128

Adoption and Children Act 2002 (c. 38)In Schedule 3, paragraph 94
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Section 189(1) to (3)

In Schedule 9, paragraph 14

Criminal Justice Act 2003 (c. 44)

Section 299

Schedule 30

Children Act 2004 (c. 31)

Section 39

In Schedule 1, paragraph 11

In Schedule 2, paragraphs 6 and 7

Civil Partnership Act 2004 (c. 33)In Schedule 21, paragraph 49A
Constitutional Reform Act 2005 (c. 4)In Schedule 11, paragraph 35
Inquiries Act 2005 (c. 12)In Schedule 2, paragraphs 18 and 19
Serious Organised Crime and Police Act 2005 (c. 15)Schedule 14, paragraph 2
Childcare Act 2006 (c. 21)In section 75(3), paragraphs (a) and (b)

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