Chapter 1: Safeguarding of vulnerable groups
Section 64: Restriction of scope of regulated activities: children
273.Section 64 amends the definition of ‘regulated activity relating to children’ which is set out in Part 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (“SVGA”). Part 1 of Schedule 4 to the SVGA specifies what work a person is barred from doing if he or she is included in the children’s barred list. A person may be included in that list as a result of committing certain offences or following a decision by the Independent Safeguarding Authority (“ISA”) that the individual presents a risk of harm to children. A person can be barred in England and Wales by virtue of being included in a corresponding children’s barred list in Northern Ireland or Scotland. The overall effect of section 64 is to reduce the scope of work that barred individuals are prohibited from doing.
274.Broadly speaking, the activities specified in Part 1 of Schedule 4 to the SVGA comprise paid and unpaid work that involves certain close interaction with or (in a specified place) the opportunity for contact with children. It also includes work carried out by individuals occupying certain positions (‘office-holders’) whose functions relate to services provided for, or in relation to, children. Any work falling within Part 1 of Schedule 4 must not be carried out by an individual who is included in the children’s barred list.
275.The amendments made to the SVGA by this section provide that regulated activity relating to children no longer includes the following:
Any supervised teaching, training or instruction of children, unless any such activity takes place in a specified place such as a school, children’s home or a children’s centre (with the exception of work in specified settings carried out by supervised volunteers, which is to be removed from the scope of regulated activity);
The provision of any care or supervision of children by a person where the provision of such care or supervision is being supervised by another unless, once again, it takes place in a specified place (as above). Further exceptions to this are where certain types of personal care or health care are provided to children, in which case not only will such types of care fall within the definition of regulated activity (even if supervised), they will also fall within that definition if such care is provided only on occasion. This is because the requirement in Schedule 4 to the SVGA for any activity mentioned above to be undertaken regularly (for it to be a regulated activity) is removed in relation to the provision of such personal care or health care;
The provision of any legal advice to a child;
Any paid work that is carried out in a specified place, which gives the worker the opportunity to have contact with children and which is of an occasional or temporary nature (excluding any teaching, training, instruction, care for or supervision of or advice to children that is carried out on an occasional or temporary basis). This would, for example, mean that work carried out in a school by maintenance or building contractors is no longer a regulated activity relating to children but that any teaching by supply/locum teachers would continue to be a regulated activity;
The work of officials of the Children and Family Courts Advisory and Support Service (CAFCASS) and their Welsh equivalents and the work of office-holders in various governance-related or senior management roles, for example a school governor, a local authority director of children’s services, and the Children’s Commissioner for England;
The work of inspectorates in England, for example inspectors of schools, children’s homes and childminding in England;
Inspection work by the Care Quality Commission;
The day-to-day management or supervision, on a regular basis, of any type of work referred to above that is removed from regulated activity; and
Work that is a regulated activity solely because it takes place in a hospital and provides the opportunity for an individual to have contact with children.
276.This section also brings within the meaning of ‘health care’ for the purposes of Part 1 of Schedule 4 to the SVGA, the provision of first aid to a child by anyone acting on behalf of an organisation established to provide first aid (new paragraph 1(1D) of Schedule 4). This means that the work of organisations such as St John’s Ambulance is added to the scope of regulated activity. This would not however encompass a designated first-aider in a workplace.
Section 65: Restriction of definition of vulnerable adults
277.Section 59(1) of the SVGA currently defines vulnerable adults by reference to certain settings or by receipt of certain services and certain specific status. Regulated activity relating to vulnerable adults is currently defined in section 59 of, and Parts 2 and 3 of Schedule 4 to, the SVGA. The definition is widely drafted to cover, for example, “any form of care for or supervision of vulnerable adults” (paragraph 7(1)(b) of Schedule 4) or “any form of assistance, advice or guidance…wholly or mainly for vulnerable adults” (paragraph 7(1)(c)). Regulated activity was also qualified by ‘a frequency condition’ (paragraph 7(1)).
278.Subsection (1) repeals section 59 of the SVGA and subsection (2) inserts a new definition into section 60(1) (interpretation) of the SVGA so that ‘vulnerable adult’ means any person aged 18 or over for whom an activity (that is, a ‘regulated activity’), as defined in paragraph 7(1) (read with paragraphs 7(2) to (3E)) of Schedule 4 to the SVGA, is provided. An adult is vulnerable at the time they are being provided an activity specified to be a regulated activity relating to adults. Section 66 (see paragraph 280 below) amend the definition of regulated activity relating to vulnerable adults.
Section 66: Restriction of scope of regulated activities: vulnerable adults
279.Section 66 replaces the definition of ‘regulated activity’ relating to vulnerable adults (existing paragraphs 7(1) to (3) of Schedule 4 to the SVGA). Subsection (2) replaces the paragraphs 7(1) to (3) with new sub-paragraphs (1) to (3E). These new sub-paragraphs redefine regulated activity in relation to vulnerable adults to include:
the provision of health care treatment in any setting by a health care professional, or by a person acting under the direction or supervision of a health care professional such as a health care assistant in a hospital or care home. This includes first aid provided by organisations such as St John’s Ambulance, as is the case for children;
the provision of relevant personal care in any setting to a person who needs the care because of age, illness or disability. Relevant personal care is defined at new sub-paragraph (3B) as physical care such as assistance with eating, drinking, toileting, washing and dressing; prompting, together with supervision, for those activities, where such prompting and supervision are necessary for their execution; and any training, instruction, advice or guidance in relation to the performance of those activities to a person in need of it by reason of age, illness or disability (for example, a person given training on how to, for example, clean their teeth following a stroke);
the provision of relevant social work by a social worker to clients or potential clients. Relevant social work is defined at new sub-paragraph (3C) as having the meaning in section 55(4) of the Care Standards Act 2000;
the provision of assistance, in relation to general household matters, to a person who requires it because of age, illness or disability. This is defined as day to day assistance with managing the person’s cash, paying bills, or shopping;
the provision of assistance to a person where there is a formal arrangement in place which allows a person to make welfare and/or financial decisions on behalf of another person of a kind specified in new sub-paragraph (3E);
the transportation provided because of a person’s age, illness or disability. Regulations will set out the specific circumstances when transportation will be a regulated activity relating to vulnerable adults, and intended to cover various forms of transportation by hospital porters, emergency care staff, and transport for the purpose of a person’s health or social care needs arranged by or on behalf of the care provider or voluntary organisation.
280.Subsection (3) removes from the definition of regulated activity an activity in a care home provided for vulnerable adults falling within paragraph 7(4) of Schedule 4 to the SVGA. Workers who provide health or personal care or any other regulated activity to care home residents will fall within the revised definition in new paragraph 7(1) of Schedule 4 to the SVGA. Save for a consequential amendment, paragraph 7(5) of Schedule 4 is retained, so line managers with regular day to day management or supervision of a person carrying out a regulated activity as mentioned in new paragraph 7(1) (for example, care home managers) are still within scope.
281.Subsection (5) removes the inspection of providers of English local authority social services (other than local authorities) from the definition of regulated activity relating to vulnerable adults. The inspection of providers of Welsh local authority social services continues to fall within that definition.
282.Subsection (6) removes from the definition of regulated activity certain inspection functions of the Care Quality Commission.
283.Subsections (7) and (8) remove persons in specified roles and offices from the definition of regulated activity, including a member of a relevant local government body, local authority chief executives, charity trustees and the proprietors or managers of regulated establishments or agencies.
284.Subsection (9) removes the period condition in respect of regulated activity for vulnerable adults. This means that a person providing a regulated activity within the meaning of paragraph 7(1) of Schedule 4 to the SVGA will need only do so once to come within the scope of the revised Scheme.
Section 67: Alteration of test for barring decisions
285.This section amends Schedule 3 to the SVGA which sets out how someone may be referred by the Secretary of State to the ISA and included in the children’s barred list (Part 1 of Schedule 3) or the adults’ barred list (Part 2 of Schedule 3).
286.Subsection (1) relates to the children’s barred list and amends the provisions (set out in paragraphs 1(2) and (3) of Schedule 3 to the SVGA) for the automatic barring of persons who meet the prescribed criteria. The prescribed criteria are set out in regulations (the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009: SI 2009/37 (as amended) and refer to circumstances where individuals have been convicted or cautioned for a serious criminal offence, which give rise to a clear indication of risk to children or vulnerable adults. Subsection (1) substitutes new sub-paragraphs 1(2) and 1(3) for those in Schedule 3 to the SVGA to provide that when the Secretary of State has reason to believe that a person meets the criteria for automatic barring (without representations) by the ISA as prescribed in the Prescribed Criteria Regulations, the Secretary of State must refer that person to the ISA. If the ISA is satisfied that paragraph 1 applies to a person (whether or not that person was referred to them by the Secretary of State), the ISA must include that person in the children’s barred list.
287.Subsection (2) substitutes new sub-paragraphs (2) to (8) of paragraph 2 of Schedule 3 to the SVGA for the existing sub-paragraphs (2) to (4) which govern “automatic bars with representations”. These bars are based on criminal convictions or cautions which, whilst not providing such a clear indication of risk as the criteria falling under paragraph 1 of Schedule 3, are still serious and raise the presumption of a risk of harm to children or vulnerable adults. These offences are also set out in the Prescribed Criteria Regulations. New paragraphs 2(2) to (8) of Schedule 3 amend the arrangements for the referral of these cases to the ISA by the Secretary of State so as to limit the requirement for the Secretary of State to make referrals to the ISA and limiting the ISA bars to those engaged in ‘regulated activity’ and those who have been or might in the future be engaged in regulated activity. New paragraph 2(4) requires the ISA to seek representations from an individual who has committed such an offence, prior to reaching a decision on whether to place them on the children’s barred list. If no such representations are received within the prescribed time period, it requires the ISA to place the person on the barred list. If representations are received, then the ISA must consider whether it is appropriate to include the individual in the barred list. New paragraphs 2(6) and (8) limit the application of such bars to those who are engaged, have been engaged or might in the future be engaged in regulated activity.
288.Subsections (3) and (4) provide the same limitation of the bar to those who are engaged in, have been engaged in or might in the future be engaged in, regulated activity, in respect of persons referred to the ISA on the grounds of behaviour (paragraph 3 of Schedule 3 to the SVGA) or risk of harm (paragraph 5 of Schedule 3) in relation to children. These provisions ensure that only those who are engaged in regulated activity, have been engaged in regulated activity or might in the future be engaged in such activity can be placed on the children’s barred list.
289.Subsections (5) to (8) make the same changes as subsections (1) to (4) in respect of persons referred to the ISA or placed on the adults barred list (paragraphs 7 to 11 of Schedule 3 to the SVGA).
Section 68: Abolition of controlled activity
290.Section 68 repeals sections 21 and 22 of the SVGA which define ‘controlled activity’ relating to children and vulnerable adults; it also repeals section 23 of the SVGA which enables regulations to be made governing the steps that employers must take when considering allowing a person to engage in a controlled activity. Under the SVGA ‘controlled activity’ consists of specified types of activities that are ancillary in nature to work that falls within regulated activity. A person barred from engaging in regulated activity may do work that is a controlled activity. Regulations made under section 23 of the SVGA require an employer to check if a person is barred from regulated activity before permitting them to engage in a controlled activity. The purpose of this is to ensure that employers are able to assess if the individual in question is suitable for the controlled activity position and, if so, whether any safeguards need to be put in place. This section abolishes the concept of ‘controlled activity’.
Section 69: Abolition of monitoring
291.This section repeals sections 24 to 27 of the SVGA which, had they been brought into force, would have made provision for the monitoring by the Secretary of State of persons engaged in regulated activity, broadly those individuals who are working closely with, or applying to work closely with, children or vulnerable adults or whose work otherwise falls within the current definition of ‘regulated activity’. The monitoring system would have required the majority of individuals engaged in or seeking to engage in regulated activity to make an application to the Secretary of State to be monitored. Applications to the Secretary of State which revealed any criminality information would have been referred to the ISA for consideration for barring and any person barred could not become or remain “subject to monitoring”. Monitoring of applicants would have involved the collation of any updated material (such as new convictions or cautions) in relation to people registered with the Secretary of State for the purpose of being monitored, and referral of any new information to the ISA so that it could consider whether that person should be included on either or both of the barred lists. This section abolishes those requirements and any other requirements relating to the proposed monitoring scheme.
Section 70: Information for purposes of making barring decisions
292.Subsection (1) amends paragraph 19 of Schedule 3 to the SVGA which provides the ISA with the power to obtain relevant police information in relation to any individual’s case it is considering. As currently drafted, paragraph 19(1) of Schedule 3 requires the police and others to provide the ISA with information about convictions and cautions relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 of Schedule 3 “applies”. Subsection (1) alters this test so that the duty to provide ISA with conviction data operates where any of the relevant paragraphs of Schedule 3 “applies or appears to apply”. This is because it may not be clear to the ISA at the time of the referral whether the criteria for automatic or discretionary barring have been satisfied. Subsection (1) also introduces a requirement for a “reasonable belief” test to be applied by those holding criminality information in respect of the relevance of information to be provided, consistent with the revised test to be applied in relation to police intelligence information disclosed on enhanced criminal record certificates (see section 82).
293.Subsection (2) substitutes a new sub-paragraph (2) of paragraph 20 of Schedule 3 to the SVGA for the existing one. New paragraph 20(2) provides that when the Secretary of State refers a person to the ISA under paragraphs 1, 2, 7 or 8 of Schedule 3 (that is, because the prescribed criteria for the automatic barring provisions is triggered) and (in the case of referrals under paragraphs 2 and 8) the Secretary of State has reason to believe the person is engaging in, has engaged in, or might in the future engage in regulated activity, then the Secretary of State is also obliged to send the ISA certain information. This information will be prescribed details of a relevant matter, that is, prescribed details of convictions or cautions. This is further tempered by the ability for the type of conviction or caution information to be limited by regulations so that not all conviction or caution information will be provided by the Secretary of State to the ISA.
Section 71: Review of barring decisions
294.Section 71 (which inserts a new paragraph 18A into Schedule 3 to the SVGA) enables the ISA to review an individual’s inclusion in either of the barred lists and, in certain circumstances, to remove that person from the list. The circumstances are set out in new paragraph 18A(3).
Section 72: Information about barring decisions
295.Subsection (1) replaces sections 30 to 32 of the SVGA with new sections 30A and 30B. Sections 30 and 32 would have enabled employers and others registering a legitimate interest in a person who was subject to monitoring under section 24 of the SVGA, to be informed should that person become barred. Section 24 is repealed by section 69.
296.New section 30A introduces arrangements for an interested party to obtain from the Secretary of State, on application, information indicating whether a person is barred from regulated activity. Such information may only be provided with the person’s consent. Eligibility to apply for such information is governed by Schedule 7 to the SVGA, and includes, for example, regulated activity providers. New section 30A(5) provides for a fee in respect of such an application, and new section 30A(7) enables the Secretary of State to determine the form, manner and contents of the application. This would result in a reactive notification system where the interested party is told, upon request, whether a particular individual is barred.
297.New section 30B enables persons mentioned in Schedule 7 to the SVGA to register an interest in persons engaged in regulated activity. It requires the Secretary of State to notify the registered person should an individual become barred from regulated activity. Registration requires the consent of the individual engaged in regulated activity and, for this purpose, any consent given by an individual for a barred list check under section 30A suffices for consent for registration under new section 30B. New section 30B(8) provides for a fee to be charged for this service and new section 30B(10) enables the Secretary of State to determine the form, manner and content of any application. This fee will be set at a level necessary to recover the costs of this service. This would result in a proactive notification system whereby the interested person is automatically told when a particular individual is barred.
298.Subsection (2) amends section 33(3) of the SVGA to provide for registration to be periodically renewed and for registration to cease if it is not renewed.
299.Subsections (4) and (5) replace the existing power to add entries to the table in paragraph 1 of Schedule 7 to the SVGA with a power to amend or repeal entries in that table, or add new entries to it.
300.Subsection (6) repeals the provision set out in paragraph 3(1)(b) of Schedule 7 to the SVGA, which enables the Ministry of Defence to carry out barred list checks on those supervising persons aged under 18 working for the armed forces.
Section 73: Duty to check whether person barred
301.This section inserts new section 34ZA into the SVGA. New section 34ZA(1) places a duty on a ‘regulated activity provider’ to ascertain whether a person is barred before permitting that person to engage in regulated activity.
302.New section 34ZA(2) places a similar duty on a personnel supplier who provides persons to work in regulated activity (for example, a provider of agency teachers or care home workers) to ensure that any personnel they provide, knowing that they will be engaging in regulated activity, are not barred.
303.New sections 34ZA(3) to (6) provide that the duties to check are met in particular where the provider has obtained information under new section 30A; obtained an enhanced criminal record certificate (under Part 5 of the Police Act 1997) in respect of regulated activity (which will indicate whether the person is barred); or checked such a certificate and received up-date information in relation to that certificate as provided for under section 83.
304.New section 34ZA(7) enables the Secretary of State by regulations (subject to the negative resolution procedure) to disapply the duties in subsections (1) and (2) in respect of persons of a prescribed description.
Section 74: Restrictions on duplication with Scottish and Northern Ireland barred lists
305.Section 74 prevents duplication between the barred lists held in respect of England and Wales, Northern Ireland, and Scotland. It provides that the ISA must not include a person in the barred lists (which apply in England and Wales) if it knows that the person is included in a corresponding list. A corresponding list is one which is maintained under the law of Scotland or Northern Ireland, and which is specified by order of the Secretary of State as corresponding to either the children’s barred list or the adults’ barred list maintained by the ISA.
306.This section also enables the ISA to remove a person from the barred lists if they know that a person is included in a corresponding list maintained in Northern Ireland or Scotland.
Section 75: Professional bodies
307.This section amends the duties on professional bodies by combining the effects of sections 43 and 44 of the SVGA.
308.Section 41 of the SVGA places an obligation upon professional bodies (also known as keepers of registers), for example the General Medical Council, to provide the ISA with information (of a prescribed sort) about a person whom it may be appropriate to include in a barred list, if certain conditions are met. Subsection (1) replaces the obligation to provide this information with a power to do so and removes the requirement that the information must be of a prescribed sort. This means that the professional body can provide any relevant information to the ISA, if the referral criteria are met.
309.The changes made by subsection (3) ensure that the ISA is under an obligation to inform a professional body that someone on their register is on a barred list. The ISA must also provide the keeper of a register with any information upon which it relied in coming to that decision and which the ISA considers both to be relevant to the functions of the professional body and appropriate to disclose to that body. The amendments to the SVGA also enable a professional body to apply to the ISA for barred list information on an ad hoc basis. The ISA may provide to the professional body any information that is relevant to them; this does not have to be in relation to a barred person. The amendments further provide for a professional body to apply to the Secretary of State to be proactively notified if anyone on their register becomes barred.
310.The provisions ensure that neither the ISA nor the Secretary of State is under any obligation to provide information if the ISA (or the Secretary of State, as the case may be) is satisfied that the professional body already has that information.
Section 76: Supervisory authorities
311.Section 76 makes similar amendments to the provision of information to supervisory authorities (for example Her Majesty’s Chief Inspector of Schools in England). Subsection (1) replaces the duty on a supervisory authority to provide information to the ISA that may be relevant to a barring decision with a power to do so. This subsection and subsection (2) also make several amendments to section 47 of the SVGA which are consequential upon the abolition of monitoring. Subsection (3) ensures that any obligation to provide children’s barred list information to any supervisory authority does not apply if the Secretary of State is satisfied that the supervisory authority already has that information. Subsection (4) makes similar amendments in respect of individuals on the adults’ barred list. Subsection (5) alters the obligation on the ISA to provide the supervisory authority with information to a power to do so and limits the supervisory authority’s ability to request information under section 50 of the SVGA to a situation in which the information is required in connection with one of their functions.
Section 77: Minor amendments
312.Subsection (1) repeals uncommenced amendments to the SVGA made by the Policing and Crime Act 2009 (“the 2009 Act”). Paragraph (a) omits section 87(2) of the 2009 Act, which would have required the notification to employers of an intention by the ISA to bar an individual, prior to the receipt of representations and a final decision as to whether to place a person on the barred lists. Paragraph (b) omits section 89(6) of the 2009 Act which amended the power of the Secretary of State to examine convictions or cautions in connection with criteria for the referral of individuals to the ISA under Schedule 3 to the SVGA; such referrals will now be governed by the revised arrangements in section 67.
313.Subsection (2) amends section 39(1) of the SVGA so as to replace the duty on a local authority to provide information to the ISA which may be relevant to a barring decision with a power to do so.
314.Subsection (3) amends section 50A(1) of the SVGA which governs the provision of information to the police by the ISA. The amendment enables the ISA to provide police forces with information for the purposes of recruitment to the police service and for other reasons which may be prescribed (in addition to the existing grounds of the prevention, detection and investigation of crime, or the apprehension and prosecution of offenders).
315.Subsection (4) places on the ISA a duty to provide, on request to any chief officer of police, information as to whether a person is on a barred list and either or both of the entire barred lists. This applies for any of the reasons for which information can be provided to the police, including the new reasons introduced by subsection (3).
316.Subsection (4) also provides the ISA with a power to inform the Secretary of State, in their capacity as being responsible for Her Majesty’s Prison Service, or the Probation Service, about information which the ISA reasonably believes to be relevant, provided that it is for the purpose of protecting children or vulnerable adults. This subsection also places on the ISA a duty to provide to the Secretary of State (in practice, the Prison Service) or the Probation Service, on request, information about whether a person is on a barred list, provided that it is for the purpose of protecting children or vulnerable adults.
317.Section 64 (see paragraphs 274 to 277) specifies that certain activities that would generally constitute regulated activity relating to children will no longer be within the scope of regulated activity if the person carrying out that activity is subject to regular, day to day supervision by another person who is carrying out regulated activity. Subsection (6) of section 77 inserts new paragraph 5A of Schedule 4 to the SVGA, which provides that the Secretary of State must publish guidance to assist regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that the person being supervised would not be engaging in regulated activity relating to children. New paragraph 5A(2) provides that the Secretary of State must consult the Welsh Ministers before issuing that guidance; and new paragraph 5A(4) requires that regulated activity providers and personnel suppliers must, in exercising any of their functions under the SVGA, have regard to that guidance.
Section 78: Corresponding amendments in relation to Northern Ireland
318.Section 78 introduces Schedule 7, which amends the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“SVGO”). The SVGO provides the framework for the vetting and barring scheme in Northern Ireland.
Schedule 7: Safeguarding of vulnerable groups: Northern Ireland
319.Paragraph 1 replicates the provisions in section 64, which limit the scope of regulated activity in relation to children. However, unlike in England and Wales, the following activities are retained within the scope of regulated activity:
the work of education, health, social care and justice inspectorates;
the activities of Guardians Ad Litem; and
the function of a controller appointed in respect of a child under Article 101 of the Mental Health (NI) Order 1986.
320.A children’s hospital is also being retained as a specified establishment (there is only one dedicated children’s hospital in Northern Ireland) and accordingly persons working in such an establishment would come within the scope of regulated activity.
321.Paragraph 2 replicates the changes to the definition of vulnerable adults as provided for in section 65.
322.Paragraph 3 replicates the provisions in section 66, which limit the scope of regulated activity in relation to vulnerable adults, with some adjustment to reflect differences in Northern Ireland legislation. Paragraph 4 replicates the provisions in section 67 (alteration of test for barring decisions) so that decision-making by the ISA will be conducted consistently across England, Wales and Northern Ireland.
323.Paragraph 5 abolishes controlled activity in Northern Ireland in line with the position in England and Wales provided for in section 68 and paragraph 6 replicates section 69 by abolishing monitoring under the vetting and barring scheme in Northern Ireland.
324.Paragraphs 7 and 8 replicate the provisions of sections 70 and 71, which will alter the way barring decision-making by the ISA will be undertaken and reviewed. Paragraph 9 replicates section 72 (information about barring decisions) by inserting new Articles 32A and 32B into the SVGO. These new Articles make statutory provision for the introduction of new reactive and proactive barred list notification mechanisms in Northern Ireland.
325.Paragraph 10 places a statutory duty on employers, volunteer managers and personnel suppliers to check whether an individual is barred prior to being permitted to engage in regulated activity with children or vulnerable adults in Northern Ireland, as is set out in section 73.
326.Paragraph 11 makes reciprocal provision to section 74 by preventing duplicate inclusion in Northern Ireland, England and Wales, and Scotland barred lists and enabling the ISA to remove a person from a barred list if it knows that a person is included in a corresponding barred list.
327.Paragraphs 12 and 13 replicate the provisions of sections 75 and 76 respectively. These paragraphs provide for information flows between the ISA and professional bodies and regulation and inspection bodies in Northern Ireland. The requirement for professional bodies and regulation and inspection bodies to refer matters to the ISA is also replaced with a power to refer.
328.Paragraph 14 replicates section 77 by making equivalent minor amendments to the SVGO and omitting section 90(2) of the 2009 Act. Included in the minor amendments is provision for the police, prisons and Probation Board for Northern Ireland to obtain barred list information from the ISA.