Weekly Epidemiological Record, 2008, vol. 83, 37-38 [full issue]
There shall be a body corporate to be known as the Independent Safeguarding Authority (“ISA”).
Schedule 1 makes provision relating to ISA.
Schedule 2 (transfers to ISA) has effect.
DBS must ... maintain—
the children's barred list;
the adults' barred list.
Part 1 of Schedule 3 applies for the purpose of determining whether an individual is included in the children's barred list.
Part 2 of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.
Part 3 of that Schedule contains supplementary provision.
In respect of an individual who is included in a barred list, DBS must keep other information of such description as is prescribed.
A reference to a person being barred from regulated activity must be construed in accordance with this section.
A person is barred from regulated activity relating to children if he is—
included in the children's barred list;
included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list.
A person is barred from regulated activity relating to vulnerable adults if he is—
included in the adults' barred list;
included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.
An individual who is included in a barred list may appeal to the Upper Tribunal against—
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a decision under paragraph 2, 3, 5, 8, 9 or 11 of Schedule 3 to include him in the list;
a decision under paragraph 17 , 18 or 18A of that Schedule not to remove him from the list.
An appeal under subsection (1) may be made only on the grounds that DBS has made a mistake—
on any point of law;
in any finding of fact which it has made and on which the decision mentioned in that subsection was based.
For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.
An appeal under subsection (1) may be made only with the permission of the Upper Tribunal.
Unless the Upper Tribunal finds that DBS has made a mistake of law or fact, it must confirm the decision of DBS .
If the Upper Tribunal finds that DBS has made such a mistake it must—
direct DBS to remove the person from the list, or
remit the matter to DBS for a new decision.
If the Upper Tribunal remits a matter to DBS under subsection (6)(b)—
the Upper Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and
the person must be removed from the list until DBS makes its new decision, unless the Upper Tribunal directs otherwise.
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A reference to regulated activity relating to children must be construed in accordance with Part 1 of Schedule 4.
A reference to regulated activity relating to vulnerable adults must be construed in accordance with Part 2 of that Schedule.
The Secretary of State may by order amend that Schedule, or any of the modifications of that Schedule in the provisions mentioned in subsection (4), so as to vary the meaning of—
regulated activity relating to children;
regulated activity relating to vulnerable adults.
The provisions are— section 7(5); section 9(5); ... section 19(8); ....
A reference to a regulated activity provider must be construed in accordance with this section.
A person (P) is a regulated activity provider if—
he is responsible for the management or control of regulated activity,
if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes, and
he makes, or authorises the making of, arrangements (whether in connection with a contract of service or for services or otherwise) for another person to engage in that activity.
A person (P) is also a regulated activity provider if section 53(4) (fostering) so provides.
A person (P) is also a regulated activity provider if he carries on a scheme—
under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and
in respect of which a requirement to register arises—
in relation to England, under section 10 of the Health and Social Care Act 2008, or
in relation to Wales, under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.
Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.
Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—
a member of P's family;
a friend of P.
A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person—
to a position mentioned in paragraph 1(9) or 7(9) of Schedule 4,
as a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);
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to any position mentioned in paragraph 7(3E)(a) or (b) of Schedule 4 or to exercise any function exercisable by virtue of that position.
For the purposes of subsection (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend.
A person (S) who is authorised as mentioned in subsection (5)(a) of section 50 of the Social Services and Well-being (Wales) Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (5)(b) or (6)(b) of that section.
If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Act must be taken to be a requirement on or liability of—
the person responsible for the management and control of the association, or
if there is more than one such person, all of them jointly and severally.
The Secretary of State does not make arrangements for another to engage in a regulated activity by virtue of anything the Secretary of State does under section 12A or 12D, or regulations under section 12B, of the National Health Service Act 2006 (direct payments for health services).
“Family” and “friend” must be construed in accordance with section 58.
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The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.
NHS England or an integrated care board does not make arrangements for another to engage in a regulated activity by virtue of anything NHS England or the integrated care board does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).
An individual commits an offence if he—
seeks to engage in regulated activity from which he is barred;
offers to engage in regulated activity from which he is barred;
engages in regulated activity from which he is barred.
A person guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.
It is a defence for a person charged with an offence under subsection (1) to prove—
that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
that he engaged in the activity for no longer than was necessary for that purpose.
For the purposes of this section, Schedule 4 is modified as follows—
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
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In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.
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An individual commits an offence if—
he engages in regulated activity with the permission of a regulated activity provider, and
he is not subject to monitoring in relation to that activity.
An individual commits an offence if—
he engages in an activity which is a regulated activity by virtue of paragraph 1(3) or (6) of Schedule 4, and
he is not subject to monitoring in relation to regulated activity relating to children.
An individual commits an offence if—
he acts as a member of the governing body of an educational establishment mentioned in subsection (5), and
he is not subject to monitoring in relation to regulated activity relating to children.
A person guilty of an offence under subsection (1), (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The establishments are—
an educational institution which is exclusively or mainly for the provision of full-time education to children;
a maintained nursery school (within the meaning of section 39 of the Education Act 2002 (c. 32)).
A person does not commit an offence under subsection (1) or (2) if he has not attained the age of 16.
A person does not commit an offence under subsection (1) if, in relation to any continuous period for which he is permitted to engage in the activity—
the permission is first given before the commencement of this section, and
it continues to have effect after such commencement.
Where subsection (7) applies to a person who is engaged in regulated activity which is relevant NHS employment for the purposes of section 17(1)(d), he does not commit an offence under subsection (1) if he also engages in any other such regulated activity as mentioned in section 17.
Subsection (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
A person does not commit an offence under subsection (1) if the regulated activity—
is regulated activity relating to vulnerable adults, and
falls within section 16.
A person does not commit an offence under subsection (3) if, in relation to any continuous period for which he acts as a governor—
his appointment as a governor first took effect before the commencement of this section, and
it continues to have effect after such commencement.
Subsection (11) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.
It is a defence for a person charged with an offence under subsection (1), (2) or (3) to prove that he did not know, and could not reasonably be expected to know, that he was not subject to monitoring in relation to the activity.
In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
A person commits an offence if—
he permits an individual (B) to engage in regulated activity from which B is barred,
he knows or has reason to believe that B is barred from that activity, and
B engages in the activity.
A personnel supplier commits an offence if—
he supplies an individual (B) to another (P),
he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
he knows or has reason to believe that B is barred from that activity.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
It is a defence for a person charged with an offence under this section to prove—
that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
that the barred person engaged in the activity for no longer than was necessary for that purpose.
For the purposes of this section, Schedule 4 is modified as follows—
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
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In relation to an offence committed before 2 May 2022, the reference in subsection (3)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.
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A regulated activity provider commits an offence if—
he permits an individual (B) to engage in regulated activity in relation to which B is not subject to monitoring,
he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and
B engages in the activity.
A personnel supplier commits an offence if—
he supplies an individual (B) to another (P),
he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and
he knows or has reason to believe that B is not subject to monitoring in relation to that activity.
For the purposes of subsection (2)(b), Schedule 4 is modified as follows—
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
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;
in paragraph 7(4), paragraph (a) must be disregarded.
A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person does not commit an offence under subsection (1) or (2) if B has not attained the age of 16.
A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
the permission is first given before the commencement of this section, and
it continues to have effect after such commencement.
A person does not commit an offence under subsection (1) if—
he falls within section 17,
the permission mentioned in subsection (1) commences at a time when B is engaged in relevant NHS employment mentioned in section 17(1)(b) in circumstances mentioned in subsection (6), and
for the duration of the permission mentioned in subsection (1), B continues to be engaged in that relevant NHS employment.
Subsection (6) or (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
A person does not commit an offence under subsection (1) or (2) if the regulated activity—
is regulated activity relating to vulnerable adults, and
falls within section 16.
In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
A person is not guilty of an offence by virtue of subsection (2) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of this section.
Subsection (11) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
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A regulated activity provider commits an offence if—
he permits an individual (B) to engage in regulated activity,
B engages in the activity, and
he fails to ascertain whether B is subject to monitoring in relation to the activity.
A regulated activity provider ascertains whether B is subject to monitoring only if—
he obtains an appropriate verification in accordance with Part 1 of Schedule 5 and neither of Parts 2 and 3 of that Schedule is prescribed in relation to him,
he obtains an appropriate verification in accordance with Part 2 of that Schedule and that Part is prescribed in relation to him, or
he obtains an appropriate verification in accordance with Part 3 of that Schedule and that Part is prescribed in relation to him.
A person does not commit an offence under subsection (1) if the regulated activity—
is regulated activity relating to vulnerable adults, and
falls within section 16.
A person does not commit an offence under subsection (1) if he falls within section 17.
A person does not commit an offence under subsection (1) if B has not attained the age of 16.
A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
the permission is first given before the commencement of this section, and
it continues to have effect after such commencement.
Subsection (6) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
A person commits an offence if—
he provides written confirmation under Schedule 5 that is false in any material respect, and
he either knows that it is false or is reckless as to whether it is false.
A person guilty of an offence under subsection (1) or (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
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Schedule 6 (employment businesses: failure to check) has effect.
The Secretary of State may by order make provision (including provision amending this Act) corresponding to Schedule 6 in relation to the supply of persons by a personnel supplier otherwise than in the course of carrying on an employment business.
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The appropriate officer (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 relating to any person (B) who is appointed to the governing body of an educational establishment mentioned in section 8(5).
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is a member of the governing body of the establishment—
the appointment first took effect before the commencement of this section, and
it continues to have effect after such commencement.
Subsection (3) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.
An appropriate officer is such person as is prescribed.
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The Secretary of State may by regulations provide that a person commits an offence if—
he engages in activity that is regulated activity by virtue of paragraph 1(9) or 7(9) of Schedule 4, and
he is not subject to monitoring in relation to the activity.
The Secretary of State may by regulations provide that a prescribed person (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 in relation to another person (B) appointed to a position mentioned in paragraph 4(1) or 8(1) of Schedule 4.
Regulations under subsection (1) or (2) may provide for defences to the offence.
An offence created by regulations under this section is punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale.
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This section has effect for the purposes of sections 13 and 14.
P makes a check in accordance with this section if—
he obtains relevant information relating to B in pursuance of an application under section 30, or
he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to P.
P makes a check in accordance with this section if—
an enhanced criminal record certificate relating to B is issued during the prescribed period,
the application for the certificate is countersigned on behalf of P by a registered person (within the meaning of Part 5 of the Police Act 1997 (c. 50)), and
P obtains from the registered person the information mentioned in subsection (4) derived from the certificate.
The information is—
whether B is subject to monitoring, and
whether the Independent Barring Board 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.
In subsection (2)(a) “relevant information” means—
in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 4, relevant information relating to children (within the meaning of section 31);
in relation to a person appointed to a position mentioned in paragraph 8(1) of Schedule 4, relevant information relating to vulnerable adults (within the meaning of section 31).
For the purposes of subsection (2)(b) an enhanced criminal record certificate is issued in relation to P only if—
he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997 (c. 50), or
the application was countersigned on his behalf by such a person.
In this section “enhanced criminal record certificate” means—
in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 4, 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);
in relation to a person appointed to a position mentioned in paragraph 8(1) of Schedule 4, 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).
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Regulated activity falls within this section if it is carried out for the purposes of or in connection with any of the following—
an establishment for the detention of persons in lawful custody (within the meaning of section 59(7)(a) to (c));
a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults;
a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description;
the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing;
welfare services of a prescribed description;
dealing with payments by a person appointed to receive them as mentioned in section 59(10)(f).
Activity does not fall within this section if the individual engaging in the activity is a prison officer acting in the course of his duty.
In subsection (2) “prison officer” includes—
a prisoner custody officer within the meaning of section 89(1) of the Criminal Justice Act 1991 (c. 53);
a custody officer within the meaning of section 12(3) of the Criminal Justice and Public Order Act 1994 (c. 33).
Activity does not fall within this section by virtue of paragraph (b) of subsection (1) if—
the activity is carried out by or for a local authority in connection with the provision of community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990 (c. 19);
the activity is carried out by or in an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14);
the activity is carried out by an agency in relation to which such a requirement arises;
the activity is carried out by a person to whom Part 2 of that Act applies in pursuance of an order under section 42 of that Act of 2000;
the activity is carried out by an NHS body within the meaning of section 17(3) or by a person who provides health care for such a body.
In this section “welfare services”—
includes services which provide support, assistance, advice or counselling to individuals with particular needs;
does not include community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990.
Paragraphs (b), (c), (d) and (e) of subsection (1) cease to have effect on the relevant day.
The relevant day is—
the last day of the period of three years starting on the day any provision of this section is brought into force, or
such later day as the Secretary of State specifies by order.
A date specified under subsection (7)(b) must be not more than three years after—
the relevant day as mentioned in subsection (7)(a), or
the last day specified in respect of the paragraph concerned under subsection (7)(b).
The Secretary of State may by order amend or omit any paragraph of subsection (1).
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A regulated activity provider falls within this section if—
he permits a person (E) to engage in regulated activity,
immediately before the permission takes effect E is engaged in relevant NHS employment,
for the duration of the permission E continues to be engaged in that relevant NHS employment, and
the regulated activity is also relevant NHS employment.
Relevant NHS employment is employment— in which the employee engages in regulated activity.
with an NHS body, or
with a person who provides health care for an NHS body (wherever the health care is provided),
Each of the following is an NHS body—
a National Health Service trust;
a Strategic Health Authority;
an NHS foundation trust;
a Local Health Board;
a Special Health Authority;
a Primary Care Trust.
If an offence under section 9 ... or 38 ... is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of— he (as well as the body) commits the offence.
a director, manager, secretary or other similar officer of the body, or
a person purporting to act in such a capacity,
If an offence under section 9 ... or 38 ... is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of— he (as well as the partnership) commits the offence.
a partner, or
a person purporting to act as a partner,
In subsection (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.
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he permits an individual (B) to engage in a regulated activity in relation to which B is not subject to monitoring,
he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and
B engages in the activity.
A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—
he supplies an individual (B) to another (P),
he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
he knows or has reason to believe that B is barred from the activity.
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he supplies an individual (B) to another (P),
he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and
he knows or has reason to believe that B is not subject to monitoring in relation to the activity.
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A person guilty of an offence under subsection (2) is liable—
on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
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that person is guilty of the offence, and
he may be proceeded against and punished whether or not proceedings are also taken against the regulated activity provider.
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For the purpose of subsection (2)(b), Schedule 4 is modified as follows—
in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
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In relation to an offence committed 2 May 2022, the reference in subsection (5)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.
A person does not commit an offence under section 19 if B has not attained the age of 16.
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is regulated activity relating to adults, and
falls within section 16.
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the permission is first given before the commencement of that section, and
it continues to have effect after such commencement.
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the regulated activity provider for whom he acts or appears to act falls within section 17,
the permission mentioned in subsection (1) of section 19 commences at a time when B is engaged in relevant NHS employment mentioned in section 17(1)(b) in circumstances mentioned in subsection (3) above, and
for the duration of the permission mentioned in subsection (1) of section 19, B continues to be engaged in that relevant NHS employment.
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A reference to a controlled activity relating to children must be construed in accordance with this section.
An activity which falls within any of subsections (3) to (7) is a controlled activity to the extent that it is not a regulated activity relating to children.
An activity falls within this subsection if—
it consists in or is carried out in connection with any form of health care, treatment or therapy to which subsection (8) applies,
it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
it gives the person an opportunity mentioned in subsection (9).
An activity falls within this subsection if—
it is carried out in a further education institution (within the meaning of section 140(3) of the Education Act 2002 (c. 32)),
it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days,
it is carried out by the person while engaging in any form of work (whether or not for gain),
it is carried out for or in connection with the purposes of the institution, and
it gives the person the opportunity mentioned in subsection (9)(a).
An activity falls within this subsection if—
it consists in making payments under section 17A of the Children Act 1989 (c. 41) or the provision of assistance either in connection with the making of such payments or securing the provision of services paid for out of them,
it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
it gives the person the opportunity mentioned in subsection (9)(a).
An activity falls within this subsection if it is carried out as mentioned in subsection (10) frequently and it gives a person carrying out the activity the opportunity to have access to—
health, educational or social services records relating to children;
information provided pursuant to section 117(1) of the Learning and Skills Act 2000 (c. 21);
in the case of a person carrying out an activity mentioned in subsection (10)(b), records of family proceedings (within the meaning of section 8(3) of the Children Act 1989) held by the Children and Family Court Advisory and Support Service;
in the case of a person carrying out an activity mentioned in subsection (10)(c), records of family proceedings (within the meaning of section 8(3) of the Children Act 1989) held by the National Assembly for Wales.
An activity falls within this subsection if it consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity which falls within subsection (3), (4) or (6).
This subsection applies to health care, treatment or therapy which is provided for a child—
in pursuance of arrangements made by or under an enactment,
in an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14), or
by an agency in relation to which such a requirement arises.
The opportunities are—
opportunity to have any form of contact with children;
opportunity to have access to the health records of children.
The activity is carried out—
for, or on behalf of, a local authority (in the exercise of its educational or social services functions);
for, or on behalf of, the Children and Family Court Advisory and Support Service;
for, or on behalf of, the National Assembly for Wales (in the exercise of its functions under Part 4 of the Children Act 2004 (c. 31) (Welsh family proceedings));
for, or on behalf of, the Qualifications and Curriculum Authority;
for, or on behalf of, Her Majesty’s Chief Inspector of Schools in England;
for, or on behalf of, HM Chief Inspector of Education and Training in Wales;
for, or on behalf of, an establishment or agency in respect of which a requirement to register arises under section 11 of the Care Standards Act 2000.
In this section—
This paragraph applies to a person if— DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list. DBS must include the person in the children's barred list if— A person falls within this sub-paragraph if he may—
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. Sub-paragraph (4) applies if it appears to DBS that— DBS must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list. Sub-paragraph (6) applies if— If DBS — it must include the person in the list. Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose. If DBS — it must include the person in the list.
DBS must not include a person in the adults' barred list— 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 DBS . 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.
The Teaching and Higher Education Act 1998 is amended as follows.
In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert—.
Section 2(4) (advisory functions of General Teaching Council) is omitted.
In section 3(3) (eligibility for registration), after paragraph (a) insert—.
Section 15 (supply of information following dismissal etc) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2)— In subsection (3)— Omit subsection (4). “relevant employer” means— “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;
Section 15A (supply of information by contractor, agency, etc) is amended as follows. In subsection (1) for “another person (the “worker”)” substitute “ a registered teacher (the “teacher”) ”. In subsection (2)— In subsection (3)— In subsection (4)— In subsection (9)—
In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from “of the powers exercisable” to the end substitute “ of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006 ”.
An activity is a regulated activity relating to children if— The following activities fall within this sub-paragraph— In this Part of this Schedule “ relevant personal care ” means— In this Part of this Schedule — Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid. An activity is a regulated activity relating to children if— Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which— Work falls within this sub-paragraph if it is any form of work which is not for gain, other than— The reference in subsection (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned. Each of the following, if carried out in England, is a regulated activity relating to children— Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act. It is a regulated activity relating to children to foster a child (as mentioned in section 53). Each of the following, if carried out in Wales, is a regulated activity relating to children— For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with section 19 of the Children and Families (Wales) Measure 2010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The exercise of a function of the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales is a regulated activity relating to children. The exercise of a function so far as the function— is a regulated activity relating to children. The matters in this sub-paragraph are— The exercise of a function to which sub-paragraph (10) applies so far as the function— is a regulated activity relating to children. This sub-paragraph applies to a function of— The exercise of a function of the Welsh Ministers so far as the function— is a regulated activity relating to children. An establishment, agency , service provider or body falls within this sub-paragraph if it is— and it provides any form of treatment or therapy for children. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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), (9A), (9C) or (11) is a regulated activity relating to children. Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.
DBS must provide the Secretary of State with such advice as he requests in connection with—
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);
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);
any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person.
The Secretary of State may make payments to ISA of such amounts, at such times and on such conditions (if any) as he thinks appropriate.
If ISA thinks— ISA may make such payment (if any) to the person as it thinks appropriate. “Action” includes failure to act.
A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.
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An order under paragraph 2 or 3 may— but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.
modify any criminal offence created by this Act;
create any new criminal offence,
In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert—.
Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted.
In section 68 of the Children Act 1989 (persons disqualified from being private foster parents) after subsection (3) insert—
The Data Protection Act 1998 is amended as follows. In section 56 (prohibition of requirement as to production of certain records) in the table in subsection (6)— In section 75 (commencement etc.), after subsection (4) insert—
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The chairman and members hold and must vacate office as such in accordance with the terms of their respective appointments. The appointment of a person to hold office is for a term not exceeding five years. A person holding office may at any time resign that office by giving notice in writing to the Secretary of State. 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 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).
ISA must pay to its employees such remuneration and allowances as it may determine. ISA 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. Employment with ISA 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 Safeguarding Authority. ” If any person— the Minister for the Civil Service may determine that his service as a member of ISA is to be treated for the purposes of the scheme as if his service as a member were service as an employee of ISA (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3). ISA 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.
This paragraph applies to a person if— DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list. DBS must include the person in the children's barred list if— 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. In sub-paragraph (4)—
This paragraph applies to a person if— DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list. DBS must include the person in the adults' barred list if—
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in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
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;
in paragraph 7(4), paragraph (a) must be disregarded.
ISA shall consist of— The chairman and other members—
ISA shall have— The chairman may be appointed as chief executive. ISA may make arrangements for persons to be seconded to ISA to serve as members of its staff. A member of a police force on temporary service with ISA shall be under the direction and control of ISA.
For the purposes of paragraph 3 relevant conduct is— A person's conduct endangers a child if he— “Sexual material relating to children” means— “Image” means an image produced by any means, whether of a real or imaginary subject. A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph. For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
For the purposes of paragraph 9 relevant conduct is— A person's conduct endangers a vulnerable adult if he— “Sexual material relating to children” means— “Image” means an image produced by any means, whether of a real or imaginary subject. A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph. For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
A person who is part of a group in relation to which another (P) engages in regulated activity relating to children does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this paragraph, would amount to engaging in regulated activity relating to children.
section 101 of that Act;
The Protection of Children Act 1999 is amended as follows. Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted. In section 9 (the Tribunal)— In section 12 (interpretation)—
Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows. In subsection (1) (meaning of “relevant service”), after paragraph (cg) insert—. In subsections (6)(a) and (8), after “(cg)” insert “ , (ch) ”>.
In section 58 of the Care Standards Act 2000, after subsection (3) insert—
The Secretary of State may, by order, amend subsections (2) to (11) (including by adding new subsections or omitting or varying any of the subsections or anything contained in them).
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A reference to a controlled activity relating to vulnerable adults must be construed in accordance with this section.
An activity which is ancillary to or is carried out wholly or mainly in relation to an activity which falls within subsection (4) is a controlled activity to the extent that it is not a regulated activity relating to vulnerable adults if—
it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
it gives the person an opportunity mentioned in subsection (5).
An 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 subsection (2) is also a controlled activity relating to vulnerable adults.
Each of the following falls within this subsection—
the provision of primary care services;
the provision of hospital services;
the provision of domiciliary care;
the making of arrangements in connection with an adult placement scheme;
the provision of community care services;
the making of payments under section 57 of the Health and Social Care Act 2001 (c. 15);
such other activity as is prescribed.
The opportunities are—
opportunity to have any form of contact with a vulnerable adult;
opportunity to have access to the health records or social services records (within the meaning of section 21(11)) of a vulnerable adult;
opportunity to have access to such other information as may be prescribed relating to a vulnerable adult.
In this section—
general ophthalmic services provided in accordance with section 38 of the National Health Service Act 1977 (c. 49);
The establishments referred to in paragraph 1(2) and (9C) are— Relevant childcare premises are any part of premises on which a person carries on— But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided. For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child. “Parental responsibility” has the same meaning as in the Children Act 1989.
As soon as possible after the end of each financial year ISA must issue a report on the exercise of its functions during that year. ISA must arrange for the report to be published in such manner as it considers appropriate.
ISA is not to be regarded— ISA's property is not to be regarded as property of, or property held on behalf of, the Crown.
A document purporting to be signed on behalf of ISA shall be received in evidence and, unless the contrary is proved, be taken to be so signed.
The Secretary of State may direct ISA to submit a report to him on any matter regarding the exercise of ISA's functions as may be specified in the direction.
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. Sub-paragraph (4) applies if it appears to DBS that— DBS must give the person the opportunity to make representations as to why the person should not be included in the children's barred list. Sub-paragraph (6) applies if— If DBS — it must include the person in the list. Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose. If DBS — it must include the person in the list.
DBS must not include a person in the children's barred list— 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 DBS . 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.
The Police Pensions Act 1976 is amended as follows. In section 7(2) (persons eligible for police pensions), after paragraph (cf) insert—. In section 11—
The Police Act 1997 is amended as follows. In section 113A (criminal record certificates) after subsection (6) insert— In section 113B (enhanced criminal record certificates), in subsection (2)(b) after “required” insert “ for the purposes of an exempted question asked ”. After section 113B insert— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 119 (sources of information)—
This paragraph applies to a person if— DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list. DBS must include the person in the adults' barred list if— A person falls within this sub-paragraph if he may—
A person who is included in a barred list may apply to DBS for a review of his inclusion. An application for a review may be made only with the permission of DBS. A person may apply for permission only if— DBS must not grant permission unless it thinks— On a review of a person's inclusion, if DBS 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. The minimum barred period is the prescribed period beginning with such of the following as may be prescribed—
The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.
ISA must pay to the chairman and each of the other members such remuneration and allowances as may be determined by the Secretary of State. ISA must, if required to do so by the Secretary of State— 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, ISA must pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State. Service as chairman or other member of ISA 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 Safeguarding Authority. ” ISA 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.
ISA may to such extent as it may determine delegate any of its functions to— A committee mentioned in sub-paragraph (1)(c) which consists of both members and members of staff must be chaired by a member.
ISA must keep its accounts in such form as the Secretary of State determines. ISA must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides. Before the end of the specified period following the end of each financial year to which the annual accounts relate ISA must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General. The Comptroller and Auditor General must— The financial year is— The specified period is such period as the Secretary of State directs.
In connection with the exercise of any of its functions ISA may— The power conferred by sub-paragraph (1)(b) includes accepting— on such terms as ISA thinks appropriate. But ISA may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the consent of the Secretary of State. Such consent may be given—
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to ISA of any property, rights or liabilities of the Secretary of State. The things that may be transferred by a property transfer scheme include— A property transfer scheme may—
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. If DBS is satisfied that this paragraph applies to a person, it must include the person in the adults’ barred list.
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 DBS intends to rely in taking a decision under this Schedule. Any requirement of this Schedule to give a person an opportunity to make representations does not apply if DBS does not know and cannot reasonably ascertain the whereabouts of the person. 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. Findings of fact made by a competent body are findings of fact made in proceedings before the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before one of the following bodies or any of its committees— The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”. 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.
ISA may to such extent as it may determine delegate any of its functions, other than a core function, to—
a person who is neither a member nor a member of staff;
a committee (including a committee which comprises or includes persons who are neither members nor members of staff).
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, DBS was unable to ascertain his whereabouts. This paragraph also applies to such a person if— If a person to whom this paragraph applies makes such representations after the prescribed time— 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.
A core function is—
determining whether it is appropriate for a person to be included in a barred list;
determining whether to remove a person from a barred list;
considering representations made for the purposes of Schedule 3.
The Secretary of State may make a scheme (a “staff transfer scheme”) providing— A staff transfer scheme may provide for a period before a person became an employee of ISA 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). A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of ISA not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him. 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.
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that person is guilty of the offence, and
he may be proceeded against and punished whether or not proceedings are also taken against P.
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The Secretary of State may, by regulations, make provision as to—
the persons who are permitted to engage in controlled activity;
the steps which must be taken by a responsible person in connection with permitting another to engage in controlled activity;
circumstances in which a responsible person must not permit another to engage in controlled activity.
The regulations may—
include provision for a responsible person who contravenes any provision of the regulations to be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale;
in relation to such an offence, make provision corresponding to sections 18, 19 and 20.
A person is a responsible person if—
he is responsible for the management or control of a controlled activity, and
if the controlled activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes.
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An individual is subject to monitoring in relation to regulated activity if—
he is not barred from engaging in the activity,
he makes a monitoring application,
he satisfies the prescribed requirements, and
he pays such fee (if any) as is prescribed.
A monitoring application must specify whether it is in respect of—
regulated activity relating to children, or
regulated activity relating to vulnerable adults.
On a monitoring application being made the Secretary of State must—
make such enquiries as he thinks appropriate to ascertain whether any relevant information exists in relation to the individual;
request the person who holds such information to provide it to him.
The Secretary of State must—
provide the individual with any disclosable information that he has, or
notify the individual that he has no disclosable information.
Disclosable information is information provided to the Secretary of State under subsection (3)(b) in relation to the individual, but does not include information to which subsection (9) applies.
Subsection (4) does not apply if the individual made an application for an enhanced criminal record certificate (under section 113B of the Police Act 1997 (c. 50)) simultaneously with his monitoring application.
The Secretary of State must also ensure that—
at such intervals as he thinks appropriate such enquiries are made as he thinks appropriate to ascertain whether any new relevant information exists in relation to the individual;
the person who holds such new relevant information is requested to provide it to him.
Relevant information is—
the prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50));
information which the chief officer of a relevant police force thinks might be relevant in relation to the regulated activity concerned;
such other information as may be prescribed.
This subsection applies to information mentioned in subsection (8)(b) which the chief officer of a relevant police force thinks it would not be in the interests of the prevention or detection of crime to disclose to an individual subject to monitoring.
A monitoring application is an application made to the Secretary of State in the prescribed form and manner.
The prescribed requirements may include requirements as to the manner in which the applicant must prove his identity (identification requirements); and if such requirements include a requirement that the applicant has his fingerprints taken at such place and in such manner as may be prescribed, the regulations may make provision requiring their destruction in specified circumstances and by specified persons.
For the purpose of verifying evidence of identity supplied in pursuance of the identification requirements the Secretary of State may obtain such information as he thinks is appropriate from data held—
by the Identity and Passport Service;
by the Driver and Vehicle Licensing Agency;
by the Secretary of State in connection with keeping records of national insurance numbers;
by such other persons or for such purposes as is prescribed.
Relevant information is new if it was not discovered when any earlier inquiries under this section were carried out.
References to a relevant police force must be construed in accordance with section 113B of the Police Act 1997 as if an application under this section were an application under that section.
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This section has effect in respect of fees which may be prescribed in relation to applications for monitoring under section 24.
In setting a fee for an application made during the period of five years beginning with the commencement of that section, the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him before the end of that period (taking one financial year with another)—
in connection with the operation of IBB (including payments under paragraph 11 of Schedule 1);
in respect of any other expenditure of the Secretary of State in connection with his functions under this Act.
In setting a fee for an application made after that period, the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him—
in making payments under paragraph 11 of Schedule 1;
in respect of any other expenditure of the Secretary of State in connection with his functions under this Act.
For the purposes of subsection (2), it is immaterial that any expenditure is incurred before the commencement of section 24.
The power to prescribe fees is exercisable only with the consent of the Treasury.
Fees received by the Secretary of State by virtue of section 24(1)(d) must be paid into the Consolidated Fund.
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The Secretary of State may cease monitoring as mentioned in section 24 in relation to an individual in such circumstances as are prescribed.
The Secretary of State must cease such monitoring in relation to an individual who—
satisfies the Secretary of State that he is not engaged in the regulated activity concerned, and
requests the Secretary of State to cease monitoring.
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A person (P) must not, in connection with— require that other person or a third party to supply him with a relevant record.
the recruitment of another person as an employee, or
the continued employment of another person,
A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record.
Subsection (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 7(1) of Schedule 4 and the activity is for, or for the benefit, of—
P himself;
a child, or vulnerable adult, who is a member of P’s family;
a child, or vulnerable adult, who is a friend of P.
“Family” and “friend” must be construed in accordance with section 58.
A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A relevant record is the record of information provided by the Secretary of State under section 24(4).
An employee is an individual who— whether or not he is entitled to remuneration; and “employment” must be construed accordingly.
works under a contract of employment, as defined by section 230(2) of the Employment Rights Act 1996 (c. 18),
provides any service under a contract for services, or
holds any office,
After section 119A of the Police Act 1997 (c. 50) (further sources of information: Scotland) insert—
Section 122 of the Police Act 1997 (c. 50) (code of practice) is amended as follows.
In subsection (1) after “information provided to” insert “ , or the discharge of any function by, ”.
In subsection (3) for the words from “The Secretary of State” to “application” substitute “ Subsection (3A) applies if the Secretary of State thinks that the registered person who countersigned an application for a certificate under section 113A or 113B ”.
After subsection (3) insert—
The Secretary of State must provide a person (A) with the information mentioned in subsection (4) in relation to another (B) if—
A makes an application for the information,
the application contains the appropriate declaration, and
the Secretary of State has no reason to believe that the declaration is false.
The appropriate declaration is a declaration by A—
that he falls within column 1 of a specified entry, and
that B has consented to the provision of the information to A.
In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.
The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by section 24A.
The information is—
if column 2 of the specified entry refers to children, relevant information relating to children, and
if column 2 of the specified entry refers to vulnerable adults, relevant information relating to vulnerable adults.
Paragraph (b) of subsection (2) does not apply if the specified entry is 17.
If B consents to the provision of information to A in relation to an application under this section, the consent also has effect in relation to any subsequent such application by A.
The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).
The Secretary of State may by regulations make provision requiring a local authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under section 17A of the Children Act 1989 (c. 41) or section 57 of the Health and Social Care Act 2001 (c. 15) , ... in accordance with section 31 or 32 of the Care Act 2014, or in accordance with regulations made under section 49A of, or Schedule A1 to, the Social Services and Well-being (Wales) Act 2014 to inform the person of his right to obtain relevant information under this section.
This section has effect for the purposes of section 30.
Relevant information relating to children is—
whether B is subject to monitoring in relation to regulated activity relating to children, and
if so, whether he is undergoing assessment.
Relevant information relating to vulnerable adults is—
whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and
if so, whether he is undergoing assessment.
B is undergoing assessment if—
the Secretary of State is required to notify B as mentioned in section 24(4) in connection with B's monitoring application but has not yet done so;
B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section;
in relation to subsection (2)(b), IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3;
in relation to subsection (3)(b), IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of that Schedule.
In subsection (4)(b) “simultaneous application” means an application made simultaneously with B's monitoring application under section 24.
The Secretary of State may by order amend the preceding provisions of this section for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).
The Secretary of State must establish and maintain a register for the purposes of this section.
The Secretary of State must register a person (A) in relation to another (B) if—
A makes an application to be registered in relation to B,
the application contains the appropriate declaration,
the Secretary of State has no reason to believe that the declaration is false, and
B is subject to monitoring in relation to the regulated activity to which the application relates.
The appropriate declaration is a declaration by A—
that he falls within column 1 of a specified entry, and
that B has consented to the application.
In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.
A's application and registration relate—
if column 2 of the specified entry refers to children, to regulated activity relating to children;
if column 2 of the specified entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.
The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates.
The requirement under subsection (6) is satisfied if notification is sent to any address recorded against A's name in the register.
Paragraph (b) of subsection (3) does not apply if the specified entry is 17.
If B consents to the provision of information to A under section 30 the consent also has effect as consent to any application by A to be registered in relation to B under this section.
The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).
In this section references to registration are to registration in the register maintained for the purposes of section 32.
Once a person is notified as mentioned in subsection (6) of that section, his registration ceases.
DBS may cancel a person's registration in such circumstances as are prescribed.
DBS must cancel a person's registration—
if the person applies for it to be cancelled;
in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled.
When a person's registration is cancelled under subsection (3) or (4)(b), DBS must notify him of that fact.
The requirement under subsection (5) is satisfied if notification is sent to any address recorded against A's name in the register.
An individual commits an offence if, in an application made for the purposes of section 30 or 32—
he makes a false declaration, and
he either knows that it is false or is reckless as to whether it is false.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Subsection (2) applies to—
a regulated activity provider who holds any prescribed information in relation to a person (P) engaged in regulated activity provided by him;
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A person to whom this subsection applies must provide DBS with the information if—
he withdraws permission for P to engage in the activity for a reason mentioned in subsection (3), or
he does not withdraw permission for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity.
The reasons are that the person to whom subsection (2) applies thinks—
that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,
that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or
that the harm test is satisfied.
The harm test is that P may—
harm a child or vulnerable adult,
cause a child or vulnerable adult to be harmed,
put a child or vulnerable adult at risk of harm,
attempt to harm a child or vulnerable adult, or
incite another to harm a child or vulnerable adult.
For the purposes of subsection (3)(b), conduct is inappropriate if it appears to the person to whom subsection (2) applies to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
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is regulated activity relating to vulnerable adults, and
falls within section 16,
This section does not apply if the conditions specified in subsection (2) are fulfilled before the section is commenced.
A personnel supplier must provide DBS with any prescribed information it holds in relation to a person (P) who has been supplied by it to another person if the supplier knows that P has ceased to be engaged in regulated activity ... in the circumstances mentioned in subsection (2)(a) or (b) of section 35.
A personnel supplier which is an employment agency or employment business must provide DBS with any prescribed information it holds in relation to a person (P) for whom it acts if—
the agency or business determines to cease to act for P for a reason mentioned in subsection (4), or
it does not determine to cease to act for P for such a reason but would or might have done so if its arrangement with, or employment of, him had not otherwise come to an end.
A personnel supplier which is an educational institution must provide DBS with any prescribed information it holds in relation to a student (P) following a course at the institution if—
the institution determines to cease to supply P to another person for him to engage in regulated ... activity for a reason mentioned in subsection (4),
the institution determines that P should cease to follow a course at the institution for a reason mentioned in subsection (4), or
it does not determine as mentioned in paragraph (a) or (b) for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course.
The reasons are that the personnel supplier thinks—
that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,
that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or
that the harm test is satisfied.
The harm test is that P may—
harm a child or vulnerable adult,
cause a child or vulnerable adult to be harmed,
put a child or vulnerable adult at risk of harm,
attempt to harm a child or vulnerable adult, or
incite another to harm a child or vulnerable adult.
For the purposes of subsection (4)(b), conduct is inappropriate if it appears to the personnel supplier to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
An employment agency acts for a person if it makes arrangements with him with a view to—
finding him employment with an employer, or
supplying him to employers for employment by them.
An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity.
In this section “employment” has the same meaning as in the Employment Agencies Act 1973 (c. 35).
This section does not apply if the conditions specified in subsection (1), (2) or (3) are fulfilled before the section is commenced.
This section applies if DBS is considering—
whether to include any person in a barred list;
whether to remove any person from a barred list.
DBS may require— to provide DBS with any prescribed information he or it holds relating to the person.
any regulated activity provider who has made arrangements for that person to engage in regulated activity (whether or not the arrangements are still in place),
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any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or
any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated ... activity,
An employment agency acts for a person if it makes arrangements with him with a view to—
finding him relevant employment with an employer, or
supplying him to employers for relevant employment by them.
Relevant employment is employment which consists in or involves engaging in regulated ... activity.
An employment business acts for a person if it employs him to engage in regulated ... activity for and under the control of other persons.
In this section “employment” has the same meaning as in the Employment Agencies Act 1973 (c. 35).
A person commits an offence if—
he is required under section 35 or 36 or in pursuance of section 37 to provide information to DBS , and
he fails, without reasonable excuse, to provide the information.
A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A local authority may provide DBS with any ... information they hold relating to a person if the first and second conditions are satisfied.
The first condition is that the local authority thinks—
that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
that the harm test is satisfied.
The harm test is that the person may—
harm a child or vulnerable adult,
cause a child or vulnerable adult to be harmed,
put a child or vulnerable adult at risk of harm,
attempt to harm a child or vulnerable adult, or
incite another to harm a child or vulnerable adult.
The second condition is that the local authority thinks—
that the person is or has been, or might in future be, engaged in regulated activity ..., and
(except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list.
A local authority may provide DBS with any ... information it holds relating to a person if—
the local authority think that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
the condition in subsection (4) is satisfied.
For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
“Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39).
This section applies if DBS is considering—
whether to include any person in a barred list;
whether to remove any person from a barred list.
If DBS thinks that a local authority hold any prescribed information relating to the person, it may require the authority to provide it with the information.
The local authority must comply with a requirement under subsection (2).
“Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970.
A keeper of a relevant register may provide DBS with any ... information he holds relating to a person if the first and second conditions are satisfied.
The first condition is that the keeper thinks—
that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
that the harm test is satisfied.
The harm test is that the person may—
harm a child or vulnerable adult,
cause a child or vulnerable adult to be harmed,
put a child or vulnerable adult at risk of harm,
attempt to harm a child or vulnerable adult, or
incite another to harm a child or vulnerable adult.
The second condition is that the keeper thinks—
that the person is or has been, or might in future be, engaged in regulated activity ..., and
(except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list.
A keeper of a relevant register may provide DBS with any ... information he holds relating to a person if—
he thinks that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
the condition in subsection (4) is satisfied.
For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
In this section—
a relevant register is a register appearing in column 1 of the following table, and
in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table. Relevant register Keeper of the register 1. The register of teachers maintained under section 3 of the Teaching and Higher Education Act 1998 (c. 30) The General Teaching Council for Wales 2.The register maintained under article 19 of the Pharmacy Order 2010 The registrar appointed under article 18 of that Order. 3.Any of the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54) The registrar of the General Medical Council 4. The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that Act The registrar appointed under section 14 of that Act 5. The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that Act The registrar of the General Optical Council 6. The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21) The Registrar of Osteopaths 7. The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17) The Registrar of Chiropractors 8. The register of social workers and social care workers in Wales maintained under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) the registrar appointed under section 81 of that Act 9. The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253) The registrar appointed under Article 4 of that Order 10. The register of members of relevant professions maintained under Article 5 of the Health Professions Order 2001 The registrar appointed under Article 4 of that Order 11. The register of social workers in England kept under section 39(1) of the Children and Social Work Act 2017 The registrar appointed under section 39(3)(a) of the Children and Social Work Act 2017 or, in the absence of such an appointment, Social Work England 12. The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024 The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order
The Secretary of State may by order amend the table in subsection (7) by inserting an entry or amending or omitting an entry for the time being contained in the table.
This section applies if DBS is considering—
whether to include in a barred list a person who appears on a relevant register;
whether to remove such a person from a barred list.
DBS may require the keeper of the register to provide it with any prescribed information he holds relating to the person.
The keeper of the register must comply with a requirement under subsection (2).
References to a relevant register and the keeper of a relevant register must be construed in accordance with section 41(7).
Subsection (2) applies if—
DBS knows or thinks that a person (A) appears on a relevant register, and
either—
A is included in a barred list, or
DBS is aware that A is subject to a relevant disqualification.
DBS must—
notify the keeper of the register of the circumstances mentioned in subsection (1)(b)(i) or (as the case may be) (ii), and
in the case where A is included in a barred list, provide the keeper of the register with such of the information on which DBS relied in including A in the list as DBS considers—
to be relevant to the exercise of any function of the keeper, and
otherwise appropriate to provide.
Subsection (4) applies if the keeper of a relevant register applies to DBS to ascertain in relation to a person (A) whether—
A is included in a barred list, or
DBS is aware that A is subject to a relevant disqualification.
DBS must notify the keeper of the register as to whether the circumstances are as mentioned in subsection (3)(a) or (as the case may be) (b).
relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
is relevant to the exercise of any function of the keeper of the register.
DBS may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as DBS considers appropriate.
information that any of the events mentioned in subsection (1)(a) and (b) has occurred in relation to the person;
the information mentioned in subsection (2)(b);
information falling within paragraph 19(5) of Schedule 3.
In this section—
a relevant register is a register appearing in column 1 ... of the table in section 41(7), and
in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
Subsection (5B) applies if—
a keeper of a register has applied to DBS to be notified in relation to a person (A) if—
A is included in a barred list, or
DBS is aware that A is subject to a relevant disqualification, and
the application has not been withdrawn.
A person is subject to a relevant disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to a barred list.
DBS must notify the keeper of the register if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii).
For the purposes of subsection (5A)(b) an application is withdrawn if—
the keeper of the register notifies DBS that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii) in relation to A, or
DBS cancels the application on either of the following grounds—
that the keeper has not answered, within such reasonable period as was required by DBS, a request from DBS as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be) (ii), or
that A neither appears in the register nor is being considered for inclusion in the register.
A keeper of a relevant register may apply for information under this section, or to be notified under this section, in relation to a person (A) only if—
A appears in the register, or
A is being considered for inclusion in the register.
The duties in subsections (2), (4) and (5B) do not apply if DBS ... is satisfied that the keeper of the register already has the information concerned.
DBS may determine the form, manner and contents of an application for the purposes of this section.
In this section relevant information is information—
which—
relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
is relevant to the exercise of any function of the keeper of the register, but
which is not—
information that the circumstances are as mentioned in subsection (1)(b)(i) or (ii) in relation to a person,
any information provided under subsection (2)(b), or
information falling within paragraph 19(5) of Schedule 3.
The Secretary of State may by order amend subsection (5G).
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If the keeper of a relevant register applies to the Secretary of State for information within subsection (2) in relation to a person (B), the Secretary of State must provide the keeper of the register with that information.
The information within this subsection is—
whether B is barred from regulated activity relating to children or vulnerable adults,
whether IBB is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or 9 or 11 of Schedule 3,
whether B is subject to monitoring in relation to regulated activity relating to children or vulnerable adults,
if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in section 24(4), whether the Secretary of State has yet done so, and
if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.
The keeper of a relevant register may apply for information under this section in relation to a person only if—
the person appears in the register, or
the person is being considered for inclusion in the register.
In this section—
a relevant register is a register appearing in column 1 of entry 1 or 8 of the table in section 41(7), and
in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.
In subsection (2)(e) “simultaneous application” means an application made simultaneously with B’s monitoring application under section 24.
The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2).
The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section.
A supervisory authority may provide DBS with any ... information it holds relating to a person if the first and second conditions are satisfied.
The first condition is that the supervisory authority thinks, on the basis of relevant evidence—
that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
that the harm test is satisfied.
The harm test is that the person may—
harm a child or vulnerable adult,
cause a child or vulnerable adult to be harmed,
put a child or vulnerable adult at risk of harm,
attempt to harm a child or vulnerable adult, or
incite another to harm a child or vulnerable adult.
The second condition is that the supervisory authority thinks—
that the person is or has been, or might in future be, engaged in regulated activity ... , and
(except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list.
The supervisory authority may provide DBS with any ... information it holds relating to a person if—
it thinks, on the basis of relevant evidence, that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
the condition in subsection (4) is satisfied.
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A supervisory authority is—
a registration authority within the meaning of section 5 of the Care Standards Act 2000 (c. 14) in respect of its functions under Part 2 of that Act;
the Welsh Ministers in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);
the Secretary of State in respect of the Secretary of State's functions under sections 141B to 141E of the Education Act 2002;
the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008;
the Secretary of State in respect of the Secretary of State's functions under Chapter 1 of Part 4 of the Education and Skills Act 2008;
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the Secretary of State in respect of his functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) ;
the Welsh Ministers in respect of their functions under Chapter 4 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 and Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4);
the Public Guardian in the exercise of his functions;
Her Majesty's Chief Inspector of Schools in England in the exercise of his functions;
the Welsh Ministers in respect of their functions under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
Her Majesty's Chief Inspector of Education and Training in Wales in the exercise of his functions;
the Charity Commissioners for England and Wales in the exercise of their functions.
the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989;
Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in subsection (7).
The Secretary of State may by order amend subsection (7) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the subsection.
For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the supervisory authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
This section applies if DBS is considering—
whether to include in a barred list a person in relation to whom DBS thinks that a supervisory authority may have prescribed information;
whether to remove such a person from a barred list.
DBS may require the supervisory authority to provide it with any prescribed information it holds relating to the person.
The supervisory authority must comply with a requirement under subsection (2).
If a supervisory authority applies to DBS for information within subsection (2) or (3) relating to a person (B), DBS must provide the supervisory authority with that information.
The information within this subsection is—
whether B is barred from regulated activity relating to children,
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The information within this subsection is—
whether B is barred from regulated activity relating to vulnerable adults,
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A supervisory authority may apply for information under this section only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
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The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2) or (3).
DBS may determine the form, manner and contents of an application for the purposes of this section.
This section applies if—
a person is ... included in the children's barred list,
DBS becomes aware that a person is subject to a relevant children's disqualification, ...
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DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1).
A supervisory authority is an interested supervisory authority only if—
it has applied to DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and
the application has not been withdrawn.
A supervisory authority may apply to DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.
A person is subject to a relevant children's disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list.
The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.
DBS may determine the form, manner and contents of an application for the purposes of this section.
This section applies if—
a person is ... included in the adults' barred list,
DBS becomes aware that a person is subject to a relevant adults' disqualification, ...
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DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a) or (b) (as the case may be) of subsection (1).
A supervisory authority is an interested supervisory authority only if—
it has applied to DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and
the application has not been withdrawn.
A supervisory authority may apply to DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).
For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.
A person is subject to a relevant adults' disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.
The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section.
DBS may determine the form, manner and contents of an application for the purposes of this section.
This section applies if DBS has information that it thinks is relevant to a supervisory authority.
DBS may (whether on an application by the authority or otherwise) provide the supervisory authority with the information.
Information is relevant to a supervisory authority if— but does not include information falling within paragraph 19(5) of Schedule 3 or of any circumstance mentioned in section 48(1) or 49(1) in relation to a person.
it relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and
is relevant to the exercise of any function of the authority which is mentioned in section 45(7),
A supervisory authority may apply to DBS under this section only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in section 45(7).
DBS may determine the form, manner and contents of an application for the purposes of this section.
Subject to the provisions of this section, this Act and any regulations or orders made under it bind the Crown.
No contravention by the Crown of any provision of this Act or of any regulations or order made under it makes the Crown criminally liable.
Despite subsection (2), this Act and any regulations or orders made under it apply to persons in Crown employment (within the meaning of the Employment Rights Act 1996 (c. 18)) as they apply to other persons.
Subsection (2) of section 6 does not apply in relation to any activity carried out by the Crown.
Each government department and other body performing functions on behalf of the Crown—
if the department or body engages in regulated activity, is the regulated activity provider in relation to the activity;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (5) “body” includes office-holder.
Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity (within the meaning of section 38(3) of the Crown Proceedings Act 1947 (c. 44)).
DBS may provide any information it has to a chief officer of police for use for any of the following purposes—
the prevention, detection and investigation of crime;
the apprehension and prosecution of offenders.
the appointment of persons who are under the direction and control of the chief officer,
any prescribed purpose
DBS must, for use for any of the purposes mentioned in subsection (1), provide to any chief officer of police who has requested it a barred list or information as to whether a particular person is barred.
DBS may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which DBS reasonably believes to be relevant to that authority.
DBS must, for use for the purposes of the protection of children or vulnerable adults, provide to any relevant authority who has requested it information as to whether a particular person is barred.
The powers conferred by this section do not limit any other power of DBS to provide information for any purpose or to any person.
In this section, “a chief officer of police” includes—
the Chief Constable of the Police Service of Northern Ireland ;
the chief constable of the Police Service of Scotland ;
the Chief Constable of the British Transport Police Force;
the Chief Constable of the Civil Nuclear Constabulary;
the Chief Constable of the Ministry of Defence Police;
the Director General of the National Crime Agency;
the Provost Marshal of the Royal Navy Police;
the Provost Marshal of the Royal Military Police;
the Provost Marshal of the Royal Air Force Police;
the Provost Marshal for serious crime;
the Chief Constable of the Isle of Man Constabulary;
the Chief Officer of the States of Jersey Police Force;
the Chief Officer of the salaried police force of the Island of Guernsey.
In this section “relevant authority” means—
the Secretary of State exercising functions in relation to prisons, or
a provider of probation services (within the meaning given by section 3(6) of the Offender Management Act 2007).
For the purposes of the provisions mentioned in subsection (2), it is immaterial whether there is a finding of fact in any proceedings.
The provisions are— section 35(3)(b) and (c); section 36(4)(b) and (c); section 39(2)(b) and (c) and (5)(a); section 41(2)(b) and (c) and (5)(a); section 45(2)(b) and (c) and (5)(a).
Despite section 58, this Act applies to activity that is regulated activity by virtue of paragraph 1(5) of Schedule 4.
Subsection (1) does not affect the operation of this Act in relation to any other activity that is carried out in connection with a foster child.
Subsection (4) applies if a person (P)—
makes arrangements for another person to foster a child as a private foster parent, and
has power to terminate the arrangements.
P is, if he would not otherwise be, a regulated activity provider in relation to fostering carried out by the foster parent in pursuance of the arrangements.
The following provisions of this section apply for the purposes of this Act.
A person fosters a child if he is a foster parent of the child.
A person is a foster parent if—
the person is a local authority foster parent within the meaning of section 105 of the Children Act 1989;
he is a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act;
he is a private foster parent.
A person is a private foster parent if he falls within subsection (9) and looks after a child—
for reward, or
in pursuance of an arrangement made by someone other than a member of the child's family.
A person falls within this subsection if—
he fosters the child privately within the meaning of section 66(1) of the Children Act 1989,
he would be so fostering the child but for subsection (2) of that section (minimum period of 28 days), or
(in the case of a child who has attained the age of 16) he would fall within paragraph (a) or (b) if the child were under the age of 16.
A person's family includes— and references to a family relationship and family member are to be construed accordingly.
the person's foster child;
the foster child of any member of the person's family;
The Secretary of State may, by order, make such provision (including provision amending any enactment contained in or made under any Act, including this Act) as he thinks necessary or expedient in consequence of or having regard to any relevant Scottish legislation or relevant Northern Ireland legislation.
An order may—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
confer power to make subordinate legislation (within the meaning given by the Interpretation Act 1978 (c. 30)).
Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks—
corresponds to provision made by or under this Act,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
affects the operation of any provision made by or under this Act.
Relevant Northern Ireland legislation is any provision of such legislation which the Secretary of State thinks—
corresponds to provision made by or under this Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
affects the operation of any provision made by or under this Act.
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An Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1) (legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act—
is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but
is subject to annulment in pursuance of a resolution of either House of Parliament.
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section 8(9) or (12);
section 10(8) or (12);
section 11(7);
section 13(1), (4) or (5);
section 20(4) or (7);
section 23(1);
section 30(8);
paragraph 3(3) of Schedule 6.
If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to any function of the Welsh Ministers to which the provision applies, or would apply in consequence of the exercise of the power, the Secretary of State must not exercise the power without the consent of the Welsh Ministers—
section 45(9);
section 46(2);
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section 48(7) ... ;
section 49(7) ... .
If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to Wales, the Secretary of State must not exercise the power unless he first consults the Welsh Ministers—
section 5(3);
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section 35(1);
section 36(1), (2) or (3);
section 37(2);
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section 40(2);
section 41(8);
section 42(2);
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section 64(2);
section 65;
paragraph 1(1), 2(1), 7(1) or 8(1) of Schedule 3;
paragraph 2(1)(f) or 7(1)(f) or (g) of Schedule 4;
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A power to make subordinate legislation is a power to make regulations or an order.
In the application of section 61 to the exercise of a power by the Welsh Ministers by virtue of this section—
the reference in subsection (2) of that section to either House of Parliament must be taken to be a reference to the National Assembly for Wales;
the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Assembly.
No claim for damages lies in respect of any loss or damage suffered by any person in consequence of—
the fact that an individual is included in a barred list;
the fact that an individual is not included in a barred list;
the provision of ... information in pursuance of any of sections 35, 36, 37, 39, 40, 41, 42, 45 and 46.
Subsection (1)(c) does not apply to the provision of information which is untrue by a person who knows the information is untrue and either—
he is the originator of the information and he knew at the time he originated the information that it was not true, or
he causes another person to be the originator of the information knowing, at the time the information is originated, that it is untrue.
Nothing in this Act affects section 8 of the Human Rights Act 1998 (c. 42) as it relates to the power of a court to award damages in respect of an unlawful act of a public authority (within the meaning of that Act).
This Act does not apply to any activity which is carried out in the course of a family relationship.
This Act does not apply to any activity which is carried out—
in the course of a personal relationship, and
for no commercial consideration.
A family relationship includes a relationship between two persons who—
live in the same household, and
treat each other as though they were members of the same family.
A personal relationship is a relationship between or among friends.
A friend of a person (A) includes a person who is a friend of a member of A's family.
The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—
carried out in the course of a family relationship;
carried out in the course of a personal relationship.
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A person is a vulnerable adult if he has attained the age of 18 and—
he is in residential accommodation,
he is in sheltered housing,
he receives domiciliary care,
he receives any form of health care,
he is detained in lawful custody,
he is by virtue of an order of a court under supervision by a person exercising functions for the purposes of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),
he receives a welfare service of a prescribed description,
he receives any service or participates in any activity provided specifically for persons who fall within subsection (9),
payments are made to him (or to another on his behalf) in pursuance of arrangements under section 57 of the Health and Social Care Act 2001 (c. 15), or
he requires assistance in the conduct of his own affairs.
Residential accommodation is accommodation provided for a person—
in connection with any care or nursing he requires, or
who is or has been a pupil attending a residential special school.
A residential special school is a school which provides residential accommodation for its pupils and which is—
a special school within the meaning of section 337 of the Education Act 1996 (c. 56);
an independent school (within the meaning of section 463 of that Act) which is approved by the Secretary of State in accordance with section 347 of that Act;
an independent school (within the meaning of section 463 of that Act) not falling within paragraph (a) or (b) which, with the consent of the Secretary of State given under section 347(5)(b) of that Act, provides places for children with special educational needs (within the meaning of section 312 of that Act);
an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provides accommodation for children.
Domiciliary care is care of any description or assistance falling within subsection (5) whether provided continuously or not which a person receives in a place where he is, for the time being, living.
Assistance falls within this subsection if it is (to any extent) provided to a person by reason of—
his age;
his health;
any disability he has.
Health care includes treatment, therapy or palliative care of any description.
A person is in lawful custody if he is—
detained in a prison (within the meaning of the Prison Act 1952 (c. 52));
detained in a remand centre, young offender institution or secure training centre (as mentioned in section 43 of that Act);
detained in an attendance centre (within the meaning of section 53(1) of that Act);
a detained person (within the meaning of Part 8 of the Immigration and Asylum Act 1999 (c. 33)) who is detained in a removal centre or short-term holding facility (within the meaning of that Part) or in pursuance of escort arrangements made under section 156 of that Act.
The reference to a welfare service must be construed in accordance with section 16(5).
A person falls within this subsection if—
he has particular needs because of his age;
he has any form of disability;
he has a physical or mental problem of such description as is prescribed;
she is an expectant or nursing mother in receipt of residential accommodation pursuant to arrangements made under section 21(1)(aa) of the National Assistance Act 1948 or care pursuant to paragraph 1 of Schedule 8 to the National Health Service Act 1977 (c. 49);
he is a person of a prescribed description not falling within paragraphs (a) to (d).
A person requires assistance in the conduct of his own affairs if—
a lasting power of attorney is created in respect of him in accordance with section 9 of the Mental Capacity Act 2005 (c. 9) or an application is made under paragraph 4 of Schedule 1 to that Act for the registration of an instrument intended to create a lasting power of attorney in respect of him;
an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of him is registered in accordance with that Schedule or an application is made under that Schedule for the registration of an enduring power of attorney in respect of him;
an order under section 16 of that Act has been made by the Court of Protection in relation to the making of decisions on his behalf, or such an order has been applied for;
an independent mental capacity advocate is or is to be appointed in respect of him in pursuance of arrangements under section 35 of that Act;
independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 (c. 41) or section 187 of the National Health Service (Wales) Act 2006 (c. 42)) are or are to be provided in respect of him;
a representative is or is to be appointed to receive payments on his behalf in pursuance of regulations made under the Social Security Administration Act 1992 (c. 5).
The Secretary of State may by order provide that a person specified in the order or of a description so specified who falls within subsection (1) is not to be treated as a vulnerable adult.
In this Act— “ adult ” means a person who has attained the age of 18; “the adults' barred list” must be construed in accordance with section 2(1)(b); “barred list” means the children's barred list or the adults' barred list; “child” means a person who has not attained the age of 18; “the children's barred list” must be construed in accordance with section 2(1)(a); “DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012; “educational institution” includes any training provider (within the meaning of Part 3 of the Education Act 2005 (c. 18)), whether or not the training provider would otherwise be regarded as an institution; “employment agency” and “employment business” must be construed in accordance with the Employment Agencies Act 1973 (c. 35); “personnel supplier” means— a person carrying on an employment agency or an employment business, or an educational institution which supplies to another person a student who is following a course at the institution, for the purpose of enabling the student to obtain experience of engaging in regulated ... activity; “prescribed” means prescribed by regulations made by the Secretary of State; “supervisory authority” must be construed in accordance with section 45(7); “vulnerable adult” means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 4 is provided.
“supervisory authority” must be construed in accordance with section 45(7);
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. If DBS is satisfied that this paragraph applies to a person, it must include the person in the children’s barred list.
“the children’s barred list” must be construed in accordance with section 2(1)(a);
Section 1
Section 1
Section 2
DBS 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. Sub-paragraph (1) does not, without more, require DBS to give an individual the opportunity to make representations as to why he should not be included in a barred list.
DBS may require— For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records reasonably believes to be relevant in relation to the regulated activity concerned. For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the relevant chief officer reasonably believes to be relevant in relation to the regulated activity concerned. DBS must pay to the appropriate local policing body such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c). For the purpose of deciding under this Schedule whether or not a person is included in a barred list DBS must not take account of relevant police information if the relevant chief officer thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person. In sub-paragraph (5) relevant police information is information ... obtained by DBS in pursuance of sub-paragraph (1)(c) .... In this paragraph— Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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). The Secretary of State may, by order, make such provision as he thinks appropriate—
When an individual is included in a barred list DBS must take all reasonable steps to notify the individual of that fact.
The Secretary of State may provide to DBS any information relating to a person which is held by him in connection with his functions under— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision DBS is required or authorised to take under this Schedule. Such provision may include provision as to the time within which anything is to be done.
DBS must provide the Secretary of State with the prescribed information relating to a person if—
it includes that person in a barred list;
it is considering whether to include him in a barred list;
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.
DBS must inform the Scottish Ministers if a person is included in a barred list.
DBS 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.
Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to— which has not yet been determined. DBS may, at any time, review the person's inclusion in the list. On any such review, DBS may remove the person from the list if, and only if, it is satisfied that, in the light of— it is not appropriate for the person to be included in the list.
DBS may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).
The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are— The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under— 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. For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore— 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. In sub-paragraph (5)— 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—
A 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 DBS will or (as the case may be) may include him in the barred list concerned. This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.
Section 5
The activities referred to in paragraph 1(1) are— Sub-paragraph (1)(a), (b) and (c) do not include— Sub-paragraph (2) does not apply if— Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. Sub-paragraph (1)(b)— The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned. Sub-paragraph (1)(c) does not include any legal advice. 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— But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has— 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.
The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children. Before giving guidance under this paragraph, the Secretary of State must consult the Welsh Ministers. The Secretary of State must publish guidance given under this paragraph. A regulated activity provider or a personnel supplier must, in exercising any functions under this Act, have regard to guidance for the time being given under this paragraph.
Each of the following is a regulated activity relating to vulnerable adults— Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002. Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid. Relevant personal care means— Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and social care worker means a person who is a social care worker by virtue of section 55(2)(a) of that Act. In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act. Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person— Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of— Relevant assistance in the conduct of a person’s own affairs is also representing or supporting the person in pursuance of arrangements made under section 67 or 68 of the Care Act 2014 (independent advocacy support). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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) ... is a regulated activity relating to vulnerable adults. The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults. An inspection function is a function relating to the inspection of— 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. 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The exercise of a function of the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales is a regulated activity relating to vulnerable adults. 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.
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The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.
The period condition is satisfied if the person carrying out the activity does so at any time on more than three days in any period of 30 days. In relation to an activity that falls within paragraph 2(1)(a), (b) or (c) ..., the period condition is also satisfied if—
Section 11
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he ascertains in the prescribed manner whether B is subject to monitoring in relation to the activity, and
he takes prescribed steps to have an enhanced criminal record certificate relating to B issued in relation to him.
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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);
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).
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he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997, or
the application was countersigned on his behalf by such a person.
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he is registered in relation to B under section 32,
his registration relates to monitoring in relation to the activity that he has permitted or supplied B to engage in, and
he has notified the Secretary of State of the address to which communications are to be sent in connection with his registration.
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Section 12
Section 30
This is the table referred to in sections 30A and 30B— Column 1 Column 2 1. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to children Children 2. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adults Vulnerable adults . . . . . . . . . . . . 5. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to children Children 6. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adults Vulnerable adults . . . . . . . . . . . . 9. Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity provider Children 10. Parent who is considering whether B should be a private foster parent (within the meaning of section 53) in relation to his child Children 11. Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fostered Children 12. Local authority (within the meaning of the Children Act 1989) in the exercise of functions under section 67 of that Act considering whether B is suitable — to foster a child privately (within the meaning of that Act); to live in premises in which a child is so fostered Children 13. Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity provider Vulnerable adults 14. Person who carries on an adult placement scheme or provides an adult placement service and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme or service Vulnerable adults 15. Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a child Children 16. Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adults Vulnerable adults . . . Children 18. Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to section ... 100 of the Apprenticeships, Skills, Children and Learning Act 2009 , section 14 of the Education Act 2002 orsection 88(1) or (2), 89(3), 92(1), 97(1) or (7), 103(1) or (2), 104(1)(a) or 136(1) of the Tertiary Education and Research (Wales) Act 2022, if engaging in the activity gives B the opportunity to have contact with children Children . . . . . . 19. The DBS in relation to members and employees and prospective members and employees of the DBS Children and vulnerable adults
The Secretary of State may by order amend this Schedule.
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— In entries 1, 5 and 9 in the table the reference to regulated activity includes a reference to an activity which would be a regulated activity if— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Parental responsibility has the same meaning as in the Children Act 1989 (c. 41).
A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.
An adult placement scheme is a scheme—
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
in respect of which a requirement to register arises—
in relation to England, under section 10 of the Health and Social Care Act 2008, ...
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An adult placement service, in relation to Wales, has the meaning given in paragraph 6 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).
Section 62
This paragraph applies to a person who is— The Secretary of State may, by order, make such provision as he thinks appropriate— An order under this paragraph may contain provision— In sub-paragraph (3)(d) “prescribe” means prescribe by regulations made by statutory instrument. Regulations made by virtue of sub-paragraph (3)(c) are subject to annulment in pursuance of a resolution of either House of Parliament. Regulations made by virtue of sub-paragraph (3)(d) are subject to annulment in pursuance of a resolution of the National Assembly for Wales. Sections 61(5) and 64(1) apply to power to make regulations by virtue of sub-paragraph (3)(d) as they apply to power to make regulations under this Act.
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Section 63
Section 63 Short title and chapter Extent of repeal Children Act 1989 (c. 41) In Schedule 9A, in paragraph 4(2), paragraphs (a) and (b) Police Act 1997 (c. 50) Sections 113C to 113F Teaching and Higher Education Act 1998 (c. 30) Section 2(4) In section 3(3), paragraph (a) Section 15(4) Protection of Children Act 1999 (c. 14) Sections 1 to 4C and 7 In section 9(1), the words from “which shall exercise” to the end In section 9(2), paragraphs (a), (b) and (e) Section 9(3A) In section 12, all the definitions in subsection (1) except the definition of “prescribed”, and subsections (2) to (3A) Section 13 Care Standards Act 2000 (c. 14) Sections 80 to 89, 91 to 99 and 101 In Schedule 4, in paragraph 26, both of the sub-paragraphs numbered (2) and sub-paragraph (4) Criminal Justice and Court Services Act 2000 (c. 43) Sections 24 and 26 to 38 In section 42(1), the definition of “disqualification order” Schedule 4 In Schedule 7, paragraphs 155, 157 and 158 Education Act 2002 (c. 32) Sections 142 to 144 In Schedule 21, paragraphs 75, 76(b), 86(2), 121, 122(a), 123 and 128 Adoption and Children Act 2002 (c. 38) In Schedule 3, paragraph 94 Health and Social Care (Community Health and Standards) Act 2003 (c. 43) Section 189(1) to (3) In Schedule 9, paragraph 14 Criminal Justice Act 2003 (c. 44) Section 299 Schedule 30 Children Act 2004 (c. 31) Section 39 In Schedule 1, paragraph 11 In Schedule 2, paragraphs 6 and 7 Civil Partnership Act 2004 (c. 33) In Schedule 21, paragraph 49A Constitutional Reform Act 2005 (c. 4) In Schedule 11, paragraph 35 Inquiries Act 2005 (c. 12) In Schedule 2, paragraphs 18 and 19 Serious Organised Crime and Police Act 2005 (c. 15) Schedule 14, paragraph 2 Childcare Act 2006 (c. 21) In section 75(3), paragraphs (a) and (b)
A reference (however expressed) to a person being barred must be construed in accordance with section 3.
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Nothing in this Act affects any power to provide information that exists apart from this Act.
Any power under this Act to make orders or regulations is exercisable by statutory instrument.
Subject to subsections (3) and (4), orders or regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament.
An instrument containing provision made— must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.
by order under section 5(3),
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by order under section 54(1) if it contains provision amending any Act or confers power to make subordinate legislation,
under section 64(3),
in regulations prescribing criteria for the purpose of paragraph 1, 2, 7 or 8 of Schedule 3, or
by order under paragraph 6 or 12 of Schedule 3, ...
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Subsection (2) does not apply to an order made under section 65, including such an order which contains provision made under section 64 (except subsection (3) of that section).
A power to make an order or regulations may be exercised so as to make different provision for different purposes.
Schedule 8 has effect.
Schedule 9 contains amendments.
Schedule 10 contains repeals.
Power to make subordinate legislation under this Act includes power to make— as the person making the subordinate legislation thinks necessary or expedient.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
The Secretary of State may by order may make such further provision as he considers appropriate—
for the general purposes, or any particular purpose, of this Act;
in consequence of any provision made by this Act;
for giving full effect to this Act or any provision made by it.
Subordinate legislation under subsection (1) or (2) may amend, repeal, revoke or otherwise modify any enactment (including this Act).
References in this section to subordinate legislation are to an order or regulations under this Act.
Nothing in this Act affects the generality of the power conferred by this section.
This Act (except this section and section 55) comes into force on such day as the Secretary of State appoints by order.
Subject to subsections (2) to (4), the preceding provisions of this Act extend only to England and Wales.
Sections 1, 28, 29 and 55 and Schedule 1 and, so far as relating to those provisions, sections 59 to 61 and 65 also extend to Northern Ireland.
The amendment of an enactment in Schedule 9 has the same extent as the enactment amended, but the amendments made by paragraph 14 of that Schedule do not extend to Scotland.
Her Majesty may by Order in Council direct that this Act extends, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.
This Act may be cited as the Safeguarding Vulnerable Groups Act 2006.