(1)Section 13 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (educational establishments: check on members of governing body) is amended as follows.
(2)After subsection (1) insert—
“(1A)B commits an offence if—
(a)B acts as a member of the governing body of an educational establishment mentioned in section 8(5), and
(b)B has not consented to P making a check in accordance with section 15(2)(a) or has not provided any information required to make that check.”
(3)In subsection (2) (penalty for offence) after “(1)” insert “or (1A)”.
(4)After subsection (3) insert—
“(3A)A person does not commit an offence under subsection (1A) if, in relation to any continuous period for which the person is a member of the governing body of the establishment—
(a)the person’s appointment first took effect before the commencement of this section, and
(b)it continues to have effect after such commencement.”
(5)In subsection (4) (power of Secretary of State to order that subsection (3) no longer applies) for “Subsection (3) does” substitute “Subsections (3) and (3A) do”.
(6)After subsection (5) insert—
“(6)The period prescribed for the purposes of subsection (1) must not start before B has—
(a)consented to P making a check in accordance with section 15(2)(a), and
(b)provided any information required to make that check.”
(7)In section 8 of that Act (person not to engage in regulated activity unless subject to monitoring) for subsection (11) substitute—
“(11)A person does not commit an offence under subsection (3) if, in relation to any continuous period for which the person is a member of the governing body of the establishment—
(a)the person’s appointment first took effect before the commencement of this section, and
(b)it continues to have effect after such commencement.”
In section 24 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (monitoring)—
(a)in subsection (1)(b) for “a monitoring application” substitute “an application to the Secretary of State under this section (a “monitoring application”)”, and
(b)for subsection (10) substitute—
“(10)The Secretary of State may determine the form, manner and contents of a monitoring application.”
(1)After section 24 of the Safeguarding Vulnerable Groups Act 2006 insert—
(1)An individual subject to monitoring under section 24 in relation to a regulated activity must pay a prescribed fee if—
(a)no fee was payable by virtue of section 24(1)(d) when the individual made a monitoring application (within the meaning of section 24) in respect of the activity, and
(b)there has been a prescribed change of circumstances as a result of which a fee would be payable by virtue of section 24(1)(d) if a monitoring application were now made in respect of the activity.
(2)The amount of the fee payable by virtue of subsection (1) must not exceed the amount of fee which would be payable if a monitoring application were made in respect of the activity as mentioned in subsection (1)(b).
(3)An individual does not cease to be subject to monitoring under section 24 merely because the individual fails to pay a fee required by this section (but see section 30(2A)).”
(2)In section 25 of that Act (monitoring: fees)—
(a)in subsection (1) after “24” insert “or in relation to a change of circumstances under section 24A”,
(b)in subsection (2) after “made” insert “, or change of circumstances occurring,”,
(c)in subsection (3) after “made” insert “or change of circumstances occurring”,
(d)in subsection (4) after “24” insert “or 24A”,
(e)in subsection (5)—
(i)for “power” substitute “powers”, and
(ii)for “is” substitute “are”, and
(f)in subsection (6) after “24(1)(d)” insert “or 24A”.
(3)In section 30 of that Act (provision of vetting information) after subsection (2) insert—
“(2A)The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by section 24A.”
(1)Section 30 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (provision of vetting information) is amended as follows.
(2)In subsection (2) (appropriate declaration)—
(a)in paragraph (a) for “a specified entry” substitute “the table in Schedule 7”, and
(b)after that paragraph (but before the following “and”) insert—
“(aa)that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,
(ab)whether the information is sought by A with a view to permitting or supplying B to carry out paid activity or with a view to making a check in accordance with section 15(2)(a) in relation to the appointment of B to a position in which B will carry out paid activity,”.
(3)Omit subsection (3).
(4)In subsection (4)(a) and (b) (information to be provided) for “column 2 of the specified entry” substitute “A’s declaration states that column 2 of the relevant entry”.
(5)Omit subsection (5).
(6)After subsection (6) insert—
“(6A)Paid activity” means an activity carried out for financial gain.
(6B)The Secretary of State may by regulations provide for an activity to be treated as, or not to be treated as, an activity carried out for financial gain.”
(1)Section 32 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) (notification of cessation of monitoring) is amended as follows.
(2)In subsection (3) (appropriate declaration)—
(a)in paragraph (a) for “a specified entry” substitute “the table in Schedule 7”, and
(b)after that paragraph (but before the following “and”) insert—
“(aa)that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,”.
(3)Omit subsection (4).
(4)In subsection (5)(a) and (b) (information to be provided) for “column 2 of the specified entry” substitute “A’s declaration states that column 2 of the relevant entry”.
(5)Omit subsection (8).
(1)The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
(2)After section 34 insert—
(1)If ISA proposes to include a person (B) in the children’s barred list in the circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 3, it—
(a)must notify any person who is registered in relation to B under section 32 in relation to regulated activity relating to children, and
(b)may notify any other person who it is satisfied falls within subsection (2).
(2)The following fall within this subsection—
(a)any person who is permitting B to engage in regulated activity relating to children,
(b)any responsible person (within the meaning of section 23) who is permitting B to engage in controlled activity relating to children.
(3)A notification under this section must—
(a)explain that ISA has not yet taken a final decision about whether to include B in the barred list, and
(b)include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.
(4)The requirement to notify a person under subsection (1)(a) is satisfied if notification is sent to any address recorded against that person’s name in the register.
(1)If ISA proposes to include a person (B) in the adults’ barred list in the circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 3, it—
(a)must notify any person who is registered in relation to B under section 32 in relation to regulated activity relating to vulnerable adults, and
(b)may notify any other person who it is satisfied falls within subsection (2).
(2)The following fall within this subsection—
(a)any person who is permitting B to engage in regulated activity relating to vulnerable adults,
(b)any responsible person (within the meaning of section 23) who is permitting B to engage in controlled activity relating to vulnerable adults.
(3)A notification under this section must—
(a)explain that ISA has not yet taken a final decision about whether to include B in the barred list, and
(b)include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.
(4)The requirement to notify a person under subsection (1)(a) is satisfied if notification is sent to any address recorded against that person’s name in the register.
(1)Subsection (2) applies if ISA—
(a)has notified a person (A) under section 34A or 34B that it proposes to include another (B) in a barred list, and
(b)includes B in the barred list or decides not to do so.
(2)ISA must notify A that it has included B in the barred list or that it has decided not to do so (as the case may be).
(3)In a case where A is registered in relation to B under section 32 (or has ceased to be so registered by virtue of B’s inclusion in the barred list), the requirement in subsection (2) is satisfied if notification is sent to any address recorded (or, as the case may be, formerly recorded) against A’s name in the register.”
(3)In section 31 (vetting information)—
(a)in subsections (2) and (3), omit paragraph (b) and the “, and” immediately before it, and
(b)omit subsections (4) and (5).
After section 50 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) insert—
(1)ISA may provide any information it has to a chief officer of police for use for any of the following purposes—
(a)the prevention, detection and investigation of crime;
(b)the apprehension and prosecution of offenders.
(2)The power conferred by subsection (1) does not limit any other power of ISA to provide information for any purpose or to any person.”
(1)Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (barred lists) is amended as follows.
(2)In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs (2) and (3) substitute—
“(2)If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.
(3)If ISA is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.”
(3)In paragraph 2 (inclusion in children’s barred list subject to consideration of representations) for sub-paragraphs (2) and (3) substitute—
“(2)If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.
(3)If ISA is satisfied that this paragraph applies to the person, it must—
(a)include the person in the children’s barred list, and
(b)give the person an opportunity to make representations as to why the person should be removed from the children’s barred list.”
(4)In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2) and (3) substitute—
“(2)If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.
(3)If ISA is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.”
(5)In paragraph 8 (inclusion in adults’ barred list subject to consideration of representations) for sub-paragraphs (2) and (3) substitute—
“(2)If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.
(3)If ISA is satisfied that this paragraph applies to the person, it must—
(a)include the person in the adults’ barred list, and
(b)give the person an opportunity to make representations as to why the person should be removed from the adults’ barred list.”
(6)In paragraph 24(8) (Secretary of State to examine records of convictions or cautions from time to time) for “whether the criteria apply to an individual” substitute “whether there is reason to believe that the criteria might apply to an individual”.