Barring

1 [^F1Independent Safeguarding Authority^F1] _I1,I2

[^F2 (1) There shall be a body corporate to be known as the [^F1 Independent Safeguarding Authority ^F1] (“ [^F1 ISA ^F1] ”).

(2)Schedule 1 makes provision relating to [^F1 ISA^F1] .

(3)Schedule 2 (transfers to [^F1 ISA^F1] ) has effect.^F2]

2 Barred lists _{I3,I4,I5,I6,I7,I8,I9,I10}

(1)^F4[^F3 DBS^F3] must ... maintain—

(a)the children's barred list;

(b)the adults' barred list.

(2)Part 1 of Schedule 3 applies for the purpose of determining whether an individual is included in the children's barred list.

(3)Part 2 of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.

(4)Part 3 of that Schedule contains supplementary provision.

(5)In respect of an individual who is included in a barred list, [^F3DBS^F3] must keep other information of such description as is prescribed.

3 Barred persons _I11,I12,I13

(1)A reference to a person being barred from regulated activity must be construed in accordance with this section.

(2)A person is barred from regulated activity relating to children if he is—

(a)included in the children's barred list;

(b)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.

(3)A person is barred from regulated activity relating to vulnerable adults if he is—

(a)included in the adults' barred list;

(b)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.

4 Appeals _{cross-notes I14,I15}

(1)An individual who is included in a barred list may appeal to the [^F5Upper^F5] Tribunal against—

^F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a decision under paragraph [^F72,^F7] 3, 5, [^F88,^F8] 9 or 11 of [^F9Schedule 3^F9] to include him in the list;

(c)a decision under paragraph 17 [^F10, 18 or 18A^F10] of that Schedule not to remove him from the list.

(2)An appeal under subsection (1) may be made only on the grounds that [^F11DBS^F11] has made a mistake—

(a)on any point of law;

(b)in any finding of fact which it has made and on which the decision mentioned in that subsection was based.

(3)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.

(4)An appeal under subsection (1) may be made only with the permission of the [^F5Upper^F5] Tribunal.

(5)Unless the [^F5Upper^F5] Tribunal finds that [^F11DBS^F11] has made a mistake of law or fact, it must confirm the decision of [^F11DBS^F11] .

(6)If the [^F5Upper^F5] Tribunal finds that [^F11DBS^F11] has made such a mistake it must—

(a)direct [^F11DBS^F11] to remove the person from the list, or

(b)remit the matter to [^F11DBS^F11] for a new decision.

(7)If the [^F5Upper^F5] Tribunal remits a matter to [^F11DBS^F11] under subsection (6)(b)—

(a)the [^F5Upper^F5] Tribunal may set out any findings of fact which it has made (on which [^F11DBS^F11] must base its new decision); and

(b)the person must be removed from the list until [^F11DBS^F11] makes its new decision, unless the [^F5Upper^F5] Tribunal directs otherwise.

^F12(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F12(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulated activity

5 Regulated activity _{I16,I17,I18,I19}

(1)A reference to regulated activity relating to children must be construed in accordance with Part 1 of Schedule 4.

(2)A reference to regulated activity relating to vulnerable adults must be construed in accordance with Part 2 of that Schedule.

(3)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—

(a)regulated activity relating to children;

(b)regulated activity relating to vulnerable adults.

(4)The provisions are—

• section 7(5);

• section 9(5);

• ^F13 ...

• section 19(8);

• ^F14 ....

Regulated activity providers

6 Regulated activity providers _{I20,I21,I22,I23}

(1)A reference to a regulated activity provider must be construed in accordance with this section.

(2)A person (P) is a regulated activity provider if—

(a)he is responsible for the management or control of regulated activity,

(b)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

(c)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.

(3)A person (P) is also a regulated activity provider if section 53(4) (fostering) so provides.

(4)A person (P) is also a regulated activity provider if he carries on a scheme—

(a)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

(b)in respect of which a requirement to register arises—

(i)in relation to England, under section 10 of the Health and Social Care Act 2008, or

(ii)in relation to Wales, under [^F15Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).^F15]

(5)P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.

(6)Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.

(7)Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—

(a)a member of P's family;

(b)a friend of P.

(8)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—

(a)to a position mentioned in [^F16paragraph 1(9) or 7(9)^F16] of Schedule 4,

(b)as a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

^F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to any position mentioned in [^F18paragraph 7(3E)(a) or (b) of Schedule 4^F18] or to exercise any function [^F19exercisable by virtue of that position^F19] .

[^F20 (8CA)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.^F20]

[^F21 (8C)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).

^F22(8D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F21]

[^F23 (8E)[^F24 NHS England^F24] or [^F25 an integrated care board^F25] does not make arrangements for another to engage in a regulated activity by virtue of anything [^F24 NHS England^F24] or [^F26 the integrated care board^F26] 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).^F23]

(9)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.

(10)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—

(a)the person responsible for the management and control of the association, or

(b)if there is more than one such person, all of them jointly and severally.

(11) “ Family ” and “ friend ” must be construed in accordance with section 58.

(12)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.

Restrictions on participating in regulated activity

7 Barred person not to engage in regulated activity _I24

(1)An individual commits an offence if he—

(a)seeks to engage in regulated activity from which he is barred;

(b)offers to engage in regulated activity from which he is barred;

(c)engages in regulated activity from which he is barred.

(2)A person guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding [^F27the general limit in a magistrates’ court^F27] , or to a fine not exceeding the statutory maximum, or to both.

(3)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.

(4)It is a defence for a person charged with an offence under subsection (1) to prove—

(a)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),

(b)that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c)that he engaged in the activity for no longer than was necessary for that purpose.

(5)For the purposes of this section, Schedule 4 is modified as follows—

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

^F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F28(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In relation to an offence committed before [^F292 May 2022^F29] , the reference in subsection (2)(b) to [^F30the general limit in a magistrates’ court^F30] must be taken to be a reference to six months.

9 Use of barred person for regulated activity _I25

(1)A person commits an offence if—

(a)he permits an individual (B) to engage in regulated activity from which B is barred,

(b)he knows or has reason to believe that B is barred from that activity, and

(c)B engages in the activity.

(2)A personnel supplier commits an offence if—

(a)he supplies an individual (B) to another (P),

(b)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

(c)he knows or has reason to believe that B is barred from that activity.

(3)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding [^F32the general limit in a magistrates’ court^F32] , or to a fine not exceeding the statutory maximum, or to both.

(4)It is a defence for a person charged with an offence under this section to prove—

(a)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),

(b)that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c)that the barred person engaged in the activity for no longer than was necessary for that purpose.

(5)For the purposes of this section, Schedule 4 is modified as follows—

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

^F33(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F33(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In relation to an offence committed before [^F342 May 2022^F34] , the reference in subsection (3)(b) to [^F35the general limit in a magistrates’ court^F35] must be taken to be a reference to six months.

^F3711 Regulated activity provider: failure to check

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

^F3812 Personnel suppliers: failure to check

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

^F3913 Educational establishments: check on members of governing body

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

^F4014 Office holders: offences

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

Offences: supplementary

18 Offences: companies &c. _I26

(1)^F44,F45If 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—

(a)a director, manager, secretary or other similar officer of the body, or

(b)a person purporting to act in such a capacity,

he (as well as the body) commits the offence.

(2)^F46,F47If 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—

(a)a partner, or

(b)a person purporting to act as a partner,

he (as well as the partnership) commits the offence.

(3) In subsection (1), “ director ”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

19 Offences: other persons _I27,I28

^F48(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—

(a)he supplies an individual (B) to another (P),

(b)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

(c)he knows or has reason to believe that B is barred from the activity.

^F49(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F49(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)A person guilty of an offence under subsection (2) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding [^F50the general limit in a magistrates’ court^F50] , or to a fine not exceeding the statutory maximum, or to both.

^F51(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F51(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)For the purpose of [^F52subsection (2)(b)^F52] , Schedule 4 is modified as follows—

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

^F53(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F53(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F54(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)In relation to an offence committed [^F552 May 2022^F55] , the reference in subsection (5)(b) to [^F56the general limit in a magistrates’ court^F56] must be taken to be a reference to six months.

20 Section 19: exclusions and defences _I29

(1)A person does not commit an offence under section 19 if B has not attained the age of 16.

^F57(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F57(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F57(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F57(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F57(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F57(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Controlled activity

^F5821 Controlled activity relating to children

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

^F5822 Controlled activity relating to vulnerable adults

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

^F5823 Controlled activity: regulations

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

Monitoring

^F5924 Monitoring

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

^F59 24A Monitoring: power to prescribe additional fees

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

^F5925 Monitoring: fees

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

^F5926 Ceasing monitoring

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

28 Independent monitor

After section 119A of the Police Act 1997 (c. 50) (further sources of information: Scotland) insert—

“119B Independent monitor _{cross-notes I30}

(1)There is to be an independent monitor for the purposes of this Part.

(2)The independent monitor is a person appointed by the Secretary of State—

(a)for such period, not exceeding three years, as the Secretary of State decides;

(b)on such terms as the Secretary of State decides.

(3)A person may be appointed for a further period or periods.

(4)The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.

(5)The independent monitor must review—

(a)all cases in which information is disclosed to a registered person in pursuance of section 113B(6)(b);

(b)a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;

(c)a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) or disclosed in pursuance of section 113B(5)(c) and (6)(b);

(d)all cases in which information is withheld from an individual because it is information to which section 24(9) of the Safeguarding Vulnerable Groups Act 2006 applies;

(e)a sample of cases in which relevant information (within the meaning of section 24(8)(b) of that Act) is provided to an individual in pursuance of section 24(4)(a) of that Act.

(6)The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.

(7)The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.

(8)The independent monitor may make recommendations to the Secretary of State as to—

(a)any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;

(b)any changes to any enactment which the monitor thinks may be appropriate.

(9)The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section.”

29 Part 5 of the Police Act 1997: code of practice _I31

(1)Section 122 of the Police Act 1997 (c. 50) (code of practice) is amended as follows.

(2) In subsection (1) after “information provided to” insert “ , or the discharge of any function by, ” .

(3) 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 ” .

(4)After subsection (3) insert—

“(3A)The Secretary of State may—

(a)refuse to issue the certificate;

(b)suspend the registration of the person;

(c)cancel the registration of the person.

(3B)Section 120AB applies if the Secretary of State proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he proposes to suspend or cancel a person's registration by virtue of section 120AA.”

Notices and information

30 Provision of vetting information _I32

(1)The Secretary of State must provide a person (A) with the information mentioned in subsection (4) in relation to another (B) if—

(a)A makes an application for the information,

(b)the application contains the appropriate declaration, and

(c)the Secretary of State has no reason to believe that the declaration is false.

(2)The appropriate declaration is a declaration by A—

(a)that he falls within column 1 of a specified entry, and

(b)that B has consented to the provision of the information to A.

[^F60 (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.^F60]

(3)In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.

(4)The information is—

(a)if column 2 of the specified entry refers to children, relevant information relating to children, and

(b)if column 2 of the specified entry refers to vulnerable adults, relevant information relating to vulnerable adults.

(5)Paragraph (b) of subsection (2) does not apply if the specified entry is 17.

(6)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.

(7)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).

(8)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)[^F61 , ^F62... in accordance with section 31 or 32 of the Care Act 2014,^F61][^F63 or in accordance with regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014^F63] to inform the person of his right to obtain relevant information under this section.

31 Meaning of relevant information in section 30 _I33

(1)This section has effect for the purposes of section 30.

(2)Relevant information relating to children is—

(a)whether B is subject to monitoring in relation to regulated activity relating to children, and

(b)if so, whether he is undergoing assessment.

(3)Relevant information relating to vulnerable adults is—

(a)whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and

(b)if so, whether he is undergoing assessment.

(4)B is undergoing assessment if—

(a)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)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;

(c)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;

(d)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.

(5) In subsection (4)(b) “ simultaneous application ” means an application made simultaneously with B's monitoring application under section 24.

(6)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).

32 Notification of cessation of monitoring _I34

(1)The Secretary of State must establish and maintain a register for the purposes of this section.

(2)The Secretary of State must register a person (A) in relation to another (B) if—

(a)A makes an application to be registered in relation to B,

(b)the application contains the appropriate declaration,

(c)the Secretary of State has no reason to believe that the declaration is false, and

(d)B is subject to monitoring in relation to the regulated activity to which the application relates.

(3)The appropriate declaration is a declaration by A—

(a)that he falls within column 1 of a specified entry, and

(b)that B has consented to the application.

(4)In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration.

(5)A's application and registration relate—

(a)if column 2 of the specified entry refers to children, to regulated activity relating to children;

(b)if column 2 of the specified entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.

(6)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.

(7)The requirement under subsection (6) is satisfied if notification is sent to any address recorded against A's name in the register.

(8)Paragraph (b) of subsection (3) does not apply if the specified entry is 17.

(9)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.

(10)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).

33 Cessation of registration _I35

(1)In this section references to registration are to registration in the register maintained for the purposes of section 32.

(2)Once a person is notified as mentioned in subsection (6) of that section, his registration ceases.

(3)[^F64 DBS^F64] may cancel a person's registration in such circumstances as are prescribed.

(4)[^F65 DBS^F65] must cancel a person's registration—

(a)if the person applies for it to be cancelled;

(b)in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled.

(5)When a person's registration is cancelled under subsection (3) or (4)(b), [^F66DBS^F66] must notify him of that fact.

(6)The requirement under subsection (5) is satisfied if notification is sent to any address recorded against A's name in the register.

35 Regulated activity providers: duty to refer _I36,I37,I38

(1)Subsection (2) applies to—

(a)a regulated activity provider who holds any prescribed information in relation to a person (P) engaged in regulated activity provided by him;

^F67(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A person to whom this subsection applies must provide [^F68DBS^F68] with the information if—

(a)he withdraws permission for P to engage in the activity for a reason mentioned in subsection (3), or

(b)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.

(3)The reasons are that the person to whom subsection (2) applies thinks—

(a)that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,

(b)that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or

(c)that the harm test is satisfied.

(4)The harm test is that P may—

(a)harm a child or vulnerable adult,

(b)cause a child or vulnerable adult to be harmed,

(c)put a child or vulnerable adult at risk of harm,

(d)attempt to harm a child or vulnerable adult, or

(e)incite another to harm a child or vulnerable adult.

(5)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.

^F69(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply if the conditions specified in subsection (2) are fulfilled before the section is commenced.

36 Personnel suppliers: duty to refer _I39,I40,I41

(1)^F70A personnel supplier must provide [^F68DBS^F68] 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.

(2)A personnel supplier which is an employment agency or employment business must provide [^F68DBS^F68] with any prescribed information it holds in relation to a person (P) for whom it acts if—

(a)the agency or business determines to cease to act for P for a reason mentioned in subsection (4), or

(b)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.

(3)A personnel supplier which is an educational institution must provide [^F68DBS^F68] with any prescribed information it holds in relation to a student (P) following a course at the institution if—

(a)^F71the institution determines to cease to supply P to another person for him to engage in regulated ... activity for a reason mentioned in subsection (4),

(b)the institution determines that P should cease to follow a course at the institution for a reason mentioned in subsection (4), or

(c)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.

(4)The reasons are that the personnel supplier thinks—

(a)that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P,

(b)that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or

(c)that the harm test is satisfied.

(5)The harm test is that P may—

(a)harm a child or vulnerable adult,

(b)cause a child or vulnerable adult to be harmed,

(c)put a child or vulnerable adult at risk of harm,

(d)attempt to harm a child or vulnerable adult, or

(e)incite another to harm a child or vulnerable adult.

(6)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.

(7)An employment agency acts for a person if it makes arrangements with him with a view to—

(a)finding him employment with an employer, or

(b)supplying him to employers for employment by them.

(8)An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity.

(9) In this section “ employment ” has the same meaning as in the Employment Agencies Act 1973 (c. 35).

(10)This section does not apply if the conditions specified in subsection (1), (2) or (3) are fulfilled before the section is commenced.

37 Regulated activity providers: duty to provide information on request &c. _I42,I43,I44

(1)This section applies if [^F68DBS^F68] is considering—

(a)whether to include any person in a barred list;

(b)whether to remove any person from a barred list.

(2)[^F68 DBS^F68] may require—

(a)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),

^F72(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or

(d)^F73any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated ... activity,

to provide [^F68DBS^F68] with any prescribed information he or it holds relating to the person.

(3)An employment agency acts for a person if it makes arrangements with him with a view to—

(a)finding him relevant employment with an employer, or

(b)supplying him to employers for relevant employment by them.

(4)^F74Relevant employment is employment which consists in or involves engaging in regulated ... activity.

(5)^F75An employment business acts for a person if it employs him to engage in regulated ... activity for and under the control of other persons.

(6) In this section “ employment ” has the same meaning as in the Employment Agencies Act 1973 (c. 35).

38 Duty to provide information: offences _I45,I46,I47

(1)A person commits an offence if—

(a)he is required under section 35 or 36 or in pursuance of section 37 to provide information to [^F68DBS^F68] , and

(b)he fails, without reasonable excuse, to provide the information.

(2)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.

Local authority information and referrals

39 Local authorities: [^F76power^F76] to refer _I48,I49,I50

(1)^F78A local authority[^F77 may^F77] provide [^F68DBS^F68] with any ... information they hold relating to a person if the first and second conditions are satisfied.

(2)The first condition is that the local authority thinks—

(a)that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,

(b)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

(c)that the harm test is satisfied.

(3)The harm test is that the person may—

(a)harm a child or vulnerable adult,

(b)cause a child or vulnerable adult to be harmed,

(c)put a child or vulnerable adult at risk of harm,

(d)attempt to harm a child or vulnerable adult, or

(e)incite another to harm a child or vulnerable adult.

(4)The second condition is that the local authority thinks—

(a)^F80that the person is [^F79or has been, or might in future be, engaged^F79] in regulated activity ..., and

(b)(except in a case where paragraph 1 [^F81or 7^F81] of Schedule 3 applies) that [^F68DBS^F68] may consider it appropriate for the person to be included in a barred list.

(5)^F82A local authority may provide [^F68DBS^F68] with any ... information it holds relating to a person if—

(a)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

(b)the condition in subsection (4) is satisfied.

(6)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.

(7) “ Local authority ” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39) .

40 Local authorities: duty to provide information on request _I51,I52,I53

(1)This section applies if [^F68DBS^F68] is considering—

(a)whether to include any person in a barred list;

(b)whether to remove any person from a barred list.

(2)If [^F68DBS^F68] thinks that a local authority hold any prescribed information relating to the person, it may require the authority to provide it with the information.

(3)The local authority must comply with a requirement under subsection (2).

(4) “ Local authority ” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 .

Professional bodies and supervisory authorities

41 Registers: [^F83power^F83] to refer _{I54,I55,I56,I57,I58}

(1)^F85A keeper of a relevant register [^F84may^F84] provide [^F68DBS^F68] with any ... information he holds relating to a person if the first and second conditions are satisfied.

(2)The first condition is that the keeper thinks—

(a)that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,

(b)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

(c)that the harm test is satisfied.

(3)The harm test is that the person may—

(a)harm a child or vulnerable adult,

(b)cause a child or vulnerable adult to be harmed,

(c)put a child or vulnerable adult at risk of harm,

(d)attempt to harm a child or vulnerable adult, or

(e)incite another to harm a child or vulnerable adult.

(4)The second condition is that the keeper thinks—

(a)^F87that the person is [^F86or has been, or might in future be, engaged^F86] in regulated activity ..., and

(b)(except in a case where paragraph 1 [^F88or 7^F88] of Schedule 3 applies) that [^F68DBS^F68] may consider it appropriate for the person to be included in a barred list.

(5)^F89A keeper of a relevant register may provide [^F68DBS^F68] with any ... information he holds relating to a person if—

(a)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

(b)the condition in subsection (4) is satisfied.

(6)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.

(7)In this section—

(a)a relevant register is a register appearing in column 1 of the following table, and

(b)in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

(8)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.

42 Registers: duty to provide information on request _I59,I60,I61

(1)This section applies if [^F68DBS^F68] is considering—

(a)whether to include in a barred list a person who appears on a relevant register;

(b)whether to remove such a person from a barred list.

(2)[^F68 DBS^F68] may require the keeper of the register to provide it with any prescribed information he holds relating to the person.

(3)The keeper of the register must comply with a requirement under subsection (2).

(4)References to a relevant register and the keeper of a relevant register must be construed in accordance with section 41(7).

43 Registers: [^F100provision of barring information to keepers of registers^F100] _{I62,I63,I64,I65}

[^F101 (1)Subsection (2) applies if—

(a)[^F102 DBS^F102] knows or thinks that a person (A) appears on a relevant register, and

(b)either—

(i)A is included in a barred list, or

(ii)[^F102 DBS^F102] is aware that A is subject to a relevant disqualification.

(2)[^F102 DBS^F102] must—

(a)notify the keeper of the register of the circumstances mentioned in subsection (1)(b)(i) or (as the case may be) (ii), and

(b)in the case where A is included in a barred list, provide the keeper of the register with such of the information on which [^F102 DBS^F102] relied in including A in the list as [^F102 DBS^F102] considers—

(i)to be relevant to the exercise of any function of the keeper, and

(ii)otherwise appropriate to provide.

( 3 )Subsection (4) applies if the keeper of a relevant register applies to [^F102 DBS^F102] to ascertain in relation to a person (A) whether—

(a)A is included in a barred list, or

(b)[^F102 DBS^F102] is aware that A is subject to a relevant disqualification.

( 4 )[^F102 DBS^F102] 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).

( 5 )[^F102 DBS^F102] may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as [^F102 DBS^F102] considers appropriate.

(5A)Subsection (5B) applies if—

(a)a keeper of a register has applied to [^F103 DBS^F103] to be notified in relation to a person (A) if—

(i)A is included in a barred list, or

(ii)[^F103 DBS^F103] is aware that A is subject to a relevant disqualification, and

(b)the application has not been withdrawn.

(5B)[^F103 DBS^F103] 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).

(5C)For the purposes of subsection (5A)(b) an application is withdrawn if—

(a)the keeper of the register notifies [^F104 DBS^F104] 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

(b)[^F104 DBS^F104] cancels the application on either of the following grounds—

(i)that the keeper has not answered, within such reasonable period as was required by [^F104 DBS^F104] , a request from [^F103 DBS^F103] 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

(ii)that A neither appears in the register nor is being considered for inclusion in the register.

(5D)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)A appears in the register, or

(b)A is being considered for inclusion in the register.

(5E)The duties in subsections (2), (4) and (5B) do not apply if [^F102 DBS^F102] ^F105 ... is satisfied that the keeper of the register already has the information concerned.

(5F)[^F106 DBS^F106] may determine the form, manner and contents of an application for the purposes of this section.

(5G)In this section relevant information is information—

(a)which—

(i)relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and

(ii)is relevant to the exercise of any function of the keeper of the register, but

(b)which is not—

(i)information that the circumstances are as mentioned in subsection (1)(b)(i) or (ii) in relation to a person,

(ii)any information provided under subsection (2)(b), or

(iii)information falling within paragraph 19(5) of Schedule 3.

(5H)The Secretary of State may by order amend subsection (5G).^F101]

( 6 )In this section—

(a)^F107 a relevant register is a register appearing in column 1 ... of the table in section 41(7), and

(b)in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

( 7 )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.

^F10844 Registers: power to apply for vetting information

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

45 Supervisory authorities: [^F109power^F109] to refer _{I66,I67,I68,I69,I70}

(1)^F112A supervisory authority [^F110may^F110] provide [^F111DBS^F111] with any ... information it holds relating to a person if the first and second conditions are satisfied.

(2)The first condition is that the supervisory authority thinks, on the basis of relevant evidence—

(a)that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,

(b)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

(c)that the harm test is satisfied.

(3)The harm test is that the person may—

(a)harm a child or vulnerable adult,

(b)cause a child or vulnerable adult to be harmed,

(c)put a child or vulnerable adult at risk of harm,

(d)attempt to harm a child or vulnerable adult, or

(e)incite another to harm a child or vulnerable adult.

(4)The second condition is that the supervisory authority thinks—

(a)^F114that the person is [^F113or has been, or might in future be, engaged^F113] in regulated activity ... , and

(b)(except in a case where paragraph 1 [^F115or 7^F115] of Schedule 3 applies) that [^F111DBS^F111] may consider it appropriate for the person to be included in a barred list.

(5)^F116The supervisory authority may provide [^F111DBS^F111] with any ... information it holds relating to a person if—

(a)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

(b)the condition in subsection (4) is satisfied.

^F117(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A supervisory authority is—

(a)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;

[^F118 (aza)the Secretary of State in respect of the Secretary of State's functions under sections 141B to 141E of the Education Act 2002;

(azb)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;^F118]

[^F119 (aa) the Secretary of State in respect of his functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) ; ^F119]

(b)the [^F120Welsh Ministers^F120] in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32);

[^F121 (c)the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008;^F121]

[^F122 (ca)the Welsh Ministers in respect of their functions under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);^F122]

^F123(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F124 (e)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);^F124]

[^F125 (ea)the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989;^F125]

(f)the Public Guardian in the exercise of his functions;

(g)Her Majesty's Chief Inspector of Schools in England in the exercise of his functions;

(h)Her Majesty's Chief Inspector of Education and Training in Wales in the exercise of his functions;

(i)the Charity Commissioners for England and Wales in the exercise of their functions.

(8)Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in subsection (7).

(9)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.

(10)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.

46 Supervisory authorities: duty to provide information on request _I71,I72,I73

(1)This section applies if [^F111DBS^F111] is considering—

(a)whether to include in a barred list a person in relation to whom [^F111DBS^F111] thinks that a supervisory authority may have prescribed information;

(b)whether to remove such a person from a barred list.

(2)[^F111 DBS^F111] may require the supervisory authority to provide it with any prescribed information it holds relating to the person.

(3)The supervisory authority must comply with a requirement under subsection (2).

47 Supervisory authorities: power to apply for [^F126certain barring^F126] information _{I74,I75,I76,I77}

(1)If a supervisory authority applies to [^F111DBS^F111] for information within subsection (2) or (3) relating to a person (B), [^F111DBS^F111] must provide the supervisory authority with that information.

(2)The information within this subsection is—

(a)whether B is barred from regulated activity relating to children,

^F127(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F127(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F127(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F127(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The information within this subsection is—

(a)whether B is barred from regulated activity relating to vulnerable adults,

^F128(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F128(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F128(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F128(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)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).

^F129(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2) or (3).

(7)[^F130 DBS^F130] may [^F131determine^F131] the form, manner and contents of an application for the purposes of this section.

48 Supervisory authorities: notification of barring &c. in respect of children _I78,I79

(1)This section applies if—

(a)^F132a person is ... included in the children's barred list,

(b)^F134[^F133 DBS^F133] becomes aware that a person is subject to a relevant children's disqualification, ...

^F134(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[^F135 DBS^F135] must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1).

(3)A supervisory authority is an interested supervisory authority only if—

(a)it has applied to [^F136DBS^F136] to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and

(b)the application has not been withdrawn.

(4)A supervisory authority may apply to [^F137DBS^F137] 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).

(5)For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies [^F138DBS^F138] that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.

(6)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.

(7)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.

(8)[^F139 DBS^F139] may [^F140determine^F140] the form, manner and contents of an application for the purposes of this section.

49 Supervisory authorities: notification of barring &c. in respect of vulnerable adults _I80,I81

(1)This section applies if—

(a)^F141a person is ... included in the adults' barred list,

(b)^F143[^F142 DBS^F142] becomes aware that a person is subject to a relevant adults' disqualification, ...

^F143(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[^F144 DBS^F144] must notify every interested supervisory authority of the circumstance mentioned in paragraph (a) [^F145or (b)^F145] (as the case may be) of subsection (1).

(3)A supervisory authority is an interested supervisory authority only if—

(a)it has applied to [^F146DBS^F146] to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and

(b)the application has not been withdrawn.

(4)A supervisory authority may apply to [^F147DBS^F147] 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).

(5)For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies [^F148DBS^F148] that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person.

(6)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.

(7)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.

(8)[^F149 DBS^F149] may [^F150determine^F150] the form, manner and contents of an application for the purposes of this section.

50 Provision of information to supervisory authorities _{I82,I83,I84,I85}

(1)This section applies if [^F151DBS^F151] has information that it thinks is relevant to a supervisory authority.

(2)[^F151 DBS^F151][^F152 may (whether on an application by the authority or otherwise)^F152] provide the supervisory authority with the information.

(3)Information is relevant to a supervisory authority if—

(a)it relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and

(b)is relevant to the exercise of any function of the authority [^F153which is mentioned in section 45(7)^F153] ,

but does not include information falling within paragraph 19(5) of Schedule 3 [^F154or of any circumstance mentioned in section 48(1) or 49(1)^F154] in relation to a person.

[^F155 (4)A supervisory authority may apply to [^F151 DBS^F151] 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).

(5)[^F156 DBS^F156] may determine the form, manner and contents of an application for the purposes of this section.^F155]

[^F157Provision of information to the police [^F158etc.^F158]

50A Provision of information to the police [^F159etc.^F159]

(1)[^F160 DBS^F160] 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.

[^F161 (c)the appointment of persons who are under the direction and control of the chief officer,

(d)any prescribed purpose^F161]

[^F162 (1A)[^F160 DBS^F160] 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.

(1B)[^F160 DBS^F160] may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which [^F160 DBS^F160] reasonably believes to be relevant to that authority.

(1C)[^F160 DBS^F160] 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.^F162]

(2)The [^F163 powers conferred by this section do^F163] not limit any other power of [^F160 DBS^F160] to provide information for any purpose or to any person.^F157]

[^F164 (3) In [^F165 this section ^F165] , “a chief officer of police” includes—

(a)the Chief Constable of the Police Service of Northern Ireland [^F166 ;^F166]

(b)the chief constable of [^F167 the Police Service of Scotland^F167,F164]] [^F168 ;

(c)the Chief Constable of the British Transport Police Force;

(d)the Chief Constable of the Civil Nuclear Constabulary;

(e)the Chief Constable of the Ministry of Defence Police;

(f)the Director General of the National Crime Agency;

(g)the Provost Marshal of the Royal Navy Police;

(h)the Provost Marshal of the Royal Military Police;

(i)the Provost Marshal of the Royal Air Force Police;

(j)the Provost Marshal for serious crime;

(k)the Chief Constable of the Isle of Man Constabulary;

(l)the Chief Officer of the States of Jersey Police Force;

(m)the Chief Officer of the salaried police force of the Island of Guernsey.^F168]

[^F169 (4) In this section “ relevant authority ” means—

(a)the Secretary of State exercising functions in relation to prisons, or

(b)a provider of probation services (within the meaning given by section 3(6) of the Offender Management Act 2007).^F169]

Crown

51 Crown application _I86,I87

(1)Subject to the provisions of this section, this Act and any regulations or orders made under it bind the Crown.

(2)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.

(3)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.

(4)Subsection (2) of section 6 does not apply in relation to any activity carried out by the Crown.

(5)Each government department and other body performing functions on behalf of the Crown—

(a)if the department or body engages in regulated activity, is the regulated activity provider in relation to the activity;

^F170(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In subsection (5) “ body ” includes office-holder.

(7)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)).

Miscellaneous

52 Referrals: findings of fact immaterial _I88

(1)For the purposes of the provisions mentioned in subsection (2), it is immaterial whether there is a finding of fact in any proceedings.

(2)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).

53 Fostering _I89,I90

(1)Despite section 58, this Act applies to activity that is regulated activity by virtue of paragraph 1(5) of Schedule 4.

(2)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.

(3)Subsection (4) applies if a person (P)—

(a)makes arrangements for another person to foster a child as a private foster parent, and

(b)has power to terminate the arrangements.

(4)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.

(5)The following provisions of this section apply for the purposes of this Act.

(6)A person fosters a child if he is a foster parent of the child.

(7)A person is a foster parent if—

[^F171 (a)the person is a local authority foster parent within the meaning of section 105 of the Children Act 1989;^F171]

(b)he is a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act;

(c)he is a private foster parent.

(8)A person is a private foster parent if he falls within subsection (9) and looks after a child—

(a)for reward, or

(b)in pursuance of an arrangement made by someone other than a member of the child's family.

(9)A person falls within this subsection if—

(a)he fosters the child privately within the meaning of section 66(1) of the Children Act 1989,

(b)he would be so fostering the child but for subsection (2) of that section (minimum period of 28 days), or

(c)(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.

(10)A person's family includes—

(a)the person's foster child;

(b)the foster child of any member of the person's family;

and references to a family relationship and family member are to be construed accordingly.

54 Devolution: alignment _I91,I92,I93

(1)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.

(2)An order may—

^F172(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)confer power to make subordinate legislation (within the meaning given by the Interpretation Act 1978 (c. 30)).

(3)Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks—

(a)corresponds to provision made by or under this Act,

^F173(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(c)affects the operation of any provision made by or under this Act.

(4)Relevant Northern Ireland legislation is any provision of such legislation which the Secretary of State thinks—

(a)corresponds to provision made by or under this Act

^F174(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(c)affects the operation of any provision made by or under this Act.

^F175(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55 Northern Ireland

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—

(a)is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but

(b)is subject to annulment in pursuance of a resolution of either House of Parliament.

56 Devolution: Wales _I94

^F176(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)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—

(a)section [^F17745(9)^F177] ;

(b)section 46(2);

^F178(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)^F179section 48(7) ... ;

(e)^F179section 49(7) ... .

(3)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—

(a)section 5(3);

^F180(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F180(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F180(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F180(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F180(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)section 35(1);

(h)section 36(1), (2) or (3);

(i)section 37(2);

^F181(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)section 40(2);

(l)section [^F18241(8)^F182] ;

(m)section 42(2);

^F183(n). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o)section 64(2);

(p)section 65;

(q)paragraph 1(1), 2(1), 7(1) or 8(1) of Schedule 3;

(r)paragraph 2(1)(f) or [^F1847(1)(f) or (g)^F184] of Schedule 4;

^F185(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F185(t). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A power to make subordinate legislation is a power to make regulations or an order.

(5)In the application of section 61 to the exercise of a power by the Welsh Ministers by virtue of this section—

(a)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;

(b)the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Assembly.

General

57 Damages _I95,I96

(1)No claim for damages lies in respect of any loss or damage suffered by any person in consequence of—

(a)the fact that an individual is included in a barred list;

(b)the fact that an individual is not included in a barred list;

(c)^F186the provision of ... information in pursuance of any of sections 35, 36, 37, 39, 40, 41, 42, 45 and 46.

(2)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—

(a)he is the originator of the information and he knew at the time he originated the information that it was not true, or

(b)he causes another person to be the originator of the information knowing, at the time the information is originated, that it is untrue.

(3)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).

58 Family and personal relationships _I97,I98,I99

(1)This Act does not apply to any activity which is carried out in the course of a family relationship.

(2)This Act does not apply to any activity which is carried out—

(a)in the course of a personal relationship, and

(b)for no commercial consideration.

(3)A family relationship includes a relationship between two persons who—

(a)live in the same household, and

(b)treat each other as though they were members of the same family.

(4)A personal relationship is a relationship between or among friends.

(5)A friend of a person (A) includes a person who is a friend of a member of A's family.

(6)The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—

(a)carried out in the course of a family relationship;

(b)carried out in the course of a personal relationship.

^F18759 Vulnerable adults

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

60 Interpretation _{I100,I101,I102,I103}

(1)In this Act—

• [^F188 “ adult ” means a person who has attained the age of 18; ^F188]

• “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);

• [^F189 “ DBS ” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012 ; ^F189]

• “ 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)

  a person carrying on an employment agency or an employment business, or

  (b)

  ^F190 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” [^F191 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 ^F191] .

(2)A reference (however expressed) to a person being barred must be construed in accordance with section 3.

^F192(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Nothing in this Act affects any power to provide information that exists apart from this Act.

61 Orders and regulations _{I104,I105,I106}

(1)Any power under this Act to make orders or regulations is exercisable by statutory instrument.

(2)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.

(3)An instrument containing provision made—

(a)by order under section 5(3),

^F193(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F193(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)by order under section 54(1) if it contains provision amending any Act or confers power to make subordinate legislation,

(g)under section 64(3),

(h)in regulations prescribing criteria for the purpose of paragraph 1, 2, 7 or 8 of Schedule 3, [^F194or^F194]

(i)^F195by order under paragraph 6 or 12 of Schedule 3, ...

^F195(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(4)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).

(5)A power to make an order or regulations may be exercised so as to make different provision for different purposes.

62 Transitional provision _I107,I108

Schedule 8 has effect.

63 Amendments and repeals _{cross-notes I109,I110,I111,I112,I113,I114,I115,I116,I117}

(1)Schedule 9 contains amendments.

(2)Schedule 10 contains repeals.

64 Supplementary, incidental, consequential &c. provision _I118

(1)Power to make subordinate legislation under this Act includes power to make—

(a)such supplementary, incidental or consequential provision, or

(b)such transitory, transitional or saving provision,

as the person making the subordinate legislation thinks necessary or expedient.

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

(a)for the general purposes, or any particular purpose, of this Act;

(b)in consequence of any provision made by this Act;

(c)for giving full effect to this Act or any provision made by it.

(3)Subordinate legislation under subsection (1) or (2) may amend, repeal, revoke or otherwise modify any enactment (including this Act).

(4)References in this section to subordinate legislation are to an order or regulations under this Act.

(5)Nothing in this Act affects the generality of the power conferred by this section.

65 Commencement

This Act (except this section and section 55) comes into force on such day as the Secretary of State appoints by order.

66 Extent _I119

(1)Subject to subsections (2) to (4), the preceding provisions of this Act extend only to England and Wales.

(2)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.

(3)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.

(4)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.

67 Short title _I120

This Act may be cited as the Safeguarding Vulnerable Groups Act 2006.

SCHEDULES

Section 1

[^F196SCHEDULE 1 [^F197Independent Safeguarding Authority^F197]

Membership

1 _I121,I122 (1) [^F198 ISA^F198] shall consist of—

(a) a chairman;

(b) such number of other members as the Secretary of State decides.

(2) The chairman and other members—

(a) are to be appointed by the Secretary of State;

(b) must appear to the Secretary of State to have knowledge or experience of any aspect of child protection or the protection of vulnerable adults.

Tenure of office

2 _I123,I124 (1) The chairman and members hold and must vacate office as such in accordance with the terms of their respective appointments.

(2) The appointment of a person to hold office is for a term not exceeding five years.

(3) A person holding office may at any time resign that office by giving notice in writing to the Secretary of State.

(4) The Secretary of State may by notice in writing remove a person from office if satisfied that any of the following applies to him—

(a) he has, without reasonable excuse, failed, for a continuous period of three months, to carry out his functions;

(b) he has been convicted (whether before or after his appointment) of a criminal offence;

(c) he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged;

[^F199 (ca) a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986);^F199]

(d) he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland;

[^F200 (da) he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45);^F200]

(e) he has made a composition or arrangement with, or granted a trust deed for, his creditors;

(f) he has failed to comply with the terms of his appointment;

(g) he is otherwise unable or unfit to carry out his functions as chairman or member.

(5) A person who ceases to be chairman or a member is eligible for re-appointment, except where he is removed from office under sub-paragraph (4).

Remuneration, pension etc. of members

3 _I125,I126 (1) [^F197 ISA^F197] must pay to the chairman and each of the other members such remuneration and allowances as may be determined by the Secretary of State.

(2) [^F197 ISA^F197] must, if required to do so by the Secretary of State—

(a) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or a member, or

(b) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person.

(3) If the Secretary of State thinks that there are special circumstances which make it right for a person ceasing to hold office as chairman or a member to receive compensation, [^F197 ISA^F197] must pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State.

(4) Service as chairman or other member of [^F197 ISA ^F197] 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 [^F197 Independent Safeguarding Authority ^F197] . ”

(5) [^F197 ISA^F197] must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under that Act.

Staff

4 _I127,I128 (1) [^F197 ISA^F197] shall have—

(a) a chief executive;

(b) such other employees as it may appoint.

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

(3) [^F197 ISA^F197] may make arrangements for persons to be seconded to [^F197 ISA^F197] to serve as members of its staff.

(4) A member of a police force on temporary service with [^F197 ISA^F197] shall be under the direction and control of [^F197 ISA^F197] .

Remuneration, pensions etc. of staff

5 _I129,I130 (1) [^F197 ISA^F197] must pay to its employees such remuneration and allowances as it may determine.

(2) [^F197 ISA^F197] may pay, or make payments in respect of, such pensions, allowances or gratuities to or in respect of its employees or former employees as it may determine.

(3) Employment with [^F197 ISA ^F197] 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 [^F197 Independent Safeguarding Authority ^F197] . ”

(4) If any person—

(a) on ceasing to be employed by [^F197 ISA^F197] becomes or continues to be one of its members, and

(b) was, by reference to his employment, a participant in a scheme under section 1 of that Act,

the Minister for the Civil Service may determine that his service as a member of [^F197 ISA^F197] is to be treated for the purposes of the scheme as if his service as a member were service as an employee of [^F197 ISA^F197] (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3).

(5) [^F197 ISA^F197] must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act.

Delegation of functions

6 _I131,I132 (1) [^F197 ISA^F197] may to such extent as it may determine delegate any of its functions to—

(a) one of its members;

(b) a member of its staff;

(c) a committee consisting of some of its members, members of its staff or both members and members of staff.

(2) A committee mentioned in sub-paragraph (1)(c) which consists of both members and members of staff must be chaired by a member.

7 _I133,I134[^F197 ISA^F197] may to such extent as it may determine delegate any of its functions, other than a core function, to—

(a) a person who is neither a member nor a member of staff;

(b) a committee (including a committee which comprises or includes persons who are neither members nor members of staff).

8 _I135,I136 A core function is—

(a) determining whether it is appropriate for a person to be included in a barred list;

(b) determining whether to remove a person from a barred list;

(c) considering representations made for the purposes of Schedule 3.

Reports

9 _I137,I138 (1) As soon as possible after the end of each financial year [^F201 ISA^F201] must issue a report on the exercise of its functions during that year.

(2) [^F201 ISA^F201] must arrange for the report to be published in such manner as it considers appropriate.

10 _I139,I140 The Secretary of State may direct [^F201 ISA^F201] to submit a report to him on any matter regarding the exercise of [^F201 ISA's^F201] functions as may be specified in the direction.

Funding

11 _I141,I142 The Secretary of State may make payments to [^F201 ISA^F201] of such amounts, at such times and on such conditions (if any) as he thinks appropriate.

Accounts

12 _I143,I144 (1) [^F201 ISA^F201] must keep its accounts in such form as the Secretary of State determines.

(2) [^F201 ISA^F201] must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides.

(3) Before the end of the specified period following the end of each financial year to which the annual accounts relate [^F201 ISA^F201] must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General.

(4) The Comptroller and Auditor General must—

(a) examine, certify and report on the annual accounts;

(b) send a copy of the accounts and of his report to the Secretary of State, who must lay them before each House of Parliament.

(5) The financial year is—

(a) the period starting on the day [^F201 ISA^F201] is established and ending on the next 31st March;

(b) each succeeding period of 12 months.

(6) The specified period is such period as the Secretary of State directs.

Status

13 _I145,I146 (1) [^F201 ISA^F201] is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) [^F201 ISA's^F201] property is not to be regarded as property of, or property held on behalf of, the Crown.

Payments in connection with maladministration

14 _I147,I148 (1) If [^F201 ISA^F201] thinks—

(a) that action taken by or on behalf of [^F201 ISA^F201] amounts to maladministration, and

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

[^F201 ISA^F201] may make such payment (if any) to the person as it thinks appropriate.

(2) “ Action ” includes failure to act.

Incidental powers

15 _I149,I150 (1) In connection with the exercise of any of its functions [^F201 ISA^F201] may—

(a) enter into contracts and other agreements (whether legally binding or not);

(b) acquire and dispose of property (including land);

(c) borrow money;

(d) do such other things as [^F201 ISA^F201] thinks necessary or expedient.

(2) The power conferred by sub-paragraph (1)(b) includes accepting—

(a) gifts of money, and

(b) gifts or loans of other property,

on such terms as [^F201 ISA^F201] thinks appropriate.

(3) But [^F201 ISA^F201] may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the consent of the Secretary of State.

(4) Such consent may be given—

(a) with respect to a particular case or with respect to a class of cases;

(b) subject to such conditions as the Secretary of State thinks appropriate.

Documents

16 _I151,I152 A document purporting to be signed on behalf of [^F201 ISA^F201] shall be received in evidence and, unless the contrary is proved, be taken to be so signed.^F196]

Section 1

[^F202SCHEDULE 2 Transfers to [^F203ISA^F203]

Staff transfer schemes

1 _I153 (1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a) for a person employed in the civil service of the state to become an employee of [^F204 ISA^F204] ;

(b) for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with [^F204 ISA^F204] ;

(c) for the transfer to [^F204 ISA^F204] of the rights, powers, duties and liabilities of the Crown under or in connection with his terms of employment;

(d) for anything done (or having effect as if done) before that transfer by or in relation to the Crown in respect of the terms of employment or the person to be treated as having been done by or in relation to [^F204 ISA^F204] .

(2) A staff transfer scheme may provide for a period before a person became an employee of [^F204 ISA^F204] to count as a period during which he was such an employee (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of [^F204 ISA^F204] not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him.

(4) A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as having his employment terminated by the operation of the scheme not to be so treated.

Property transfer schemes

2 _I154 (1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to [^F205 ISA ^F205] of any property, rights or liabilities of the Secretary of State.

(2) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

(3) A property transfer scheme may—

(a) create interests in, or rights in relation to, anything that is or could be transferred by the scheme;

(b) impose liabilities in relation to anything that is or could be transferred or created by the scheme;

(c) apportion property, rights and liabilities;

(d) provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to [^F205 ISA^F205] ;

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

Schemes: supplementary

3 _I155 A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.^F202]

Section 2

SCHEDULE 3 Barred lists _cross-notes

Part 1 Children's barred list

Automatic inclusion

1 _{I156,I157,I158C12} (1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

[^F206 (2) If DBS is satisfied that this paragraph applies to a person, it must include the person in the children’s barred list.^F206]

Inclusion subject to consideration of representations

2 _{I159,I160,I161C13} (1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

[[^F207,F208 (2) Sub-paragraph (4) applies if it appears to DBS that—

(a) this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in regulated activity relating to children.^F208]

(4) [^F209 DBS^F209] must give the person the opportunity to make representations as to why the person should not be included in the children's barred list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).

(6) If [^F209 DBS^F209] —

(a) is satisfied that this paragraph applies to the person, and

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.

(8) If [^F209 DBS^F209] —

(a) is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and

(c) is satisfied that it is appropriate to include the person in the children's barred list,

it must include the person in the list.^F207]

Behaviour

3 _I162,I163 (1) This paragraph applies to a person if—

(a) it appears to [^F209DBS^F209] that the person [^F210—

(i) has (at any time) engaged in relevant conduct, and

(ii) is or has been, or might in future be, engaged in regulated activity relating to children,^F210] and

(b)[^F209 DBS^F209] proposes to include him in the children's barred list.

(2)[^F209 DBS^F209] must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3)[^F209 DBS^F209] must include the person in the children's barred list if—

(a) it is satisfied that the person has engaged in relevant conduct,

[^F211 (aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,^F211] and

(b) it [^F212is satisfied^F212] that it is appropriate to include the person in the list.

(4) This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to.

(5) In sub-paragraph (4)—

(a) the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) a disqualification order is an order under section 28, 29 or 29A of that Act.

4 _{I164,I165,I166} (1) For the purposes of paragraph 3 relevant conduct is—

(a) conduct which endangers a child or is likely to endanger a child;

(b) conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;

(c) conduct involving sexual material relating to children (including possession of such material);

(d) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to [^F209DBS^F209] that the conduct is inappropriate;

(e) conduct of a sexual nature involving a child, if it appears to [^F209DBS^F209] that the conduct is inappropriate.

(2) A person's conduct endangers a child if he—

(a) harms a child,

(b) causes a child to be harmed,

(c) puts a child at risk of harm,

(d) attempts to harm a child, or

(e) incites another to harm a child.

(3) “ Sexual material relating to children ” means—

(a) indecent images of children, or

(b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.

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

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

(6) For the purposes of sub-paragraph (1)(d) and (e), [^F209DBS^F209] must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

5 _I167,I168 (1) This paragraph applies to a person if—

(a) it appears to [^F209DBS^F209] that the person [^F213—

(i) falls within sub-paragraph (4), and

(ii) is or has been, or might in future be, engaged in regulated activity relating to children^F213] and

(b)[^F209 DBS^F209] proposes to include him in the children's barred list.

(2)[^F209 DBS^F209] must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3)[^F209 DBS^F209] must include the person in the children's barred list if—

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

[^F214 (aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,^F214] and

(b) it [^F215is satisfied^F215] that it is appropriate to include the person in the list.

(4) A person falls within this sub-paragraph if he may—

(a) harm a child,

(b) cause a child to be harmed,

(c) put a child at risk of harm,

(d) attempt to harm a child, or

(e) incite another to harm a child.

Restriction on inclusion

6 _{I169,I170,I171} (1)[^F216 DBS^F216] must not include a person in the children's barred list—

(a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

(b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.

(2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of [^F216DBS^F216] .

(3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.

Part 2 Adults' barred list

Automatic inclusion

7 _{I172,I173,I174C14} (1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

[^F217 (2) If DBS is satisfied that this paragraph applies to a person, it must include the person in the adults’ barred list.^F217]

Inclusion subject to consideration of representations

8 _{I175,I176,I177C15} (1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

[[^F218,F219 (2) Sub-paragraph (4) applies if it appears to DBS that—

(a) this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.^F219]

(4) [^F220 DBS^F220] must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).

(6) If [^F220 DBS^F220] —

(a) is satisfied that this paragraph applies to the person, and

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.

(8) If [^F220 DBS^F220] —

(a) is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(c) is satisfied that it is appropriate to include the person in the adults' barred list,

it must include the person in the list.^F218]

Behaviour

9 _I178,I179 (1) This paragraph applies to a person if—

(a) it appears to [^F220DBS^F220] that the person [^F221—

(i) has (at any time) engaged in relevant conduct, and

(ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,^F221] and

(b)[^F220 DBS^F220] proposes to include him in the adults' barred list.

(2)[^F220 DBS^F220] must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

(3)[^F220 DBS^F220] must include the person in the adults' barred list if—

(a) it is satisfied that the person has engaged in relevant conduct,

[^F222 (aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,^F222] and

(b) it [^F223is satisfied^F223] that it is appropriate to include the person in the list.

10 _{I180,I181,I182} (1) For the purposes of paragraph 9 relevant conduct is—

(a) conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;

(b) conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;

(c) conduct involving sexual material relating to children (including possession of such material);

(d) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to [^F220DBS^F220] that the conduct is inappropriate;

(e) conduct of a sexual nature involving a vulnerable adult, if it appears to [^F220DBS^F220] that the conduct is inappropriate.

(2) A person's conduct endangers a vulnerable adult if he—

(a) harms a vulnerable adult,

(b) causes a vulnerable adult to be harmed,

(c) puts a vulnerable adult at risk of harm,

(d) attempts to harm a vulnerable adult, or

(e) incites another to harm a vulnerable adult.

(3) “ Sexual material relating to children ” means—

(a) indecent images of children, or

(b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.

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

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

(6) For the purposes of sub-paragraph (1)(d) and (e), [^F220DBS^F220] must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

11 _I183,I184 (1) This paragraph applies to a person if—

(a) it appears to [^F220DBS^F220] that the person [^F224—

(i) falls within sub-paragraph (4), and

(ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults^F224] , and

(b)[^F220 DBS^F220] proposes to include him in the adults' barred list.

(2)[^F220 DBS^F220] must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

(3)[^F220 DBS^F220] must include the person in the adults' barred list if—

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

[^F225 (aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,^F225] and

(b) it [^F226is satisfied^F226] that it is appropriate to include the person in the list.

(4) A person falls within this sub-paragraph if he may—

(a) harm a vulnerable adult,

(b) cause a vulnerable adult to be harmed,

(c) put a vulnerable adult at risk of harm,

(d) attempt to harm a vulnerable adult, or

(e) incite another to harm a vulnerable adult.

Restriction on inclusion

12 _{I185,I186,I187} (1)[^F227 DBS^F227] must not include a person in the adults' barred list—

(a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

(b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.

(2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of [^F227DBS^F227] .

(3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

Part 3 Supplementary _cross-notes

Procedure

13 _I188,I189 (1)[^F228 DBS^F228] must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list.

(2) Sub-paragraph (1) does not, without more, require [^F228DBS^F228] to give an individual the opportunity to make representations as to why he should not be included in a barred list.

14 _I190,I191 When an individual is included in a barred list[^F228 DBS^F228] must take all reasonable steps to notify the individual of that fact.

15 _I192,I193 (1) The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision [^F228DBS^F228] is required or authorised to take under this Schedule.

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

Representations

16 _{I194,I195,I196} (1) A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which [^F228DBS^F228] intends to rely in taking a decision under this Schedule.

(2) Any requirement of this Schedule to give a person an opportunity to make representations does not apply if [^F228DBS^F228] does not know and cannot reasonably ascertain the whereabouts of the person.

(3) The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made.

(4) Findings of fact made by a competent body are findings of fact made in proceedings before [^F229the 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^F229] one of the following bodies or any of its committees—

^F230 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the General Teaching Council for Wales;

(c) the Council of the Pharmaceutical Society of Great Britain;

(d) the General Medical Council;

(e) the General Dental Council;

(f) the General Optical Council;

(g) the General Osteopathic Council;

(h) the General Chiropractic Council;

(i) the Nursing and Midwifery Council;

(j)[^F231 the Health and Care Professions Council^F231] ;

(k) the General Social Care Council;

[^F232 (l) Social Care Wales^F232]

[^F233 (m) Social Work England.^F233]

[^F234 (4A) 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 ”. ^F234]

(5) The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.

17 _I197,I198 (1) This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, [^F228DBS^F228] was unable to ascertain his whereabouts.

(2) This paragraph also applies to such a person if—

(a) he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and

(b)[^F228 DBS^F228] grants him permission to make such representations out of time.

(3) If a person to whom this paragraph applies makes such representations after the prescribed time—

(a)[^F228 DBS^F228] must consider the representations, and

(b) if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.

(4) For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.

Review

18 _{I199,I200,I201} (1) A person who is included in a barred list may apply to [^F228DBS^F228] for a review of his inclusion.

(2) An application for a review may be made only with the permission of [^F228DBS^F228] .

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

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

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

(4)[^F228 DBS^F228] must not grant permission unless it thinks—

(a) that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and

(b) that the change is such that permission should be granted.

(5) On a review of a person's inclusion, if [^F228DBS^F228] is satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application.

(6) The minimum barred period is the prescribed period beginning with such of the following as may be prescribed—

(a) the date on which the person was first included in the list;

(b) the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 is first satisfied;

(c) where the person is included in the list on the grounds that he has been convicted of an offence in respect of which a custodial sentence (within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)[^F235 or section 222 of the Sentencing Code ^F235] ) was imposed, the date of his release;

(d) the date on which the person made any representations as to why he should not be included in the list.

[^F236 18A (1) Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to—

(a) a review under paragraph 18, or

(b) an application under that paragraph,

which has not yet been determined.

(2) [^F228 DBS^F228] may, at any time, review the person's inclusion in the list.

(3) On any such review, [^F228 DBS^F228] may remove the person from the list if, and only if, it is satisfied that, in the light of—

(a) information which it did not have at the time of the person's inclusion in the list,

(b) any change of circumstances relating to the person concerned, or

(c) any error by [^F228 DBS^F228] ,

it is not appropriate for the person to be included in the list.^F236]

Information

19 _{I202,I203,I204C18,C19,C20} (1)[^F228 DBS^F228] may require—

(a) any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies [^F237or appears to apply^F237] ;

(b) any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs [^F238applies or appears to apply^F238] ;

(c) the [^F239relevant chief officer^F239] to provide to it any such relevant information;

^F240 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records [^F241reasonably believes to^F241] be relevant in relation to the regulated activity concerned.

(3) For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the [^F242relevant^F242] chief officer [^F241reasonably believes to^F241] be relevant in relation to the regulated activity concerned.

(4)[^F228 DBS^F228] must pay to the appropriate [^F243local policing body^F243] such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c).

(5) For the purpose of deciding under this Schedule whether or not a person is included in a barred list[^F228 DBS^F228] must not take account of relevant police information if the [^F244relevant chief officer^F244] thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.

(6)^F245,F246 In sub-paragraph (5) relevant police information is information ... obtained by [^F228DBS^F228] in pursuance of sub-paragraph (1)(c) ....

(7) In this paragraph—

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

• [^F247 “ the relevant chief officer ” means any chief officer of a police force who is identified by [^F248 DBS ^F248] for the purposes of this paragraph; ^F247]

[^F249 (7A) 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. ^F249]

^F250 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 _I205,I206 (1) The Secretary of State may provide to [^F228DBS^F228] any information relating to a person which is held by him in connection with his functions under—

(a) the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal);

(b) Part 7 of the Care Standards Act 2000 (c. 14);

(c) sections 142 to 144 of the Education Act 2002 (c. 32).

^F251 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 _{I207,I208,I209}[^F228 DBS^F228] must provide the Secretary of State with the prescribed information relating to a person if—

(a) it includes that person in a barred list;

(b) it is considering whether to include him in a barred list;

(c) it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.

22 _I210,I211[^F252 DBS^F252] must inform the Scottish Ministers if a person is included in a barred list.

[^F253 22A. [^F254 DBS^F254] 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) .^F253]

23 _I212,I213[^F255 DBS^F255] may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.

Prescribed criteria

24 _{I214,I215,I216} (1) The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are—

(a) that a person has been convicted of, or cautioned in relation to, an offence of a specified description;

(b) that an order of a specified description requiring the person to do or not to do anything has been made against him;

(c) that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom;

(d) that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom.

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

[^F256 (a) the law of a country or territory outside England and Wales;^F256]

(b) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

(c) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

(d) section 42 of the Naval Discipline Act 1957 (c. 53);

(e) section 42 of the Armed Forces Act 2006 (c. 52).

(3) The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.

(4) For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—

(a) any offence committed before he attained the age of 18;

(b) any order or direction made before that time.

(5) The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of section 2 if the court, having considered whether to make a disqualification order, decided not to.

(6) In sub-paragraph (5)—

(a) the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) a disqualification order is an order under section 28, 29 or 29A of that Act.

(7) For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period.

^F257 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F257 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F258 (10) For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—

(a) the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and

(b) the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).^F258]

25 _I217,I218[^F259 (1)^F259] 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 [^F260DBS^F260] will [^F261or (as the case may be) may^F261] include him in the barred list concerned.

[^F262 (2) This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.^F262]

Section 5

SCHEDULE 4 Regulated Activity

Part 1 Regulated activity relating to children

Regulated activity: general

1 _{I219,I220,I221C21} (1) An activity is a regulated activity relating to children if—

(a) it is mentioned in paragraph 2(1), and

(b)[^F263 except in the case of activities falling within sub-paragraph (1A),^F263] it is carried out frequently by the same person or the period condition is satisfied.

[^F264 (1A) The following activities fall within this sub-paragraph—

(a) relevant personal care, and

(b) health care provided by, or under the direction or supervision of, a health care professional.

(1B) In this Part of this Schedule “ relevant personal care ” means—

(a) physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition),

(b) physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with—

(i) toileting (including in relation to the process of menstruation),

(ii) washing or bathing, or

(iii) dressing,

(c) the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,

(d) the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,

(e) any form of training, instruction, advice or guidance which—

(i) relates to the performance of the activity of eating or drinking,

(ii) is given to a child who is in need of it by reason of illness or disability, and

(iii) does not fall within paragraph (c), or

(f) any form of training, instruction, advice or guidance which—

(i) relates to the performance of any of the activities listed in paragraph (b)(i) to (iii),

(ii) is given to a child who is in need of it by reason of age, illness or disability, and

(iii) does not fall within paragraph (d).

(1C) In this Part of this Schedule —

• “ health care ” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,

• “ health care professional ” means 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 .

(1D) 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.^F264]

(2) An activity is a regulated activity relating to children if—

(a) it is carried out frequently by the same person or the period condition is satisfied,

(b) it is carried out in an establishment mentioned in paragraph 3(1),

(c) it is carried out by a person while engaging in [^F265any work falling within sub-paragraph (2A) or (2B)^F265] ,

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

(e) it gives that person the opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with children.

[^F266 (2A) Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which—

(a) is undertaken in pursuance of a contract for the provision of occasional or temporary services, and

(b) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)).

(2B) Work falls within this sub-paragraph if it is any form of work which is not for gain, other than—

(a) any such work which—

(i) is carried out on a temporary or occasional basis, and

(ii) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or

(b) any such work 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.

(2C) 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.^F266]

(3) Each of the following, if carried out in England, is a regulated activity relating to children—

(a) providing early years childminding in respect of which a requirement to register arises by section 33(1) of the Childcare Act 2006 (c. 21) (requirement to register);

(b) providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register);

(c) providing early years childminding or later years childminding, if it is provided by a person who is registered by virtue of section 62(1) of that Act (voluntary registration of childminders);

(d) providing later years childminding for a child who has attained the age of eight, if a requirement to register would arise in respect of that provision by section 52(1) of that Act if the child had not attained that age.

(4) Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act.

(5) It is a regulated activity relating to children to foster a child (as mentioned in section 53).

(6) Each of the following, if carried out in Wales, is a regulated activity relating to children—

(a) acting as a child minder so as to give rise to a requirement to register under [^F267section 21 of the Children and Families (Wales) Measure 2010^F267] ;

(b) an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight [^F268(or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010)^F268] .

(7) For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with [^F269 section 19 of the Children and Families (Wales) Measure 2010 ^F269] .

^F270 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The exercise of a function of [^F271the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales^F271] is a regulated activity relating to children.

[^F272 (9A) The exercise of a function so far as the function—

(a) relates to any of the matters mentioned in sub-paragraph (9B),

(b) 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 children, and

(c) is not a function which falls within sub-paragraph (9C),

is a regulated activity relating to children.

(9B) The matters in this sub-paragraph are—

^F273 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the exercise of a power under [^F274 section 41 or 42 of the Children and Families (Wales) Measure 2010 ^F274] (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place);

(c) any step taken [^F275 in relation to Wales^F275] for the purposes of section 87(3) of [^F276 the Children Act 1989^F276] (welfare of children in boarding schools and colleges);

(d) an inspection [^F277 in Wales^F277] under section 87(6) of that Act (inspection of boarding school or college);

(e) any step taken [^F278 in relation to Wales^F278] by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges)—

(i) for the purposes of an agreement made in accordance with section 87A(2) of that Act, or

(ii) in order to comply with any requirement imposed on the person under section 87B of that Act;

(f) an inspection under section ^F279 ... 18C of the Education Act 1994 (inspection of teacher training);

(g) an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales);

[^F280 (h) an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act);^F280]

(i) an inspection under Part 4 of the Learning and Skills Act 2000 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales);

[^F281 (j) a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);^F281]