Safeguarding Vulnerable Groups Act 2006 in Scotland

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

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

In subsection (3) for the words from “The Secretary of State” to “application” substitute “ Subsection (3A) applies if the Secretary of State thinks that the registered person who countersigned an application for a certificate under section 113A or 113B ”.

After subsection (3) insert—

“(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.”

This section has effect for the purposes of section 30.

Relevant information relating to children is—

Relevant information relating to vulnerable adults is—

B is undergoing assessment if—

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

The Secretary of State may by order amend the preceding provisions of this section for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).

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

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

The appropriate declaration is a declaration by A—

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

A's application and registration relate—

The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates.

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

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

If B consents to the provision of information to A under section 30 the consent also has effect as consent to any application by A to be registered in relation to B under this section.

The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application).

An individual commits an offence if, in an application made for the purposes of section 30 or 32—

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person commits an offence if—

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.

This section applies if F1DBS is considering—

If DBS thinks that a local authority hold any prescribed information relating to the person, it may require the authority to provide it with the information.

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

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

This section applies if F1DBS is considering—

DBS may require the keeper of the register to provide it with any prescribed information he holds relating to the person.

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

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

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

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

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

Sections 1, 28, 29 and 55 and Schedule 1 and, so far as relating to those provisions, sections 59 to 61 and 65 also extend to Northern Ireland.

The amendment of an enactment in Schedule 9 has the same extent as the enactment amended, but the amendments made by paragraph 14 of that Schedule do not extend to Scotland.

Her Majesty may by Order in Council direct that this Act extends, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

F2ISA shall have—

The chairman may be appointed as chief executive.

ISA may make arrangements for persons to be seconded to ISA to serve as members of its staff.

A member of a police force on temporary service with ISA shall be under the direction and control of ISA.

F2ISA must pay to its employees such remuneration and allowances as it may determine.

ISA may pay, or make payments in respect of, such pensions, allowances or gratuities to or in respect of its employees or former employees as it may determine.

Employment with ISA is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) insert at the appropriate place— “ Employment by the Independent Safeguarding Authority. ”

If any person—

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

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

F2ISA may to such extent as it may determine delegate any of its functions to—

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

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

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

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

determining whether to remove a person from a barred list;

considering representations made for the purposes of Schedule 3.

As soon as possible after the end of each financial year F2ISA must issue a report on the exercise of its functions during that year.

ISA must arrange for the report to be published in such manner as it considers appropriate.

F2ISA must keep its accounts in such form as the Secretary of State determines.

ISA must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides.

Before the end of the specified period following the end of each financial year to which the annual accounts relate ISA must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General.

The Comptroller and Auditor General must—

The financial year is—

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

F2ISA is not to be regarded—

ISA's property is not to be regarded as property of, or property held on behalf of, the Crown.

If F2ISA thinks—

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

“Action” includes failure to act.

In connection with the exercise of any of its functions F2ISA may—

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

on such terms as ISA thinks appropriate.

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

Such consent may be given—

For the purposes of paragraph 3 relevant conduct is—

A person's conduct endangers a child if he—

“Sexual material relating to children” means—

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

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

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

For the purposes of paragraph 9 relevant conduct is—

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

“Sexual material relating to children” means—

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

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

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

F1DBS must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list.

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

The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision F1DBS is required or authorised to take under this Schedule.

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

Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to—

which has not yet been determined.

F2DBS may, at any time, review the person's inclusion in the list.

On any such review, DBS may remove the person from the list if, and only if, it is satisfied that, in the light of—

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

it includes that person in a barred list;

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

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

modify any criminal offence created by this Act;

create any new criminal offence,

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

In subsection (1)—

After subsection (1) insert—

“(1A)

The grounds are—

(a)

misconduct;

(b)

professional incompetence;

(c)

conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.”

In subsection (2)—

In subsection (3)—

Omit subsection (4).

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

““relevant employer” means—

(a)

a local education authority;

(b)

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

(c)

the proprietor of a school;

(d)

the governing body of a further education institution;

“education” includes vocational, social, physical and recreational training;

“proprietor” and “school” have the meanings given in the Education Act 1996;

“further education institution” has the meaning given in section 140 of the Education Act 2002;”.

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

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

In subsection (2)—

In subsection (3)—

In subsection (4)—

In subsection (9)—

The Protection of Children Act 1999 is amended as follows.

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

In section 9 (the Tribunal)—

In section 12 (interpretation)—

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

“(ba)

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

The Police Pensions Act 1976 is amended as follows.

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

“(cg)

a member of staff of the Independent Barring Board who holds the office of constable;”.

In section 11—

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

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

“(ch)

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

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

The Data Protection Act 1998 is amended as follows.

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

In section 75 (commencement etc.), after subsection (4) insert—

“(4A)

Subsection (4) does not apply to section 56 so far as that section relates to a record containing information relating to—

(a)

the Secretary of State's functions under the Safeguarding Vulnerable Groups Act 2006, or

(b)

the Independent Barring Board's functions under that Act.”