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Protection of Freedoms Act 2012

Type Public General Act

Publication 2012-05-01

Last updated 2026-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) the Lord Advocate,

(b) such persons appearing to the Secretary of State to be representative of the views of persons entitled to exercise the powers concerned as the Secretary of State considers appropriate, and

(3) The Secretary of State must lay before Parliament an alteration or a replacement code prepared under this section.

(4) If, within the 40-day period, either House of Parliament resolves not to approve the alteration or the replacement code, the Secretary of State must not issue the alteration or code.

(5) If no such resolution is made within that period, the Secretary of State must issue the alteration or replacement code.

(6) The alteration or replacement code—

(a) comes into force when issued, and

(b) may include transitional, transitory or saving provision.

(7) Subsection (4) does not prevent the Secretary of State from laying a new alteration or replacement code before Parliament.

(8) In this section “the 40-day period” means the period of 40 days beginning with the day on which the alteration or replacement code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(9) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(10) In this section “the powers of entry code” means the code of practice issued under section 48(2) (as altered or replaced from time to time).

Publication of code

50

(1) The Secretary of State must publish the code issued under section 48(2).

(2) The Secretary of State must publish any replacement code issued under section 49(5).

(3) The Secretary of State must publish—

(a) any alteration issued under section 49(5), or

(b) the code or replacement code as altered by it.

Effect of code

51

(1) A relevant person must have regard to the powers of entry code when exercising any functions to which the code relates.

(2) A failure on the part of any person to act in accordance with any provision of the powers of entry code does not of itself make that person liable to criminal or civil proceedings.

(3) The powers of entry code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a relevant person to have regard to the powers of entry code in determining a question in any such proceedings.

(5) In this section “relevant person” means any person specified or described by the Secretary of State in an order made by statutory instrument.

(6) An order under subsection (5) may, in particular—

(a) restrict the specification or description of a person to that of the person when acting in a specified capacity or exercising specified or described functions,

(b) contain transitional, transitory or saving provision.

(7) So far as an order under subsection (5) contains a restriction of the kind mentioned in subsection (6)(a) in relation to a person, the duty in subsection (1) applies only to the person in that capacity or (as the case may be) only in relation to those functions.

(8) Before making an order under subsection (5) in relation to any person or description of persons, the Secretary of State must consult such persons appearing to the Secretary of State to be representative of the views of the person or persons in relation to whom the order may be made as the Secretary of State considers appropriate.

(9) No instrument containing the first order under subsection (5) is to be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.

(10) Subject to this, an instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.

(11) If a draft of an instrument containing the first order under subsection (5) would, apart from this subsection, be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

Sections 47 to 51: interpretation

52

In sections 47 to 51—

“power of entry” and “associated power” have the meaning given by section 46,

“the powers of entry code” has the meaning given by section 49(10).

Corresponding code in relation to Welsh devolved powers of entry

53

Schedule 3 (which confers a power on the Welsh Ministers to issue a code of practice about Welsh devolved powers of entry and associated powers) has effect.

CHAPTER 2 — Vehicles left on land

Offence of immobilising etc. vehicles

54

(1) A person commits an offence who, without lawful authority—

(a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or

(b) moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.

(2) The express or implied consent (whether or not legally binding) of a person otherwise entitled to remove the vehicle to the immobilisation, movement or restriction concerned is not lawful authority for the purposes of subsection (1).

(3) But, where the restriction of the movement of the vehicle is by means of a fixed barrier and the barrier was present (whether or not lowered into place or otherwise restricting movement) when the vehicle was parked, any express or implied consent (whether or not legally binding) of the driver of the vehicle to the restriction is, for the purposes of subsection (1), lawful authority for the restriction.

(4) A person who is entitled to remove a vehicle cannot commit an offence under this section in relation to that vehicle.

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

(a) on conviction on indictment, to a fine,

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(6) In this section “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.

Alternative remedies in relation to vehicles left on land

Extension of powers to remove vehicles from land

55

(1) Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “road” insert “ or other land ”,

(b) in paragraph (b)—

(i) after “road”, where it appears for the first time, insert “ or other land ”, and

(ii) after “road”, where it appears for the second time, insert “ or land concerned ”,

(d) at the end insert “ or other land ”.

(3) In subsection (2)—

(a) in paragraph (a), after “road”, where it appears for the third time, insert “ or on land other than a road ”, and

(b) after paragraph (a), insert—

(aa) may provide, in the case of a vehicle which may be removed from land other than a road, for the moving of the vehicle from one position on such land to another position on such land or on any road;

Recovery of unpaid parking charges

56

Schedule 4 (which makes provision for the recovery of unpaid parking charges from the keeper or hirer of a vehicle in certain circumstances) has effect.

Part 4 — Counter-terrorism powers

Pre-charge detention of terrorist suspects

Maximum detention period of 14 days

57

(1) In paragraph 36(3)(b)(ii) of Schedule 8 to the Terrorism Act 2000 (maximum period of pre-charge detention for terrorist suspects) for “28 days” substitute “ 14 days ”.

(2) Omit section 25 of the Terrorism Act 2006 (which provides for the 28 day limit in paragraph 36(3)(b)(ii) of Schedule 8 to the Act of 2000 to be 14 days subject to a power to raise it to 28 days).

Emergency power for temporary extension and review of extensions

58

(1) After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of terrorist suspects) insert—

(38) (1) The Secretary of State may make a temporary extension order if— (a) either— (i) Parliament is dissolved, or (ii) Parliament has met after a dissolution but the first Queen's Speech of the Parliament has not yet taken place, and (b) the Secretary of State considers that it is necessary by reason of urgency to make such an order. (2) A temporary extension order is an order which provides, in relation to the period of three months beginning with the coming into force of the order, for paragraphs 36 and 37 to be read as if— (a) in paragraph 36(3)(b)(ii) for “14 days” there were substituted “ 28 days ”, and (b) the other modifications in sub-paragraphs (3) and (4) were made. (3) The other modifications of paragraph 36 are— (a) the insertion at the beginning of sub-paragraph (1) of “Subject to sub-paragraphs (1ZA) to (1ZI),”, (b) the insertion, after sub-paragraph (1), of— (1ZA) Sub-paragraph (1ZB) applies in relation to any proposed application under sub-paragraph (1) for the further extension of the period specified in a warrant of further detention where the grant (otherwise than in accordance with sub-paragraph (3AA)(b)) of the application would extend the specified period to a time that is more than 14 days after the relevant time. (1ZB) No person may make such an application— (a) in England and Wales, without the consent of the Director of Public Prosecutions, (b) in Scotland, without the consent of the Lord Advocate, and (c) in Northern Ireland, without the consent of the Director of Public Prosecutions for Northern Ireland, unless the person making the application is the person whose consent is required. (1ZC) The Director of Public Prosecutions must exercise personally any function under sub-paragraph (1ZB) of giving consent. (1ZD) The only exception is if— (a) the Director is unavailable, and (b) there is another person who is designated in writing by the Director acting personally as the person who is authorised to exercise any such function when the Director is unavailable. (1ZE) In that case— (a) the other person may exercise the function but must do so personally, and (b) the Director acting personally— (i) must review the exercise of the function as soon as practicable, and (ii) may revoke any consent given. (1ZF) Where the consent is so revoked after an application has been made or extension granted, the application is to be dismissed or (as the case may be) the extension is to be revoked. (1ZG) Sub-paragraphs (1ZC) to (1ZF) apply instead of any other provisions which would otherwise have enabled any function of the Director of Public Prosecutions under sub-paragraph (1ZB) of giving consent to be exercised by a person other than the Director. (1ZH) The Director of Public Prosecutions for Northern Ireland must exercise personally any function under sub-paragraph (1ZB) of giving consent unless the function is exercised personally by the Deputy Director of Public Prosecutions for Northern Ireland by virtue of section 30(4) or (7) of the Justice (Northern Ireland) Act 2002 (powers of Deputy Director to exercise functions of Director). (1ZI) Sub-paragraph (1ZH) applies instead of section 36 of the Act of 2002 (delegation of the functions of the Director of Public Prosecutions for Northern Ireland to persons other than the Deputy Director) in relation to the functions of the Director of Public Prosecutions for Northern Ireland and the Deputy Director of Public Prosecutions for Northern Ireland under, or (as the case may be) by virtue of, sub-paragraph (1ZB) above of giving consent. (c) the substitution, for “a judicial authority” in sub-paragraph (1A), of “— (a) in the case of an application falling within sub-paragraph (1B), a judicial authority; and (b) in any other case, a senior judge (d) the insertion, after sub-paragraph (1A), of— (1B) An application for the extension or further extension of a period falls within this sub-paragraph if— (a) the grant of the application otherwise than in accordance with sub-paragraph (3AA)(b) would extend that period to a time that is no more than 14 days after the relevant time; and (b) no application has previously been made to a senior judge in respect of that period. (e) the insertion, after “judicial authority” in both places in sub-paragraph (3AA) where it appears, of “or senior judge”, (f) the insertion, after “detention” in sub-paragraph (4), of but, in relation to an application made by virtue of sub-paragraph (1A)(b) to a senior judge, as if— (a) references to a judicial authority were references to a senior judge; and (b) references to the judicial authority in question were references to the senior judge in question (g) the insertion, after “judicial authority” in sub-paragraph (5), of “or senior judge”, and (h) the insertion, after sub-paragraph (6), of— (7) In this paragraph and paragraph 37 “senior judge” means a judge of the High Court or of the High Court of Justiciary. (4) The modification of paragraph 37 is the insertion, in sub-paragraph (2), after “judicial authority”, of “or senior judge”. (5) A temporary extension order applies, except so far as it provides otherwise, to any person who is being detained under section 41 when the order comes into force (as well as any person who is subsequently detained under that section). (6) The Secretary of State may by order revoke a temporary extension order if the Secretary of State considers it appropriate to do so (whether or not the conditions mentioned in paragraphs (a) and (b) of sub-paragraph (1) are met). (7) Sub-paragraph (8) applies if— (a) any of the following events occurs— (i) the revocation without replacement of a temporary extension order, (ii) the expiry of the period of three months mentioned in sub-paragraph (2) in relation to such an order, (iii) the ceasing to have effect of such an order by virtue of section 123(6B) and (6C), and (b) at that time— (i) a person is being detained by virtue of a further extension under paragraph 36, (ii) the person's further detention was authorised by virtue of the temporary extension order concerned (before its revocation, expiry or ceasing to have effect) for a period ending more than 14 days after the relevant time (within the meaning given by paragraph 36(3B)), (iii) that 14 days has expired, and (iv) the person's detention is not otherwise authorised by law. (8) The person with custody of that individual must release the individual immediately. (9) Subject to sub-paragraphs (7) and (8), the fact that— (a) a temporary extension order is revoked, (b) the period of three months mentioned in sub-paragraph (2) has expired in relation to such an order, or (c) such an order ceases to have effect by virtue of section 123(6B) and (6C), is without prejudice to anything previously done by virtue of the order or to the making of a new order.

(2) After section 123(6) of that Act (orders and regulations under the Act) insert—

(6A) As soon as practicable after making an order under paragraph 38 of Schedule 8, the Secretary of State must lay a copy of the order before each House of Parliament. (6B) An order under paragraph 38 of Schedule 8 is to cease to have effect at the end of the period of 20 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House of Parliament during that period. (6C) For the purposes of subsection (6B) the period of 20 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946. (6D) Subsections (6B) and (6C) do not apply to an order under paragraph 38 of Schedule 8 which revokes an order under that paragraph.

(3) After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation) insert—

(4A) The person appointed under subsection (1) must ensure that a review is carried out (whether by that person or another person) into any case where the period specified in a warrant of further detention issued under Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of terrorist suspects) is further extended by virtue of paragraph 36 of that Schedule to a time that is more than 14 days after the relevant time (within the meaning of that paragraph). (4B) The person appointed under subsection (1) must ensure that a report on the outcome of the review is sent to the Secretary of State as soon as reasonably practicable after the completion of the review.

Stop and search powers: general

Repeal of existing stop and search powers

59

Omit sections 44 to 47 of the Terrorism Act 2000 (power to stop and search).

Replacement powers to stop and search persons and vehicles

60

(1) Omit section 43(3) of the Terrorism Act 2000 (requirement for searches of persons to be carried out by someone of the same sex).

(2) After section 43(4) of that Act insert—

(4A) Subsection (4B) applies if a constable, in exercising the power under subsection (1) to stop a person whom the constable reasonably suspects to be a terrorist, stops a vehicle (see section 116(2)). (4B) The constable— (a) may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and (b) may seize and retain anything which the constable— (i) discovers in the course of such a search, and (ii) reasonably suspects may constitute evidence that the person is a terrorist. (4C) Nothing in subsection (4B) confers a power to search any person but the power to search in that subsection is in addition to the power in subsection (1) to search a person whom the constable reasonably suspects to be a terrorist.

(3) After section 43 of that Act insert—

(43A) (1) Subsection (2) applies if a constable reasonably suspects that a vehicle is being used for the purposes of terrorism. (2) The constable may stop and search— (a) the vehicle; (b) the driver of the vehicle; (c) a passenger in the vehicle; (d) anything in or on the vehicle or carried by the driver or a passenger; to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism. (3) A constable may seize and retain anything which the constable— (a) discovers in the course of a search under this section, and (b) reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism. (4) A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom. (5) In this section “driver”, in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew.

Replacement powers to stop and search in specified locations

61

(1) Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before it) insert—

(47A) (1) A senior police officer may give an authorisation under subsection (2) or (3) in relation to a specified area or place if the officer— (a) reasonably suspects that an act of terrorism will take place; and (b) reasonably considers that— (i) the authorisation is necessary to prevent such an act; (ii) the specified area or place is no greater than is necessary to prevent such an act; and (iii) the duration of the authorisation is no longer than is necessary to prevent such an act. (2) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in the specified area or place and to search— (a) the vehicle; (b) the driver of the vehicle; (c) a passenger in the vehicle; (d) anything in or on the vehicle or carried by the driver or a passenger. (3) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in the specified area or place and to search— (a) the pedestrian; (b) anything carried by the pedestrian. (4) A constable in uniform may exercise the power conferred by an authorisation under subsection (2) or (3) only for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b). (5) But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence. (6) A constable may seize and retain anything which the constable— (a) discovers in the course of a search under such an authorisation; and (b) reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b). (7) Schedule 6B (which makes supplementary provision about authorisations under this section) has effect. (8) In this section— - “driver” has the meaning given by section 43A(5); - “senior police officer” has the same meaning as in Schedule 6B (see paragraph 14(1) and (2) of that Schedule); - “specified” means specified in an authorisation.

(2) Schedule 5 (which inserts a new Schedule making supplementary provision about powers to stop and search in specified locations into the Terrorism Act 2000) has effect.

Code of practice

62

After section 47A of the Terrorism Act 2000 (for which see section 61) insert—

(47AA) (1) The Secretary of State must prepare a code of practice containing guidance about— (a) the exercise of the powers conferred by sections 43 and 43A, (b) the exercise of the powers to give an authorisation under section 47A(2) or (3), (c) the exercise of the powers conferred by such an authorisation and section 47A(6), and (d) such other matters in connection with the exercise of any of the powers mentioned in paragraphs (a) to (c) as the Secretary of State considers appropriate. (2) Such a code may make different provision for different purposes. (3) In the course of preparing such a code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate. (47AB) (1) The Secretary of State must lay before Parliament— (a) a code of practice prepared under section 47AA, and (b) a draft of an order providing for the code to come into force. (2) The Secretary of State must make the order and issue the code if the draft of the order is approved by a resolution of each House of Parliament. (3) The Secretary of State must not make the order or issue the code unless the draft of the order is so approved. (4) The Secretary of State must prepare another code of practice under section 47AA if— (a) the draft of the order is not so approved, and (b) the Secretary of State considers that there is no realistic prospect that it will be so approved. (5) A code comes into force in accordance with an order under this section. (47AC) (1) The Secretary of State— (a) must keep the search powers code under review, and (b) may prepare an alteration to the code or a replacement code. (2) Before preparing an alteration or a replacement code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate. (3) Section 47AB (other than subsection (4)) applies to an alteration or a replacement code prepared under this section as it applies to a code prepared under section 47AA. (4) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time). (47AD) (1) The Secretary of State must publish the code (and any replacement code) issued under section 47AB (2). (2) The Secretary of State must publish— (a) any alteration issued under section 47AB (2), or (b) the code or replacement code as altered by it. (47AE) (1) A constable must have regard to the search powers code when exercising any powers to which the code relates. (2) A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings. (3) The search powers code is admissible in evidence in any such proceedings. (4) A court or tribunal may, in particular, take into account a failure by a constable to have regard to the search powers code in determining a question in any such proceedings. (5) The references in this section to a constable include, in relation to any functions exercisable by a person by virtue of paragraph 15 of Schedule 4 to the Police Reform Act 2002 or paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (search powers in specified areas or places for community support officers), references to that person. (6) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).

Stop and search powers: Northern Ireland

Stop and search powers in relation to Northern Ireland

63

Schedule 6 (which makes amendments relating to stop and search powers in Northern Ireland) has effect.

Part 5 — Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1 — Safeguarding of vulnerable groups

Restrictions on scope of regulation: England and Wales

Restriction of scope of regulated activities: children

64

(1) Parts 1 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to children and the period condition) are amended as follows.

(2) In paragraph 1(1)(b) (frequency and period condition for regulated activity), at the beginning, insert “ except in the case of activities falling within sub-paragraph (1A), ”.

(3) After paragraph 1(1) insert—

(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.

(4) In paragraph 1(2)(c) (work activities at certain establishments to be regulated activity) for “any form of work (whether or not for gain)” substitute “ any work falling within sub-paragraph (2A) or (2B) ”.

(5) After paragraph 1(2) insert—

(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.

(6) Also in paragraph 1—

(a) in sub-paragraph (7) (meaning of “acting as a child minder”) for “section 79A of that Act” substitute “ section 19 of the Children and Families (Wales) Measure 2010 ”,

(b) omit sub-paragraph (8) (exercise of functions of certain persons to be regulated activity),

(c) in sub-paragraph (9) (exercise of functions of persons mentioned in paragraph 4(1) to be regulated activity) for “a person mentioned in paragraph 4(1)” substitute “ the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales ”,

(d) in sub-paragraph (9B) (exercise of certain inspection etc. functions to be regulated activity)—

(i) omit paragraph (a),

(ii) in paragraph (b) for “section 79U(3) of the Children Act 1989” substitute “ section 41 or 42 of the Children and Families (Wales) Measure 2010 ”,

(iii) in paragraph (c) after “taken” insert “ in relation to Wales ” and for “that Act” substitute “ the Children Act 1989 ”,

(iv) in paragraph (d) after “inspection”, where it first appears, insert “ in Wales ”,

(v) in paragraph (e) after “taken” insert “ in relation to Wales ”,

(vi) in paragraph (f) omit “18B or”,

(vii) in paragraph (h), after “inspection”, where it first appears, insert “ in Wales ”,

(viii) in paragraph (m) omit “48 or”,

(ix) in paragraph (n) after “inspection” insert “ in Wales ”, and

(x) omit paragraphs (p) to (t),

(e) in sub-paragraph (10) (inspectors) omit paragraphs (a), (ba), (d) and (e),

(f) omit sub-paragraph (12A) (accessing certain databases to be regulated activity),

(g) omit sub-paragraph (13A) (exercise of certain functions of Care Quality Commission to be regulated activity),

(h) in sub-paragraph (14) (day to day management or supervision of a person carrying out regulated activity to be regulated activity) for “(8), (9C), (11) or (13A)” substitute “ (9A), (9C) or (11) ”, and

(i) after sub-paragraph (14) insert—

(15) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.

(7) In paragraph 2 (activities referred to in paragraph 1(1))—

(a) in sub-paragraph (1) omit paragraph (d) (treatment and therapy provided for a child),

(b) in sub-paragraph (2)—

(i) for “, (c) and (d)” substitute “ and (c) ”, and

(ii) omit paragraph (d), and

(3A) Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. (3B) Sub-paragraph (1)(b)— (a) does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and (b) does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. (3C) The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned. (3D) Sub-paragraph (1)(c) does not include any legal advice.

(8) In paragraph 3(1) (list of establishments referred to in paragraph 1(2) and (9C)) omit paragraph (c).

(9) Omit paragraph 4 (list of persons referred to in paragraph 1(9)).

(10) In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “ or (c) ”.

Restriction of definition of vulnerable adults

65

(1) Omit section 59 of the Safeguarding Vulnerable Groups Act 2006 (definition of vulnerable adults).

(2) In section 60(1) of that Act (interpretation of Act)—

(a) after “In this Act—” insert—

“adult” means a person who has attained the age of 18;”, and

(b) in the definition of “vulnerable adult”, for the words “must be construed in accordance with section 59” substitute “ 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 ”.

Restriction of scope of regulated activities: vulnerable adults

66

(1) Parts 2 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to vulnerable adults and the period condition) are amended as follows.

(2) For paragraph 7(1) to (3) (main activities which are regulated activity) substitute—

(1) Each of the following is a regulated activity relating to vulnerable adults— (a) the provision to an adult of health care by, or under the direction or supervision of, a health care professional, (b) the provision to an adult of relevant personal care, (c) the provision by a social care worker of relevant social work to an adult who is a client or potential client, (d) the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability, (e) any relevant assistance in the conduct of an adult's own affairs, (f) the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability, (g) such activities— (i) involving, or connected with, the provision of health care or relevant personal care to adults, and (ii) not falling within any of the above paragraphs, as are of a prescribed description. (2) Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. (3) A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002. (3A) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid. (3B) Relevant personal care means— (a) physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with— (i) eating or drinking (including the administration of parenteral nutrition), (ii) toileting (including in relation to the process of menstruation), (iii) washing or bathing, (iv) dressing, (v) oral care, or (vi) the care of skin, hair or nails, (b) the prompting, together with supervision, of a person 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 (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or (c) any form of training, instruction, advice or guidance which— (i) relates to the performance of any of the activities listed in paragraph (a), (ii) is given to a person who is in need of it by reason of age, illness or disability, and (iii) does not fall within paragraph (b). (3C) Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and social care worker means a person who is a social care worker by virtue of section 55(2)(a) of that Act. (3D) Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person— (a) managing the person's cash, (b) paying the person's bills, (c) shopping. (3E) Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of— (a) a lasting power of attorney created in respect of the person in accordance with section 9 of the Mental Capacity Act 2005, (b) an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the person which is— (i) registered in accordance with that Schedule, or (ii) the subject of an application to be so registered, (c) an order made under section 16 of that Act by the Court of Protection in relation to the making of decisions on the person's behalf, (d) the appointment of an independent mental health advocate or (as the case may be) an independent mental capacity advocate in respect of the person in pursuance of arrangements under section 130A of the Mental Health Act 1983 or section 35 of the Mental Capacity Act 2005, (e) the provision of independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006) in respect of the person, or (f) the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration Act 1992.

(3) Omit paragraph 7(4) (certain activities in care homes to be regulated activity).

(4) In paragraph 7(5) (day to day management or supervision of certain activities to be regulated activity) omit “or (4)”.

(5) In paragraph 7(7)(f) (inspection functions) omit “English local authority social services or”.

(6) Omit paragraph 7(8A) (certain functions of Care Quality Commission to be regulated activity).

(7) In paragraph 7(9) (functions of certain persons to be regulated activity) for “a person mentioned in paragraph 8(1)” substitute “ the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales ”.

(8) Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions are to be regulated activity).

(9) In paragraph 10(2) (the period condition)—

(a) omit “or 7(1)(a), (b), (c), (d) or (g)”, and

(b) in paragraph (b), omit “or vulnerable adults (as the case may be)”.

Alteration of test for barring decisions

67

(1) For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (automatic inclusion of person to whom paragraph applies in children's barred list) substitute—

(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. (3) If (whether or not on a reference under sub-paragraph (2)) ISA is satisfied that this paragraph applies to a person, it must include the person in the children's barred list.

(2) For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Act (inclusion of person to whom paragraph applies in children's barred list with right to make representation afterwards) substitute—

(2) If the Secretary of State has reason to believe that— (a) this paragraph might apply to a person, and (b) the person is or has been, or might in future be, engaged in regulated activity relating to children, the Secretary of State must refer the matter to ISA. (3) Sub-paragraph (4) applies if (whether or not on a reference under sub-paragraph (2)) it appears to ISA 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. (4) ISA 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 ISA— (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 ISA— (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.

(3) In paragraph 3 of that Schedule to that Act (inclusion in children's barred list on behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute

— (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,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(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,

, and

(4) In paragraph 5 of that Schedule to that Act (inclusion in children's barred list because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

— (i) falls within sub-paragraph (4), and (ii) is or has been, or might in future be, engaged in regulated activity relating to children

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(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,

, and

(5) For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Act (automatic inclusion of person to whom paragraph applies in adults' barred list) substitute—

(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA. (3) If (whether or not on a reference under sub-paragraph (2)) ISA is satisfied that this paragraph applies to a person, it must include the person in the adults' barred list.

(6) For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Act (inclusion of person to whom paragraph applies in adults' barred list with right to make representation afterwards) substitute—

(2) If the Secretary of State has reason to believe that— (a) this paragraph might apply to a person, and (b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, the Secretary of State must refer the matter to ISA. (3) Sub-paragraph (4) applies if (whether or not on a reference under sub-paragraph (2)) it appears to ISA 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. (4) ISA 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 ISA— (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 ISA— (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.

(7) In paragraph 9 of that Schedule to that Act (inclusion in adults' barred list on behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,” substitute

— (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,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(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,

, and

(8) In paragraph 11 of that Schedule to that Act (inclusion in adults' barred list because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute

— (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

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at the end of the paragraph), insert—

(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,

, and

Abolition of other areas of regulation: England and Wales

Abolition of controlled activity

68

Omit sections 21 to 23 of the Safeguarding Vulnerable Groups Act 2006 (controlled activity).

Abolition of monitoring

69

Omit sections 24 to 27 of the Safeguarding Vulnerable Groups Act 2006 (monitoring).

Main amendments relating to new arrangements: England and Wales

Information for purposes of making barring decisions

70

(1) In paragraph 19 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (information required by ISA about persons to whom grounds for barring apply)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) after “applies” insert “ or appears to apply ”,

(ii) in paragraph (b) for “apply” substitute “ applies or appears to apply ”, and

(iii) omit paragraph (d),

(b) in sub-paragraphs (2) and (3) for “thinks might” substitute “ reasonably believes to ”, and

(i) omit the words from “which” to “it is”, and

(ii) omit “or paragraph 20(2)”.

(2) In paragraph 20 of that Schedule to that Act (provision of information by Secretary of State to ISA) for sub-paragraph (2) substitute—

(2) Where the Secretary of State is under a duty under paragraph 1, 2, 7 or 8 to refer a matter to ISA, the Secretary of State must provide to ISA any prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997) of a prescribed description which has been made available to the Secretary of State for the purposes of Part 5 of that Act.

Review of barring decisions

71

After paragraph 18 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (power to apply for review of a person's inclusion in a barred list) insert—

(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) ISA may, at any time, review the person's inclusion in the list. (3) On any such review, ISA 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 ISA, it is not appropriate for the person to be included in the list.

Information about barring decisions

72

(1) For sections 30 to 32 of the Safeguarding Vulnerable Groups Act 2006 (provision of vetting information and information about cessation of monitoring) substitute—

(30A) (1) The Secretary of State must provide a person (A) with the information mentioned in subsection (3) in relation to another (B) if— (a) A makes an application for the information and pays any fee payable in respect of the application, (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 A falls within column 1 of the table in Schedule 7 in relation to B, (b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and (c) that B has consented to the provision of the information to A. (3) The information is— (a) if A's declaration states that column 2 of the relevant entry refers to children, whether B is barred from regulated activity relating to children, and (b) if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, whether B is barred from regulated activity relating to vulnerable adults. (4) 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. (5) The Secretary of State may prescribe any fee payable in respect of an application under this section. (6) Fees received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund. (7) The Secretary of State may determine 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). (30B) (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 and pays any fee payable in respect of the application, (b) the application contains the appropriate declaration, and (c) the Secretary of State has no reason to believe that the declaration is false. (3) The appropriate declaration is a declaration by A— (a) that A falls within column 1 of the table in Schedule 7 in relation to B, (b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and (c) that B has consented to the application. (4) A's application and registration relate— (a) if A's declaration states that column 2 of the relevant entry refers to children, to regulated activity relating to children; (b) if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, to regulated activity relating to vulnerable adults. (5) The Secretary of State must notify A if B is barred from regulated activity to which A's registration relates. (6) The requirement under subsection (5) is satisfied if notification is sent to any address recorded against A's name in the register. (7) If B consents to the provision of information to A under section 30A, the consent also has effect as consent to any application by A to be registered in relation to B under this section. (8) The Secretary of State may prescribe any fee payable in respect of an application under this section. (9) Fees received by the Secretary of State by virtue of this section must be paid into the Consolidated Fund. (10) The Secretary of State may determine 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).

(2) In section 33 of that Act (cessation of registration)—

(a) in subsection (1) for “32” substitute “ 30B ”,

(b) in subsection (2) for “(6)” substitute “ (5) ”, and

(3A) Circumstances prescribed by virtue of subsection (3) may, in particular, include that— (a) the Secretary of State has asked the registered person (A) to make a renewed declaration within the prescribed period in relation to the person (B) in relation to whom A is registered, and (b) either— (i) A has failed to make the declaration within that period, or (ii) A has made the declaration within that period but the Secretary of State has reason to believe that it is false. (3B) A renewed declaration is a declaration by A— (a) that A falls within column 1 of the table in Schedule 7 in relation to B, (b) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and (c) that B consents to the registration of A in relation to B. (3C) If B consents to the provision of information to A under section 30A, the consent also has effect as consent to the registration of A in relation to B. (3D) Section 34 applies in relation to the making of a declaration in response to a request from the Secretary of State of the kind mentioned in subsection (3A)(a) as it applies in relation to the making of a declaration in an application made for the purposes of section 30B.

(3) In section 34 of that Act (declarations under sections 30 and 32)—

(a) in the heading for “30 and 32” substitute “ 30A and 30B ”, and

(b) in subsection (1) for “30 or 32” substitute “ 30A or 30B ”.

(4) Omit entry 19 in the table in paragraph 1 of Schedule 7 to that Act (power to add entries to the table).

(5) In paragraph 2 of Schedule 7 to that Act (power to amend entries in the table) for the words from “any” to the end substitute “ this Schedule ”.

(6) Omit paragraph 3(1)(b) of Schedule 7 to that Act (barring information where certain activities carried on for the purposes of the armed forces of the Crown) and the word “or” before it.

Duty to check whether person barred

73

After section 34 of the Safeguarding Vulnerable Groups Act 2006 (declarations relating to the provision of barring information) insert—

(34ZA) (1) A regulated activity provider who is considering whether to permit an individual (B) to engage in regulated activity relating to children or vulnerable adults must ascertain that B is not barred from the activity concerned before permitting B to engage in it. (2) A personnel supplier who— (a) is considering whether to supply an individual (B) to another (P), and (b) knows, or has reason to believe, that P will make arrangements for B (if supplied) to engage in regulated activity relating to children or vulnerable adults, must ascertain that B is not barred from the activity concerned before supplying B to P. (3) A person is, in particular, to be treated as having met the duty in subsection (1) or (2) if condition 1, 2 or 3 is met. (4) Condition 1 is that the person has, within the prescribed period, been informed under section 30A that B is not barred from the activity concerned. (5) Condition 2 is that— (a) the person has, within the prescribed period, checked a relevant enhanced criminal record certificate of B which has been obtained within that period, and (b) the certificate does not show that B is barred from the activity concerned. (6) Condition 3 is that— (a) the person has, within the prescribed period, checked— (i) a relevant enhanced criminal record certificate of B, and (ii) up-date information given, within that period, under section 116A of the Police Act 1997 in relation to the certificate, (b) the certificate does not show that B is barred from the activity concerned, and (c) the up-date information is not advice to request B to apply for a new enhanced criminal record certificate. (7) The Secretary of State may by regulations provide for— (a) the duty under subsection (1) not to apply in relation to persons of a prescribed description, (b) the duty under subsection (2) not to apply in relation to persons of a prescribed description. (8) In this section— - “enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B of the Police Act 1997, - “relevant enhanced criminal record certificate” means— 1. in the case of regulated activity relating to children, an enhanced criminal record certificate which includes, by virtue of section 113BA of the Police Act 1997, suitability information relating to children, and 2. in the case of regulated activity relating to vulnerable adults, an enhanced criminal record certificate which includes, by virtue of section 113BB of that Act, suitability information relating to vulnerable adults.

Restrictions on duplication with Scottish and Northern Ireland barred lists

74

(1) Before paragraph 6 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (restriction on inclusion in children's barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—

(5A) (1) ISA must not include a person in the children's barred list if ISA knows that the person is included in a corresponding list. (2) ISA must remove a person from the children's barred list if ISA knows that the person is included in a corresponding list. (3) A corresponding list is 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.

(2) In paragraph 6(1)(a) of that Schedule to that Act—

(a) after “if” insert “ ISA knows that ”,

(b) after “authority” insert

— (i)

, and

, and (ii) has decided not to include the person in the list

(3) Before paragraph 12 of that Schedule to that Act (restriction on inclusion in adults' barred list for Scottish cases), and after the italic cross-heading before that paragraph, insert—

(11A) (1) ISA must not include a person in the adults' barred list if ISA knows that the person is included in a corresponding list. (2) ISA must remove a person from the adults' barred list if ISA knows that the person is included in a corresponding list. (3) A corresponding list is 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) In paragraph 12(1)(a) of that Schedule to that Act—

(a) after “if” insert “ ISA knows that ”,

(b) after “authority” insert

— (i)

, and

, and (ii) has decided not to include the person in the list

Other amendments relating to new arrangements: England and Wales

Professional bodies

75

(1) In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer)—

(a) in subsection (1)—

(i) for “must” substitute “ may ”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

(i) in paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,

(ii) also in paragraph (a), omit “or controlled activity”, and

(iii) in paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,

(d) in the heading for “duty” substitute “ power ”.

(2) Omit paragraph 9(2)(a) of Schedule 5 to the Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182) (which, if section 44(1) of the Act of 2006 were to come into force, would insert subsections (4A) to (4C) into section 41 of the Act of 2006).

(3) In section 43 of the Act of 2006 (registers: notice of barring etc.) for subsections (1) to (5) substitute—

(1) Subsection (2) applies if— (a) ISA 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) ISA is aware that A is subject to a relevant disqualification. (2) ISA 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 ISA relied in including A in the list as ISA 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 ISA to ascertain in relation to a person (A) whether— (a) A is included in a barred list, or (b) ISA is aware that A is subject to a relevant disqualification. (4) ISA 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) ISA may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as ISA considers appropriate. (5A) Subsection (5B) applies if— (a) a keeper of a register has applied to the Secretary of State to be notified in relation to a person (A) if— (i) A is included in a barred list, or (ii) the Secretary of State is aware that A is subject to a relevant disqualification, and (b) the application has not been withdrawn. (5B) The Secretary of State 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 the Secretary of State 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) the Secretary of State cancels the application on either of the following grounds— (i) that the keeper has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State 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 ISA or (as the case may be) the Secretary of State is satisfied that the keeper of the register already has the information concerned. (5F) The Secretary of State 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).

(4) In section 43(6)(a) of the Act of 2006 (meaning of “relevant register”) omit “of entry 1 or 8”.

(5) In the heading of section 43 of that Act for “notice of barring and cessation of monitoring” substitute “ provision of barring information to keepers of registers ”.

(6) Omit section 44 of that Act (registers: power to apply for vetting information).

Supervisory authorities

76

(1) In section 45 of the Safeguarding Vulnerable Groups Act 2006 (duty of supervisory authorities to refer)—

(a) in subsection (1)—

(i) for “must” substitute “ may ”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

(i) in paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,

(ii) also in paragraph (a), omit “or controlled activity”, and

(iii) in paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,

(d) omit subsection (6), and

(e) in the heading for “duty” substitute “ power ”.

(2) In section 47 of that Act (supervisory authorities: power to apply for vetting information)—

(a) in the heading for “vetting” substitute “ certain barring ”,

(b) in subsection (1) for “the Secretary of State”, in both places where it occurs, substitute “ ISA ”,

(d) in subsection (3) omit paragraphs (b) to (e),

(e) omit subsection (5), and

(f) in subsection (7) for “prescribe” substitute “ determine ”.

(3) In section 48 of that Act (supervisory authorities: notification of barring etc. in respect of children)—

(a) in subsection (1)—

(i) for “This section” substitute “ Subsection (2) ”,

(ii) in paragraph (a) omit “newly”,

(iii) at the end of paragraph (a) insert “ or ”,

(iv) in paragraph (b) for “becomes” substitute “ is ”, and

(v) omit paragraph (c) and the word “or” before it,

(b) in subsection (2) for “, (b) or (c)” substitute “ or (b) ”,

(2A) The duty in subsection (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.

(d) in subsection (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”,

(e) in subsection (5)—

(i) after “withdrawn if” insert

— (a)

(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”, and

(iii) at the end insert

, or (b) the Secretary of State cancels the application on either of the following grounds— (i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in subsection (1) in relation to the person, or (ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).

, and

(f) in subsection (8) for “prescribe” substitute “ determine ”.

(4) In section 49 of that Act (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—

(a) in subsection (1)—

(i) for “This section” substitute “ Subsection (2) ”,

(ii) in paragraph (a) omit “newly”,

(iii) at the end of paragraph (a) insert “ or ”,

(iv) in paragraph (b) for “becomes” substitute “ is ”, and

(v) omit paragraph (c) and the word “or” before it,

(b) in subsection (2) for “, (b) or (c)” substitute “ or (b) ”,

(2A) The duty in subsection (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.

(d) in subsection (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”,

(e) in subsection (5)—

(i) after “withdrawn if” insert

— (a)

(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in subsection (1) ”, and

(iii) at the end insert

, or (b) the Secretary of State cancels the application on either of the following grounds— (i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in subsection (1) in relation to the person, or (ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7).

, and

(f) in subsection (8) for “prescribe” substitute “ determine ”.

(5) In section 50 of that Act (provision of information to supervisory authorities)—

(a) in subsection (2) for “must” substitute “ may (whether on an application by the authority or otherwise) ”,

(b) in subsection (3)—

(i) in paragraph (b), after “the authority” insert “ which is mentioned in section 45(7) ”, and

(ii) for the words from “or information” to “occurred” substitute “ or of any circumstance mentioned in section 48(1) or 49(1) ”, and

(4) A supervisory authority may apply to ISA 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) The Secretary of State may determine the form, manner and contents of an application for the purposes of this section.

Minor amendments

77

(1) In the Policing and Crime Act 2009 omit—

(a) section 87(2) (which, if commenced, would insert sections 34A to 34C into the Safeguarding Vulnerable Groups Act 2006 in connection with the notification of proposals to include persons in barred lists), and

(b) section 89(6) (which, if commenced, would amend the power of the Secretary of State in the Act of 2006 to examine records of convictions or cautions in connection with barring decisions).

(2) In section 39 of the Safeguarding Vulnerable Groups Act 2006 (duty of local authorities to refer)—

(a) in subsection (1)—

(i) for “must” substitute “ may ”, and

(ii) omit “prescribed”,

(b) in subsection (4)—

(i) in paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,

(ii) also in paragraph (a), omit “or controlled activity”, and

(iii) in paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,

(d) in the heading for “duty” substitute “ power ”.

(3) In section 50A(1) of that Act (power for ISA to provide information to the police for use for certain purposes), after paragraph (b), insert—

(c) the appointment of persons who are under the direction and control of the chief officer, (d) any prescribed purpose

(4) After section 50A(1) of that Act insert—

(1A) ISA 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) ISA may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which ISA reasonably believes to be relevant to that authority. (1C) ISA 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.

(5) After section 50A(3) of that Act insert—

(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).

(6) After paragraph 5 of Schedule 4 to that Act (regulated activity relating to children) insert—

(5A) (1) The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children. (2) Before giving guidance under this paragraph, the Secretary of State must consult the Welsh Ministers. (3) The Secretary of State must publish guidance given under this paragraph. (4) A regulated activity provider or a personnel supplier must, in exercising any functions under this Act, have regard to guidance for the time being given under this paragraph.

Corresponding amendments relating to Northern Ireland

Corresponding amendments in relation to Northern Ireland

78

Schedule 7 (which makes corresponding amendments in relation to Northern Ireland about the safeguarding of vulnerable groups) has effect.

CHAPTER 2 — Criminal records

Safeguards in relation to certificates

Restriction on information provided to certain persons

79

(1) Omit section 93 of the Policing and Crime Act 2009 (which, if commenced, would insert section 112(2A) into the Police Act 1997 requiring copies of certain criminal conviction certificates to be given to employers etc.).

(2) Omit—

(a) section 113A(4) of the Police Act 1997 (requirement to send copy of criminal record certificate to registered person), and

(b) section 113B(5) and (6) of that Act (requirement to give relevant information, and copy of enhanced criminal record certificate to registered person).

(3) After section 120AB of the Police Act 1997 (procedure for certain cancellations or suspensions of registration) insert—

(120AC) (1) The Secretary of State must, in response to a request from a person who is acting as the registered person in relation to an application under section 113A or 113B, inform that person whether or not a certificate has been issued in response to the application. (2) Subsections (3) and (4) apply if, at the time a request is made under subsection (1), a certificate has been issued. (3) In the case of a certificate under section 113A, if it was a certificate stating that there is no relevant matter recorded in central records, the Secretary of State may inform the person who made the request that the certificate was such a certificate. (4) In the case of a certificate under section 113B, if it was a certificate— (a) stating that there is no relevant matter recorded in central records and no information provided in accordance with subsection (4) of that section, and (b) if section 113BA(1) or 113BB(1) applies to the certificate, containing no suitability information indicating that the person to whom the certificate is issued— (i) is barred from regulated activity relating to children or to vulnerable adults, or (ii) is subject to a direction under 128 of the Education and Skills Act 2008 or section 167A of the Education Act 2002, the Secretary of State may inform the person who made the request that the certificate was such a certificate. (5) If no certificate has been issued, the Secretary of State must inform the person who made the request of such other matters relating to the processing of the application as the Secretary of State considers appropriate. (6) Subject to subsections (2) to (4), nothing in this section permits the Secretary of State to inform a person who is acting as the registered person in relation to an application under section 113A or 113B of the content of any certificate issued in response to the application. (7) The Secretary of State may refuse a request under subsection (1) if it is made after the end of a prescribed period beginning with the day on which the certificate was issued. (8) In this section— - “central records” and “relevant matter” have the same meaning as in section 113A, - “suitability information” means information required to be included in a certificate under section 113B by virtue of section 113BA or 113BB. (9) Expressions in subsection (4)(b) and in the Safeguarding Vulnerable Groups Act 2006 have the same meaning in that paragraph as in that Act. (120AD) (1) Subsection (2) applies if— (a) the Secretary of State gives up-date information in relation to a criminal record certificate or enhanced criminal record certificate, (b) the up-date information is advice to apply for a new certificate or (as the case may be) request another person to apply for such a certificate, and (c) the person whose certificate it is in respect of which the up-date information is given applies for a new criminal record certificate or (as the case may be) enhanced criminal record certificate. (2) The Secretary of State must, in response to a request made within the prescribed period by the person who is acting as the registered person in relation to the application, send to that person a copy of any certificate issued in response to the application if the registered person— (a) has counter-signed the application or transmitted it to the Secretary of State under section 113A(2A) or 113B(2A), (b) has informed the Secretary of State that the applicant for the new certificate has not, within such period as may be prescribed, sent a copy of it to a person of such description as may be prescribed, and (c) no prescribed circumstances apply. (3) The power under subsection (2)(b) to prescribe a description of person may be exercised to describe the registered person or any other person. (4) In this section “up-date information” has the same meaning as in section 116A.

Minimum age for applicants for certificates or to be registered

80

(1) In sections 112(1), 113A(1), 113B(1), 114(1) and 116(1) of the Police Act 1997 (applications for certificates), before the word “and” at the end of paragraph (a), insert—

(aa) is aged 16 or over at the time of making the application,

(2) In section 120(4) of that Act (registered persons)—

(a) in paragraph (b)—

(i) after “person” insert “ who is ”, and

(ii) after “enactment” insert “ and who, in the case of an individual, is aged 18 or over ”, and

(b) in paragraph (c) after “individual” insert “ aged 18 or over ”.

Additional grounds for refusing an application to be registered

81

After subsection (3) of section 120AA of the Police Act 1997 (refusal, etc. of registration on grounds not related to disclosure) insert—

(4) Subsection (6) applies if an application is made under section 120 by an individual who— (a) has previously been a registered person; and (b) has been removed from the register (otherwise than at that individual's own request). (5) Subsection (6) also applies if an application is made under section 120 by a body corporate or unincorporate which— (a) has previously been a registered person; and (b) has been removed from the register (otherwise than at its own request). (6) The Secretary of State may refuse the application.

Enhanced criminal record certificates: additional safeguards

82

(1) In subsection (4) of section 113B of the Police Act 1997 (enhanced criminal record certificates: requests by the Secretary of State to chief officers for information)—

(a) for “the chief officer of every relevant police force” substitute “ any relevant chief officer ”,

(b) omit “, in the chief officer's opinion”,

(d) in paragraph (b), at the beginning insert “ in the chief officer's opinion, ”.

(2) After subsection (4) of that section of that Act insert—

(4A) In exercising functions under subsection (4) a relevant chief officer must have regard to any guidance for the time being published by the Secretary of State.

(3) In subsection (9) of that section of that Act—

(a) before the definition of “relevant police force” insert—

“relevant chief officer” means any chief officer of a police force who is identified by the Secretary of State for the purposes of making a request under subsection (4).”, and

(b) omit the definition of “relevant police force”.

(4) After section 117(1) of that Act (disputes about accuracy of certificates) insert—

(1A) Where any person other than the applicant believes that the information contained in a certificate under any of sections 112 to 116 is inaccurate, that person may make an application in writing to the Secretary of State for a decision as to whether or not the information is inaccurate.

(5) After section 117 of that Act insert—

(117A) (1) Subsection (2) applies if a person believes that information provided in accordance with section 113B(4) and included in a certificate under section 113B or 116 — (a) is not relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), or (b) ought not to be included in the certificate. (2) The person may apply in writing to the independent monitor appointed under section 119B for a decision as to whether the information is information which falls within subsection (1)(a) or (b) above. (3) The independent monitor, on receiving such an application, must ask such chief officer of a police force as the independent monitor considers appropriate to review whether the information concerned is information which— (a) the chief officer reasonably believes to be relevant for the purpose described in the statement under section 113B(2) or (as the case may be) 116(2), and (b) in the chief officer's opinion, ought to be included in the certificate. (4) In exercising functions under subsection (3), the chief officer concerned must have regard to any guidance for the time being published under section 113B(4A). (5) If, following a review under subsection (3), the independent monitor considers that any of the information concerned is information which falls within subsection (1)(a) or (b)— (a) the independent monitor must inform the Secretary of State of that fact, and (b) on being so informed, the Secretary of State must issue a new certificate. (6) In issuing such a certificate, the Secretary of State must proceed as if the information which falls within subsection (1)(a) or (b) had not been provided under section 113B(4). (7) In deciding for the purposes of this section whether information is information which falls within subsection (1)(a) or (b), the independent monitor must have regard to any guidance for the time being published under section 113B(4A). (8) Subsections (10) and (11) of section 113B apply for the purposes of this section as they apply for the purposes of that section.

Up-dating and content of certificates

Up-dating certificates

83

After section 116 of the Police Act 1997 (enhanced criminal record certificates: judicial appointments and Crown employment) insert—

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