New Clause 27

– in a Public Bill Committee at 1:45 pm on 26th February 2009.

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Notification of proposal to include person in barred list: England and Wales

‘(1) The Safeguarding Vulnerable Groups Act 2006 (c. 47) is amended as follows.

(2) After section 34 insert—

“34A Notification of proposal to include person in children’s barred list

(1) If ISA proposes to include a person (B) in the children’s barred list in the circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 3, it—

(a) must notify any person who is registered in relation to B under section 32 in relation to regulated activity relating to children, and

(b) may notify any other person who it is satisfied falls within subsection (2).

(2) The following fall within this subsection—

(a) any person who is permitting B to engage in regulated activity relating to children,

(b) any responsible person (within the meaning of section 23) who is permitting B to engage in controlled activity relating to children.

(3) A notification under this section must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under subsection (1)(a) is satisfied if notification is sent to any address recorded against that person’s name in the register.

34B Notification of proposal to include person in adults’ barred list

(1) If ISA proposes to include a person (B) in the adults’ barred list in the circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 3, it—

(a) must notify any person who is registered in relation to B under section 32 in relation to regulated activity relating to vulnerable adults, and

(b) may notify any other person who it is satisfied falls within subsection (2).

(2) The following fall within this subsection—

(a) any person who is permitting B to engage in regulated activity relating to vulnerable adults,

(b) any responsible person (within the meaning of section 23) who is permitting B to engage in controlled activity relating to vulnerable adults.

(3) A notification under this section must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under subsection (1)(a) is satisfied if notification is sent to any address recorded against that person’s name in the register.

34C Sections 34A and 34B: notification of outcome

(1) Subsection (2) applies if ISA—

(a) has notified a person (A) under section 34A or 34B that it proposes to include another (B) in a barred list, and

(b) includes B in the barred list or decides not to do so.

(2) ISA must notify A that it has included B in the barred list or that it has decided not to do so (as the case may be).

(3) In a case where A is registered in relation to B under section 32 (or has ceased to be so registered by virtue of B’s inclusion in the barred list), the requirement in subsection (2) is satisfied if notification is sent to any address recorded (or, as the case may be, formerly recorded) against A’s name in the register.”

(3) In section 31 (vetting information)—

(a) in subsections (2) and (3), omit paragraph (b) and the “, and” immediately before it, and

(b) omit subsections (4) and (5).’.—(Mr. Campbell.)

This amendment requires the IBB to notify any registered party, and empowers the IBB to notify anyone else whom it is satisfied is an interested party, with reasons, when it proposes to bar someone from working with children or vulnerable adults. A further notification must give the IBB’s final decision.

Brought up, read the First and Second time, and added to the Bill.