Barring process: England and Wales

‘(1) Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (barred lists) is amended as follows.

(2) In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.”

(3) In paragraph 2 (inclusion in children’s barred list subject to consideration of representations) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must—

(a) include the person in the children’s barred list, and

(b) give the person an opportunity to make representations as to why the person should be removed from the children’s barred list.”

(4) In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.”

(5) In paragraph 8 (inclusion in adults’ barred list subject to consideration of representations) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must—

(a) include the person in the adults’ barred list, and

(b) give the person an opportunity to make representations as to why the person should be removed from the adults’ barred list.”

(6) In paragraph 24(8) (Secretary of State to examine records of convictions or cautions from time to time) for “whether the criteria apply to an individual” substitute “whether there is reason to believe that the criteria might apply to an individual”.’.—(Mr. Campbell.)

This amendment adjusts the procedure for automatic barring so that it is the IBB that must be satisfied that a person has met prescribed criteria before the IBB is required to bar the person and makes a consequential change to the duty on the Secretary of State to check records.

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