SCHEDULES
SCHEDULE 9Consequential amendments
C3C1C2Part 6Safeguarding of vulnerable groups
Sch. 9 Pt. 6 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 (S.I. 2012/2591), arts. 1(2)(3), 4(1)(3), Sch. 2 (with art. 5)
Sch. 9 Pt. 6 extended (Isle of Man) (with modifications) (with effect in accordance with art. 1(3)(4) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (S.I. 2012/2598), arts. 1(2), 4(2), Sch. 2
Police Act 1997
I835
The Police Act 1997 is amended as follows.
I3836
In section 113A (criminal record certificates) omit subsection (10).
I2437
In section 113B (enhanced criminal record certificates) omit subsection (13).
I2638
In section 113BA(2) (suitability information relating to children) omit paragraphs (b) to (d).
I2239
In section 113BB(2) (suitability information relating to vulnerable adults) omit paragraphs (b) to (d).
I2840
1
Section 119 (sources of information) is amended as follows.
2
In subsection (2) omit “or for the purposes of section 24 of the Safeguarding Vulnerable Groups Act 2006”.
3
In subsection (8)—
a
omit paragraph (c), and
b
in paragraph (d) for “that Act” substitute “
the Safeguarding Vulnerable Groups Act 2006
”
.
I3541
In section 119B(5) (independent monitor) omit paragraphs (d) and (e).
I2542
1
Section 120A (refusal and cancellation of registration on grounds related to disclosure) is amended as follows.
2
In subsection (3A) omit paragraphs (b) and (c).
3
Omit subsections (3B) and (3C).
4
In subsection (3D)—
a
for “subsections (3A) to (3C)” substitute “
subsection (3A)
”
,
b
for “those subsections” substitute “
that subsection
”
, and
c
omit the words from “, except” to the end of the subsection.
Safeguarding Vulnerable Groups Act 2006
I443
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
I1144
In section 4(1) (appeals)—
a
omit paragraph (a),
b
in paragraph (b)—
i
after “paragraph” insert “
2,
”
,
ii
after “5,” insert “
8,
”
, and
iii
for “that Schedule” substitute “
Schedule 3
”
, and
c
in paragraph (c) for “or 18” substitute “
, 18 or 18A
”
.
I145
In section 5(4) (regulated activity)—
a
omit “section 10(3);”, and
b
omit “paragraph 4 of Schedule 6”.
I746
In section 6(8) (regulated activity providers)—
a
in paragraph (a), for “paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or 8(1)(a), (d) or (e)” substitute “
paragraph 1(9) or 7(9)
”
,
b
omit paragraph (c), and
c
in paragraph (d)—
i
for “paragraph (a), (b) or (f) of section 59(10)” substitute “
paragraph 7(3E)(a) or (b) of Schedule 4
”
, and
ii
for “mentioned in that paragraph” substitute “
exercisable by virtue of that position
”
.
I4847
In section 7(5) (barred person not to engage in regulated activity) omit paragraphs (b) and (c).
I6248
Omit section 8 (person not to engage in regulated activity unless subject to monitoring).
I6849
In section 9(5) (use of barred person for regulated activity) omit paragraphs (b) and (c).
I2050
Omit section 10 (use of person not subject to monitoring for regulated activity).
I1651
Omit section 11 and Schedule 5 (regulated activity provider: failure to check).
I1452
Omit section 12 and Schedule 6 (personnel suppliers: failure to check).
I5853
Omit section 13 (educational establishments: check on members of governing body).
I1854
Omit section 14 (office holders: offences).
I2955
Omit section 15 (sections 13 and 14: checks).
I4956
Omit section 16 (exception to requirement to make monitoring check).
I4557
Omit section 17 (NHS employment).
I6158
1
Section 18 (offences: companies etc.) is amended as follows.
2
In subsection (1)—
a
omit “, 10, 11, 23, 27”, and
b
omit “or Schedule 6”.
3
In subsection (2)—
a
omit “, 10, 11, 23, 27”, and
b
omit “or Schedule 6”.
I5359
1
Section 19 (offences: other persons) is amended as follows.
2
Omit subsection (1).
3
Omit subsections (3) and (4).
4
Omit subsections (6) and (7).
5
In subsection (8)—
a
for “subsections (2)(b) and (3)(b)” substitute “
subsection (2)(b)
”
, and
b
omit paragraphs (b) and (c).
6
Omit subsection (9).
I1260
In section 20 (section 19: exclusions and defences) omit subsections (2) to (7).
I1561
In section 35 (regulated activity providers: duty to refer)—
a
in subsection (1), omit paragraph (b), and
b
omit subsection (6).
I4762
1
Section 36 (personnel suppliers: duty to refer) is amended as follows.
2
In subsection (1) omit “or controlled activity”.
3
In subsection (3)(a) omit “or controlled”.
I963
1
Section 37 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
2
In subsection (2)—
a
omit paragraph (b), and
b
in paragraph (d), omit “or controlled”.
3
In subsection (4) omit “or controlled”.
4
In subsection (5) omit “or controlled”.
I5764
In section 41(7) (registers: duty to refer), in the table, in column 1 of entry 3 for “Either of” substitute “
Any of
”
.
I265
1
Section 50A (provision of information to the police) is amended as follows.
2
In subsection (2) for “power conferred by subsection (1) does” substitute “
powers conferred by this section do
”
.
3
In subsection (3) for “subsection (1)” substitute “
this section
”
.
4
In the heading to section 50A, and in the italic cross-heading before it, after “police” insert “
etc.
”
.
I4366
In section 51(5) (Crown application) omit paragraph (b).
I6767
1
Section 54 (devolution: alignment) is amended as follows.
2
In subsection (2) omit paragraph (a).
3
In subsection (3) omit paragraph (b) (but not the word “or” at the end of it).
4
In subsection (4) omit paragraph (b) (but not the word “or” at the end of it).
5
Omit subsection (5).
68
I171
Section 56 (devolution: Wales) is amended as follows.
I172
Omit subsection (1).
I173
In subsection (2)—
a
in paragraph (a) for “45(1), (5) or (9)” substitute “
45(9)
”
,
b
omit paragraph (c), and
c
in paragraphs (d) and (e), omit “or (8)”.
4
In subsection (3)—
I17a
omit paragraphs (b) to (f),
b
after paragraph (f) insert—
fa
section 34ZA(7),
I17c
omit paragraph (j),
I17d
in paragraph (l) for “41(1), (5) or (8)” substitute “
41(8)
”
,
I17e
omit paragraph (n),
I17f
in paragraph (r) for “7(1)(f)” substitute “
7(1)(f) or (g)
”
, and
I17g
omit paragraphs (s) and (t).
I3469
In section 57(1)(c) (damages) omit “prescribed”.
I6670
1
Section 60 (interpretation) is amended as follows.
2
In subsection (1), in paragraph (b) of the definition of “personnel supplier”, omit “or controlled”.
3
Omit subsection (3).
I3971
In section 61(3) (orders and regulations)—
a
omit paragraphs (b) to (e),
b
at the end of paragraph (h) insert “
or
”
, and
c
omit paragraph (j) and the word “or” before it.
I2772
1
Schedule 3 (barred lists) is amended as follows.
2
In paragraph 24, omit sub-paragraphs (8) and (9).
3
In paragraph 25(1) after “will” insert “
or (as the case may be) may
”
.
I3773
1
Schedule 7 (vetting information) is amended as follows.
2
In paragraph 1—
a
for “sections 30 and 32” substitute “
sections 30A and 30B
”
, and
b
omit entries 3, 4, 7, 8 and 17 in the table.
3
Omit paragraph 3(3).
4
In the heading to the Schedule for “VETTING INFORMATION” substitute “
BARRING INFORMATION
”
.
I3174
In Schedule 8 (transitional provisions) omit paragraph 5.
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
I6475
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.
I5676
1
Article 2 (interpretation) is amended as follows.
2
In the first paragraph (2)—
a
omit the definition of “institution of further education”, and
b
in the definition of “personnel supplier”, in sub-paragraph (b), omit “or controlled”.
3
Renumber the second paragraph (2) as paragraph (2A).
4
Omit paragraph (3).
I1077
In Article 8(1) (appeals)—
a
omit sub-paragraph (a),
b
in sub-paragraph (b)—
i
after “paragraph” insert “
2,
”
,
ii
after “5,” insert “
8,
”
, and
iii
for “that Schedule” substitute “
Schedule 1
”
, and
c
in sub-paragraph (c) for “or 18” substitute “
, 18 or 18A
”
.
I6978
In Article 9(4) (regulated activity), omit sub-paragraphs (c) and (e).
I3379
In Article 10(8) (regulated activity providers)—
a
omit sub-paragraphs (a) and (c), and
b
in sub-paragraph (d)—
i
for “sub-paragraph (a) or (c) of Article 3(10)” substitute “
paragraph 7(3E)(a) or (c) of Schedule 2
”
, and
ii
for “mentioned in that paragraph” substitute “
exercisable by virtue of that position
”
.
I3280
In Article 11(5) (barred person not to engage in regulated activity) omit sub-paragraphs (b) and (c).
I4481
Omit Article 12 (person not to engage in regulated activity unless subject to monitoring).
I4282
In Article 13(5) (use of barred person for regulated activity) omit sub-paragraphs (b) and (c).
I4183
Omit Article 14 (use of person not subject to monitoring for regulated activity).
I4084
Omit Article 15 and Schedule 3 (regulated activity provider: failure to check).
I5085
Omit Article 16 and Schedule 4 (personnel suppliers: failure to check).
I6086
Omit Article 17 (educational establishments: check on members of governing body).
I2187
Omit Article 18 (office holders: offences).
I5188
Omit Article 19 (Articles 17 and 18: checks).
I589
Omit Article 20 (exception to requirement to make monitoring check).
I6590
Omit Article 21 (HSS employment).
I5591
1
Article 22 (offences: companies etc.) is amended as follows.
2
In paragraph (1)—
a
omit “, 14, 15, 27, 31”, and
b
omit “or Schedule 4”.
3
In paragraph (2)—
a
omit “, 14, 15, 27, 31”, and
b
omit “or Schedule 4”.
I392
1
Article 23 (offences: other persons) is amended as follows.
2
Omit paragraph (1).
3
Omit paragraphs (3) and (4).
4
Omit paragraphs (6) and (7).
5
In paragraph (8)—
a
for “paragraphs (2)(b) and (3)(b)” substitute “
paragraph (2)(b)
”
, and
b
omit sub-paragraphs (b) and (c).
6
Omit paragraph (9).
I1993
In Article 24 (Article 23: exclusions and defences), omit paragraphs (2) to (7).
I3094
In Article 37 (regulated activity providers: duty to refer)—
a
in paragraph (1), omit sub-paragraph (b), and
b
omit paragraph (6).
I3695
1
Article 38 (personnel suppliers: duty to refer) is amended as follows.
2
In paragraph (1) omit “or controlled activity”.
3
In paragraph (3)(a) omit “or controlled”.
I5296
1
Article 39 (regulated activity providers: duty to provide information on request etc.) is amended as follows.
2
In paragraph (2)—
a
omit sub-paragraph (b), and
b
in sub-paragraph (d), omit “or controlled”.
3
In paragraph (4) omit “or controlled”.
4
In paragraph (5) omit “or controlled”.
I5997
1
Article 52A (provision of information to the police) is amended as follows.
2
In paragraph (2) for “power conferred by paragraph (1) does” substitute “
powers conferred by this Article do
”
.
3
In the heading to Article 52A, after “Police”, insert “
etc.
”
.
I698
In Article 53(5) (Crown application), omit sub-paragraph (b).
I1399
1
Article 56 (alignment with rest of UK) is amended as follows.
2
In paragraph (2) omit sub-paragraph (a).
3
In paragraph (3) omit sub-paragraph (b) (but not the word “or” at the end of it).
4
In paragraph (4) omit sub-paragraph (b) (but not the word “or” at the end of it).
5
Omit paragraph (5).
I46100
In Article 57(1)(c) (damages) omit “prescribed”.
I23101
1
Schedule 1 (barred lists) is amended as follows.
2
In paragraph 24, omit sub-paragraphs (8) and (9).
3
In paragraph 25(1) after “will” insert “or (as the case may be) “
may
”
.
I63102
1
Schedule 5 (vetting information) is amended as follows.
2
In paragraph 1—
a
for “Articles 32 and 34” substitute “
Articles 32A and 32B
”
, and
b
omit entries 3, 4, 7, 8 and 17 in the table.
3
Omit paragraph 3(3).
4
In the heading to the Schedule for “VETTING INFORMATION” substitute “
BARRING INFORMATION
”
.
I54103
In Schedule 6 (transitional provisions) omit paragraph 5.
Sch. 9 Pt. 6 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(2)(3) of the amending S.I.) by The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 (S.I. 2012/1762), art. 4(3), Sch. 2