Part 5Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1Safeguarding of vulnerable groups

Other amendments relating to new arrangements: England and Wales

76Supervisory authorities

I11

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 ”,

c

in subsection (5) omit “prescribed”,

d

omit subsection (6), and

e

in the heading for “duty” substitute “ power ”.

I12

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 ”,

c

in subsection (2) omit paragraphs (b) to (e),

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) ”,

c

after subsection (2) insert—

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after “withdrawn if” insert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).

I1f

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) ”,

c

after subsection (2) insert—

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).

I1f

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

I15

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

c

after subsection (3) insert—

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.