The Act Commentary on Sections Part 5: Safeguarding vulnerable groups, criminal records etc. Schedule 8: Disclosure and Barring Service
348.Paragraph 1 provides that the DBS shall consist of a chair and other members appointed by the Secretary of State, some of whom are expected to have relevant knowledge or experience of child protection or the protection of vulnerable adults. Before appointing the chair or members of the DBS, the Secretary of State is required to consult the Welsh Ministers and a Northern Ireland Minister. Paragraph 2 provides that an appointment of a member of DBS may not be for more than five years, although reappointment is possible, and sets out the procedures by which an appointed member may resign or may be removed from office. Paragraph 3 makes provision for the remuneration of members.
349.Paragraphs 4 and 5 deal with the appointment and remuneration of the chief executive and other staff to the DBS. By virtue of paragraph 20 the Secretary of State may appoint the first chief executive of the organisation.
350.Paragraphs 6 to 8 enable the DBS to delegate any of its functions to its members, staff, or a committee of members and/or staff and to delegate non-core functions to a person who is neither an appointed member nor a member of staff. For these purposes, ‘core function’ is defined as: decisions about whether somebody should be included in or removed from a barred list; consideration of representations made by an individual under Schedule 3 to the SVGA relating to a decision to include them in a barred list; or any function falling under Part 5 of the 1997 Act which is specified in an order by the Secretary of State. Such an order is subject to the negative resolution procedure.
351.Paragraph 9 requires the DBS, following consultation with the Secretary of State, to publish a business plan at the beginning of each financial year, and paragraph 10 requires it to publish an annual report on the exercise of its functions.
352.Paragraph 11 allows for the Secretary of State to make payments to the DBS and paragraph 12 makes provisions about the annual accounts of the DBS including in respect of the auditing of such accounts by the Comptroller and Auditor General.
353.Paragraph 13 allows the Secretary of State to issue written guidance to the DBS on the exercise of its functions, to which DBS must have regard. Paragraph 14 allows the Secretary of State to issue, vary or revoke written directions to the DBS, to which the DBS must comply in relation to any of its functions, except for decisions about including a person in or removing a person from a barred list, or consideration of representations from a person about their inclusion in such a list.
354.Paragraphs 15 to 19 make supplementary provisions covering the status of DBS as a non-Crown body; its ability to use information obtained in relation to one of its functions for others of its functions; payments made in connection with maladministration; incidental powers; and the authentication of documents to be submitted in evidence.