Schedule 9: Amendments
163.Paragraph 1 amends the Children Act 1989 so that regulations may prescribe that a person who appears on the children’s barred list may not be registered as a childminder or daycare provider.
164.Paragraph 3 repeals the duty on the General Teaching Council for England to respond to requests for advice from the Secretary of State. This provision was required so that the GTC could advise the Secretary of State on professional misconduct cases in relation to List 99. List 99 is repealed under this Act so this advice is no longer required.
165.Paragraph 4 amends the Teaching and Higher Education Act 1998 so that a person who appears on the children’s barred list may not register as a teacher with the General Teaching Councils for England and Wales.
166.Paragraphs 5 and 6 amend the duties in the Teaching and Higher Education Act 1998 to refer information to the General Teaching Councils for England and Wales. These changes reflect that sections 142 to 144 of the Education Act 2002 (which provided for “List 99” directions) are being repealed by this Act and that references to sections 142 to 144 must therefore be removed from the Teaching and Higher Education Act 1998.
167.Paragraph 8 repeals the duty on the Secretary of State to keep the list under the Protection of Children Act 1999 (the “POCA list”). This list is superseded by the children’s barred list set up under this Act.
168.Paragraph 9 repeals the duty on the Secretary of State to keep the protection of vulnerable adults (POVA) list. This list is superseded by the adults’ barred list set up under this Act.
169.Paragraph 10 amends the Childcare Act 2006 so that regulations may prescribe that a person who appears on the children’s barred list may not be registered as a childminder or daycare provider.
170.Paragraphs 11 and 13 amend the Police Pensions Act 1976 and the Police Act 1996 so that a member of the police force may continue to be part of the police pension scheme while on secondment to the IBB.
171.Paragraph 14 amends the Police Act 1997. The amendments made by subparagraph (2) enable the Secretary of State to amend the existing definitions of “central records” and “relevant matter” which comprise the information routinely disclosed on standard criminal record certificates and enhanced criminal record certificates. This will enable the Secretary of State to provide for the routine disclosure of various additional types of information that have become available to the prosecuting and judicial authorities since the original definitions in the Police Act were enacted.
172.Subparagraph (3) amends section 113B of the Police Act to make clear that an enhanced criminal record certificate can only be applied for if, in addition to meeting such other qualifying criteria as may be prescribed, the position, employment or licensing application in question is included within those listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.
173.Subparagraph (4) introduces three new sections into the Police Act to provide for enhanced criminal record certificates issued under Part 5 of the Police Act to include ‘suitability information’ relating to children or to vulnerable adults. This includes information as to: whether a person is barred and such details as are prescribed of the circumstances surrounding that fact; whether a person is subject to monitoring and/or whether the IBB is considering whether the include the person in the barred list.
174.Subparagraph (7) amends section 119 of the Police Act to require those who hold records of convictions and cautions for police forces to make these available to the Secretary of State, and to require chief officers of police to supply the Secretary of State with relevant information in response to requests made by the Secretary of State in relation to his functions under this Act. This enables the Secretary of State to perform his monitoring functions under section 24.
175.Paragraph 15 amends section 56 the Data Protection Act 1998. The result of the amendment is that it is a criminal offence to require a person to produce a record of information that the person has obtained through a subject access request to the Secretary of State or the IBB (with regard to their functions under the SVG Act), where the requirement is in connection with the employment of the person or the provision of goods, facilities or services to the person.
176.Paragraph 16 amends section 58 of the Care Standards Act 2000 in order to permit the General Social Care Council, or the Care Council for Wales to have regard to the fact that a person is included in a barred list when deciding whether a person is of good character for the purposes of registration with either Council.