Commentary on Sections and Schedules Schedule 1: Independent Barring Board
22.This Schedule makes provision regarding the IBB. The IBB has core functions of determining whether to include an individual in a barred list, determining whether to remove an individual from a barred list and considering representations made under Schedule 3. These functions cannot be delegated outside the IBB, but can be delegated internally to allow the IBB’s workload to be managed effectively. The IBB can delegate its non-core functions, such as administrative functions, to persons outside the IBB, for example to the CRB.
23.Schedule 1 provides for the IBB’s membership and staffing arrangements. The Secretary of State will appoint the chairman and members, and the IBB will recruit its own staff. The IBB must publish an annual report on the exercise of its functions, and the Secretary of State can also direct the IBB to submit a report to him on the exercise of any of its functions. The IBB’s annual accounts are to be audited by the Comptroller and Auditor General and laid before Parliament.
24.Schedule 1 also provides for the IBB to be funded by the Secretary of State. Income from those applying to be monitored will be received by the Secretary of State (see sections 24) and a mechanism for funding the IBB on the basis of this income will be put in place.
Section 2: Barred lists
25.This section provides that the IBB must establish and maintain two barred lists – a children’s barred list and an adults’ barred list. Schedule 3 makes provision regarding inclusion in the barred lists.