SECTION 31 – MEANING OF RELEVANT INFORMATION IN SECTION 30
This section is described as follows by the official Explanatory Notes to the Act:
“This section provides for the information which will be released by the Secretary of State under section 30. The "relevant information" will indicate the individual's status in the scheme to the applicant by showing whether the individual is subject to monitoring (under section 24) and, if so, whether the individual is undergoing assessment. In general terms, an individual is undergoing assessment if the Secretary of State has not yet completed checks and gathering of information carried out on receipt of an application to be subject to monitoring, or if the individual is being considered for barring by the IBB.”
SECTION 32 – NOTIFICATION OF CESSATION OF MONITORING
This section aims to ensure that childcare workers cannot keep secret from their employers the fact that they have become barred from working with children.
A person may become barred from working with children whilst s/he is still employed with children. This section ensures that the employer will know about this. For example, a person might become convicted of an offence against a child and not notify his/her employer of this. If the person is then barred, an employer who is registered under this Act will be informed that the person is no longer subject to monitoring. At this point, section 10 of the Act would kick in: that section prohibits an employer from employing a person to do regulated activity if s/he is not subject to monitoring in relation to that activity.
This section is described as follows by the official Explanatory Notes to the Act:
“This section provides for a system for a person to register an interest to be notified if an individual ceases to be subject to monitoring. All those eligible to make checks will be able to register to be notified if the individual ceases to be subject to monitoring (in relation to regulated activity relating to children, vulnerable adults or both) by making an application in the prescribed form which includes an appropriate declaration. This declaration will be similar to the declaration in section 30 and will also state that the applicant has the individual's consent. If the individual has given consent to a section 30 check, then that consent is valid for the purposes of this section.
The Secretary of State will be under a duty to notify all those with a registered interest in an individual when that individual ceases to be subject to monitoring in relation to the regulated activity in respect of which the interest was registered. The person who registered the interest will then be able to take action to find out why the individual is no longer monitored and to prevent them engaging in regulated or controlled activity, if that is appropriate.”
SECTION 33 – CESSATION OF REGISTRATION
This section is described as follows by the official Explanatory Notes to the Act:
“This section provides that registration must cease once the Secretary of State has notified the person that the individual is no longer monitored or when the person who registered their interest requests that it ceases. The individual may also request that registration cease in prescribed circumstances [set out in Regulations].”
SECTION 34 – DECLARATIONS UNDER SECTIONS 30 AND 32
This section is described as follows by the official Explanatory Notes to the Act:
“This section makes it an offence to make a false declaration under sections 30 and 32. This offence is intended to deter people from trying to access private information about an individual when they are not entitled to that information under the Vetting and Barring Scheme.”
The maximum penalty for commission of an offence under this section is £5,000.
SECTION 35 – REGULATED ACTIVITY PROVIDERS: DUTY TO REFER
This is an information-gathering provision. It requires childcare providers, for example, to refer to the ISA for potential inclusion on a barred list individuals whom the have dismissed for having harmed a child.
Information to accompany a referral
The Government propose that regulations require the following information to be provided with a referral:
The Government also say that “we will work with interested parties, including local authorities, the police, regulatory bodies and employers groups to issue guidance and develop a process which is clear, transparent and user-friendly” and “we intend to develop a standard, downloadable pro-forma, available from the ISA website that will detail the range of information that must be referred if held.”
Explanatory Notes
This section is described as follows by the official Explanatory Notes to the Act:
“This section relates to referrals of information from employers to the IBB. It sets out the circumstances in which a regulated activity provider and a responsible person (within the meaning of section 23) must provide the IBB with prescribed information about an individual. These are that:
a.the provider or other person withdraws permission for the individual to engage in a regulated or controlled activity (for example an employer dismisses an employee); and
b.the permission is withdrawn for one of the specified reasons e.g. that the provider or other person thinks that any of the criteria specified in Schedule 3 for inclusion in a barred list applies.
The duty also applies if the provider or other person would or might have withdrawn permission if the individual had not otherwise stopped being engaged in the regulated activity (for example because the employee resigned before he could be dismissed).”
Guidance etc
The Independent Safeguarding Authority have produced a factsheet about the duty to refer. It is available at www.isa-gov.org.uk/PDF/283896_ISA_A4_FactSheetNo5.pdf.
Regulations made under this section
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 (S.I. 2008/3265) are available here
SECTION 36 – PERSONNEL SUPPLIERS: DUTY TO REFER
This section is described as follows by the official Explanatory Notes to the Act:
“This section sets out the circumstances in which a personnel supplier must provide the IBB with prescribed information about an individual. The first of these circumstances is where the personnel supplier knows that the individual has ceased to be engaged in regulated or controlled activity in the circumstances set out in section 35. The second set of circumstances is that:
a.the personnel supplier decides to stop supplying the individual for regulated or controlled activity or, in the case of an educational institution, decides that the individual should cease to follow a course at the institution; and
b.it does this for one of the specified reason e.g. the reason for the decision is that the personnel supplier thinks that the individual satisfies any of the criteria specified in Schedule 3 for inclusion in a barred list.
Personnel suppliers are employment agencies and businesses, and educational institutions that supply individuals for regulated or controlled activity, such as teacher training colleges.”
The information to be provided on a referral will be set out in regulations (see above).
Regulations made under this section
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 (S.I. 2008/3265) are available here
SECTION 37 – REGULATED ACTIVITY PROVIDERS: DUTY TO PROVIDE INFORMATION ON REQUEST ETC.
This section permits the ISA to require various persons, such as regulated activity providers, to supply information relevant to the ISA’s decision as to whether to include a person on a barred list, or to remove a person from such a list. The information that may be so required is set out in regulations
Regulations made under this section
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 (S.I. 2008/3265) are available here
SECTION 38 – DUTY TO PROVIDE INFORMATION: OFFENCES
This section makes it an offence not to comply with the duties in section 35, 36 or 37. The maximum penalty for commission of an offence is £5,000.
SECTION 39 – LOCAL AUTHORITIES: DUTY TO REFER
This section is described as follows by the official Explanatory Notes to the Act:
“This section sets out the circumstances in which local authorities must provide the ISA with prescribed information [to be set out in regulations] about an individual. Broadly, these circumstances are that the local authority thinks that:
a.an individual satisfies any of the criteria under which he could be barred or considered for barring under Schedule 3,
b.the individual is engaged or may engage in a regulated or controlled activity, and
c.the IBB may consider it appropriate for the individual to be included in a barred list.”
The information to be provided on a referral will be set out in regulations.
Regulations made under this section
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 (S.I. 2008/3265) are available at here
SECTION 40 – LOCAL AUTHORITIES: DUTY TO PROVIDE INFORMATION ON REQUEST
This section permits the ISA to require a local authority to supply information relevant to the ISA’s decision as to whether to include a person on a barred list, or to remove a person from such a list.
The information that may be required is set out in Regulations.
Regulations made under this section
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 (S.I. 2008/3265) are available here