The Protection of Freedoms Act has now passed Royal Assent and will come into force on the 9th May 2012.
Part 5 will be particular interest to falsely accused carers and teachers.
- Chapters 1 and 2 amends the Safeguarding Vulnerable Groups Act 2006 and Police Act 1997 with regards to carers and Criminal Records Bureau checks. The Bill also proposes removing the Controlled Activity and Monitoring sections from the Safeguarding of Vulnerable Groups Act.
- Chapter 3 creates a new body corporate to be known as the “Disclosure and Barring Service”, which would adopt some functions currently held by the Independent Safeguarding Authority
Please note that some sections of the Act will not come into force immediately. For a full explanation see here
PART 5: SAFEGUARDING VULNERABLE GROUPS, CRIMINAL RECORDS ETC.
CHAPTER 1
SAFEGUARDING OF VULNERABLE GROUPS
Restrictions on scope of regulation: England and Wales
Sections:
64 Restriction of scope of regulated activities: children
65 Restriction of definition of vulnerable adults
66 Restriction of scope of regulated activities: vulnerable adults
67 Alteration of test for barring decisions
Abolition of other areas of regulation: England and Wales
68 Abolition of controlled activity
69 Abolition of monitoring
Main amendments relating to new arrangements: England and Wales
70 Information for purposes of making barring decisions
71 Review of barring decisions
72 Information about barring decisions
73 Duty to check whether person barred
74 Restrictions on duplication with Scottish and Northern Ireland barred lists
Other amendments relating to new arrangements: England and Wales
75 Professional bodies
76 Supervisory authorities
77 Minor amendments
Corresponding amendments relating to Northern Ireland
78 Corresponding amendments in relation to Northern Ireland
CHAPTER 2
CRIMINAL RECORDS
Safeguards in relation to certificates
79 Restriction on information provided to certain persons
80 Minimum age for applicants for certificates or to be registered
81 Additional grounds for refusing an application to be registered
82 Enhanced criminal record certificates: additional safeguards
Up-dating and content of certificates
83 Up-dating certificates
84 Criminal conviction certificates: conditional cautions
Other
85 Inclusion of cautions etc. in national police records
86 Out of date references to certificates of criminal records
CHAPTER 3
THE DISCLOSURE AND BARRING SERVICE
General
87 Formation and constitution of DBS
88 Transfer of functions to DBS and dissolution of ISASupplementary
89 Orders under section 88
90 Transfer schemes in connection with orders under section 88
91 Tax in connection with transfer schemes
CHAPTER 4
DISREGARDING CERTAIN CONVICTIONS FOR BUGGERY ETC.
General
92 Power of Secretary of State to disregard convictions or cautions
93 Applications to the Secretary of State
94 Procedure for decisions by the Secretary of State
Effect of disregard
95 Effect of disregard on police and other records
96 Effect of disregard for disclosure and other purposes
97 Saving for Royal pardons etc.
98 Section 96 : supplementary
Appeals and other supplementary provision
99 Appeal against refusal to disregard convictions or cautions
100 Advisers
101 Interpretation: Chapter 4
See also Appendices
Appendix 7, 8 and 9 (parts 6.7,8) and Appendix 10 (part 5 and 6)
Download full text of the ACT here
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