moved Amendment No. 133:
"After Clause 27, insert the following new clause—"
““PERSONNEL SUPPLIERS: DUTY TO REFER
(1) A personnel supplier must provide IBB with any prescribed information it holds in relation to a person (P) who has been supplied by it to another person if the supplier knows that P has ceased to be engaged in regulated activity or controlled activity in the circumstances mentioned in subsection (2)(a) or (b) of section 27.
(2) A personnel supplier which is an employment agency or employment business must provide IBB with any prescribed information it holds in relation to a person (P) for whom it acts if—
(a) the agency or business determines to cease to act for P for a reason mentioned in subsection (4), or
(b) it does not determine to cease to act for P for such a reason but would or might have done so if its arrangement with, or employment of, him had not otherwise come to an end.
(3) A personnel supplier which is an educational institution must provide IBB with any prescribed information it holds in relation to a student (P) following a course at the institution if—
(a) the institution determines to cease to supply P to another person for him to engage in regulated or controlled activity for a reason mentioned in subsection (4),
(b) the institution determines that P should cease to follow a course at the institution for a reason mentioned in subsection (4), or
(c) it does not determine as mentioned in paragraph (a) or (b) for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course.
(4) The reasons are that the personnel supplier thinks—
(a) that paragraph 1, 2, 6 or 7 of Schedule 2 applies to P,
(b) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 9 of Schedule 2), or
(c) that the harm test is satisfied.
(5) The harm test is that P may—
(a) harm a child or vulnerable adult,
(b) cause a child or vulnerable adult to be harmed,
(c) put a child or vulnerable adult at risk of harm,
(d) attempt to harm a child or vulnerable adult, or
(e) incite another to harm a child or vulnerable adult.
(6) An employment agency acts for a person if it makes arrangements with him with a view to—
(a) finding him employment with an employer, or
(b) supplying him to employers for employment by them.
(7) An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity.
(8) In this section ““employment”” has the same meaning as in the Employment Agencies Act 1973 (c. 35).
(9) This section does not apply if the conditions specified in subsection (1), (2) or (3) are fulfilled before the section is commenced.””
On Question, amendment agreed to.
Clause 28 [Regulated activity providers: duty to provide information on request]:
Safeguarding Vulnerable Groups Bill [HL]
Proceeding contribution from
Lord Adonis
(Labour)
in the House of Lords on Wednesday, 3 May 2006.
It occurred during Debate on bills
and
Committee proceeding on Safeguarding Vulnerable Groups Bill [HL].
Type
Proceeding contribution
Reference
681 c268-9GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Librarians' tools
Timestamp
2024-04-22 02:16:05 +0100
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