HL Deb 20 March 1997 vol 579 cc1125-8

72 Clause 103, page 43, line 13, at end insert ("as may be prescribed")

73 Clause 104, page 43, line 22, after ("application(", insert ("under this section")

74 Page 43, line 24, leave out ("the prescribed fee") and insert ("any fee that is payable in relation to the application under regulations made by the Secretary of State")

75 Page 43, leave out lines 25 to 28

76 Page 43, line 31, leave out ("asked by that person")

77 Page 43, line 39, after ("means(", insert ("such")

78 Page 43, line 40, at end insert ("as may be prescribed")

79 After Clause 104, insert the following new clause—

CRIMINAL RECORD CERTIFICATES: CROWN EMPLOYMENT

(.—(1) The Secretary of State shall issue a criminal record certificate to any individual who—

  1. (a) makes an application under this section in the prescribed form, and
  2. (b) pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2) An application under this section must be accompanied by a statement by a Minister of the Crown that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant's suitability for an appointment by or under the Crown.

(3) Section 104(3) to (5) shall apply in relation to this section with any necessary modifications.")

80 Clause 105, page 44, line 9, leave out ("the prescribed fee") and insert ("any fee that is payable in relation to the application under regulations made by the Secretary of State")

81 Page 44, leave out lines 10 to 13

82 Page 44, line 16, leave out ("by that person")

83 Page 44, line 30, after ("consent(", insert (", or a licence,")

84 Page 44, line 36, at end insert—

("() registration under section 71 of the Children Act 1989 or Article 118 of the Children (Northern Ireland) Order 1995 (child minding and day care).")

85 Page 44, line 36, at end insert—

("() the placing of children with foster parents in accordance with any provision of, or made by virtue of, the Children Act 1989 or the Children (Northern Ireland) Order 1995 or the exercise of any duty under or by virtue of section 67 of that Act or Article 108 of that Order (welfare of privately fostered children);

() the approval of any person as a foster carer by virtue of section 5(2), (3) and (4) of the Social Work (Scotland) Act 1968, the exercise by a local authority of their functions under the Foster Children (Scotland) Act 1984 or the placing of children with foster parents by virtue of section 70 of the Children (Scotland) Act 1995 (disposal of referral by children's hearing).")

86 Page 44, line 42, leave out ("(4)") and insert ("(7)")

87 After Clause 105, insert the following new clause—

ENHANCED CRIMINAL RECORD CERTIFICATES: JUDICIAL APPOINTMENTS AND CROWN EMPLOYMENT

(".—(1) The Secretary of State shall issue an enhanced criminal record certificate to any individual who—

  1. (a) makes an application under this section in the prescribed form. and
  2. (b) pays any fee that is payable in relation to the application under regulations made by the Secretary of State.

(2) An application under this section must be accompanied by a statement by a Minister of the Crown, or a person nominated by a Minister of the Crown, that the certificate is required for the purposes of an exempted question asked in the course of considering the applicant's suitability for—

  1. (a) a judicial appointment, or
  2. (b) an appointment by or under the Crown to a position to which subsection (3) or (4) of clause 105 applies.

(3) Section 105(6) to (10) shall apply in relation to this section with any necessary modifications.")

88 Leave out Clause 106

89 Clause 110, page 46, line 30, leave out subsection (2) and insert—

("(2) Subject to regulations under subsection (2A), the Secretary of State shall include in the register any person who applies to him in writing to be registered and satisfies the conditions in subsections (3) to (4A).

(2A) The Secretary of State may make regulations about the maintenance of the register; and regulations may, in particular, provide for—

  1. (a) the information to be included in the register,
  2. (b) the removal from the register of persons who are, in the opinion of the Secretary of State, no longer likely to wish to countersign applications under section 104 or 105, and
  3. (c) the payment of fees.")

90 Page 46, line 35, leave out second ("or")

91 Page 46, line 36, at end insert—

(", or

(c) an individual who employs others in the course of a business.")

92 Page 46, line 37, leave out subsection (4) and insert—

("(4) A body applying for registration under this section must satisfy the Secretary of State that it—

  1. (a) is likely to ask exempted questions, or
  2. (b) is likely to countersign applications under section 104 or 105 at the request of bodies or individuals asking exempted questions.

(4A) A person, other than a body, applying for registration under this section must satisfy the Secretary of State that he is likely to ask exempted questions.")

93 Clause 111, page 47, line 3, after ("section' insert ("(Criminal record certificates: Crown employment)(2),")

94 Page 47, line 3, at end insert ("(Enhanced criminal record certificates: judicial appointments and Crown employment)(2),")

95 Clause 112, page 47, line 12, leave out ("bodies") and insert ("persons")

96 Page 47, line 15, leave out subsection (3) and insert—

("(3) The Secretary of State may refuse to issue a certificate under section 104 or 105 if he believes that the registered person who countersigned the application—

  1. (a) has failed to comply with the code of practice under this section, or
  2. (b) countersigned at the request of a body which, or individual who, has failed to comply with the code of practice.")

Baroness Blatch

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 72 to 96.

Moved, That the House do agree with the Commons in their Amendments Nos. 72 to 96.—(Baroness Blatch.)

On Question, Motion agreed to.