The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/3006 |
2012 No. 3006
Children And Young Persons, England and wales
Children And Young Persons, Northern ireland
Police, England And Wales
Protection Of Vulnerable Adults, England and wales
Protection Of Vulnerable Adults, Northern Ireland
The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012
Made 29th November 2012
Coming into force 1st December 2012
The Secretary of State makes the following Order in exercise of the powers conferred by sections 88 and 89 of the Protection of Freedoms Act 20121
A draft of this Order was laid before Parliament in accordance with section 89(2) of the Protection of Freedoms Act 2012 and was approved by resolution of each House of Parliament.
PART 1
Introduction
Citation, commencement, extent and interpretation
1.—(1) This Order may be cited as the Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 and shall come into force on 1st December 2012.
(2) Subject to paragraphs (3), (4), (5) and (6), this Order extends to England and Wales and Northern Ireland.
(3) The amendments to any enactment made by this Order, subject to paragraphs (4), (5) and (6), have the same extent as the enactment amended.
(4) Subject to paragraph (5), the amendments made to the Police Act 19972extend to England and Wales only.
(5) The amendments made to the Police Act 1997 by articles 13(2)(c), 52 and 53 extend to Northern Ireland only.
(6) In article 73 the removal of paragraph (f) in the table in section 56(6) of the Data Protection Act 19983extends to England and Wales only.
(7) In this Order—
“the 1997 Act” means the Police Act 1997;
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 20064;
“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 20075;
“the 2008 Northern Ireland Transitional Provisions Order” means the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 20086;
“the 2008 Transitional Provisions Order” means the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 20087;
“the 2012 Act” means the Protection of Freedoms Act 2012;
“DBS” means the Disclosure and Barring Service;
“ISA” means the Independent Safeguarding Authority;
“the principal enactments” means the 2006 Act, the 2007 Order, the 2008 Northern Ireland Transitional Provisions Order and the 2008 Transitional Provisions Order.
PART 2
Transfer of the Independent Safeguarding Authority’s functions
CHAPTER 1
Transfer of ISA’s functions
Transfer of ISA’s functions
2. All of ISA’s functions except for the function of establishing the children’s barred list and the adults’ barred list under section 2 of the 2006 Act and Article 6 of the 2007 Order are transferred to DBS.
CHAPTER 2
Consequential amendments to the principal enactments
Consequential amendments to the 2006 Act
3. In the following provisions of the 2006 Act for “ISA”, in each place where it occurs, substitute “DBS”—
(a) sections 2 and 4;
(b) sections 35 to 42;
(c) section 43 (including section 43(1) and (2) as substituted by section 75(3) of the 2012 Act);
(d) sections 45 to 47;
(e) sections 50 and 50A8;
(f) the following paragraphs of Schedule 3—
(i) paragraphs 2 to 5;
(ii) paragraph 5A9;
(iii) paragraph 6 (including the reference to ISA inserted by section 74(2) of the 2012 Act);
(iv) paragraphs 8 to 11;
(v) paragraph 11A10;
(vi) paragraph 12 (including the reference to ISA inserted by section 74(4) of the 2012 Act);
(vii) paragraphs 13 to 21;
(viii) paragraphs 22A11and 23;
(ix) paragraph 25;
(g) the table in paragraph 1 of Schedule 7;
(h) paragraphs 1 (including the heading), 2(2) and 3(2) of Schedule 8.
In section 2 omit “establish and”.
4. In section 2 omit “establish and”.
5. In section 60(1) after the definition of “the children’s barred list” insert—
““DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;”
Consequential amendments to the 2007 Order
6. In the following provisions of the 2007 Order for “ISA”, in each place where it occurs, substitute “DBS”—
(a) Articles 2, 6 and 8;
(b) Articles 37 to 44;
(c) Article 45 (including Article 45(1) and (2) as substituted by paragraph 12(2) of Schedule 7 to the 2012 Act);
(d) Articles 47 to 49;
(e) Articles 52 and 52A12;
(f) the following paragraphs of Schedule 1—
(i) paragraphs 2 to 5;
(ii) paragraph 5A13;
(iii) paragraph 6 (including the reference to ISA inserted by paragraph 11(2) of Schedule 7 to the 2012 Act);
(iv) paragraphs 8 to 11;
(v) paragraph 11A14;
(vi) paragraph 12 (including the reference to ISA inserted by paragraph 11(4) of Schedule 7 to the 2012 Act);
(vii) paragraphs 13 to 21;
(viii) paragraphs 22A15and 23;
(ix) paragraph 25;
(g) paragraphs 1 (including the heading), 2(2) and 3(2) of Schedule 6.
7. For Article 5 substitute—
“Disclosure and Barring Service
5. In this Order references to DBS are references to the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.”
In Article 6 omit “establish and”.
8. In Article 6 omit “establish and”.
Consequential amendments to the 2008 Northern Ireland Transitional Provisions Order
9. In the following provisions of the 2008 Northern Ireland Transitional Provisions Order for “IBB”16substitute “DBS”—
(a) article 3(2), (4) and (5);
(b) article 4(2);
(c) article 5(2), (4) and (5);
(d) article 6(2).
10. In the following provisions of the 2008 Northern Ireland Transitional Provisions Order for “IBB” substitute “IBB, ISA or DBS, as the case may be”—
(a) article 3(1)(c);
(b) article 4(1)(c);
(c) article 5(1)(c);
(d) article 6(1)(c).
Consequential amendments to the 2008 Transitional Provisions Order
11. In the following provisions of the 2008 Transitional Provisions Order for “IBB” substitute “DBS”—
(a) article 2(2), (4) and (5);
(b) article 3(2);
(c) article 4(2), (4) and (5).
12. In the following provisions of the 2008 Transitional Provisions Order for “IBB” substitute “IBB, ISA or DBS, as the case may be”—
(a) article 2(1)(c);
(b) article 3(1)(c);
(c) article 4(1)(c).
CHAPTER 3
Consequential amendments to other enactments
Consequential amendments to other enactments
13.—(1) For the words in the left-hand column of the table, wherever they appear in the provisions of the Acts of Parliament mentioned in paragraph (2) or the subordinate legislation mentioned in paragraph (3), substitute the corresponding words in the right-hand column of the table.
Existing words |
Substitution |
“Independent Barring Board” |
“Disclosure and Barring Service” |
“IBB” |
“DBS” |
“Independent Safeguarding Authority” |
“Disclosure and Barring Service” |
“ISA” |
“DBS” |
“the Authority” |
“the Service” |
“the Board” |
“the Service” |
(2) The provisions of the Acts of Parliament are—
(a)
(a) sections 7(2) and 11(1) and (2A) of the Police Pensions Act 197617;
(b)
(b) section 97(1) of the Police Act 199618;
(c)
(c) section 119(1A) of the 1997 Act19;
(d)
(d) paragraph 1(4) of Schedule 2 to the Teaching and Higher Education Act 199820;
(e)
(e) in the Education Act 200221, section 167C (both as inserted by the Education and Inspections Act 200622and as substituted by the Education and Skills Act 200823) and paragraph 2(4) of Schedule 11A24;
(f)
(f) section 171(1)(b) of the Education and Inspections Act 2006;
(g)
(g) sections 130(4) and (5) and 141(1)(b) of the Education and Skills Act 2008.
(3) The subordinate legislation is—
(a)
(a) rule 2A(h)(i) of the Schedule to the General Optical Council (Committee Constitution Rules) Order of Council 200525;
(b)
(b) regulations 1, 2, 3 and 4 of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 200826;
(c)
(c) regulations 3(1) and 4 of the Safeguarding Vulnerable Groups (Prescribed Criteria) (Transitional Provisions) Regulations (Northern Ireland) 200827;
(d)
(d) regulations 3, 4 and 5 of the Safeguarding Vulnerable Groups (Barred List Prescribed Information) Regulations (Northern Ireland) 200828;
(e)
(e) regulations 3 to 12 of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations (Northern Ireland) 200829;
(f)
(f) regulations 2 to 11 of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 200830;
(g)
(g) regulations 2(1) and 3 of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 200831;
(h)
(h) article 5(h)(i) of the Nursing and Midwifery Council (Constitution) Order 200832;
(i)
(i) article 5(h)(i) of the General Medical Council (Constitution) Order 200833;
(j)
(j) regulation 2(h)(i) of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc.) Regulations 200834;
(k)
(k) article 5(h)(i) of the General Chiropractic Council (Constitution) Order 200835;
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