The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012

• Citation: S.I. 2012/3006
• Sections: 112

Section 1 Citation, commencement, extent and interpretation

(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 1997 extend 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 1998 extends 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 2006 ;

“the 2007 Order ” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ;

“the 2008 Northern Ireland Transitional Provisions Order ” means the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 ;

“the 2008 Transitional Provisions Order ” means the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008 ;

“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.

Section 2 Transfer of ISA’s functions

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.

Section 3 Consequential amendments to the 2006 Act

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 50A ;

(f) the following paragraphs of Schedule 3—

(i) paragraphs 2 to 5;

(ii) paragraph 5A ;

(iii) paragraph 6 (including the reference to ISA inserted by section 74(2) of the 2012 Act);

(iv) paragraphs 8 to 11;

(v) paragraph 11A ;

(vi) paragraph 12 (including the reference to ISA inserted by section 74(4) of the 2012 Act);

(vii) paragraphs 13 to 21;

(viii) paragraphs 22A and 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.

Section 4 Consequential amendments to the 2006 Act

In section 2 omit “establish and”.

Section 5 Consequential amendments to the 2006 Act

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;

Section 6 Consequential amendments to the 2007 Order

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 52A ;

(f) the following paragraphs of Schedule 1—

(i) paragraphs 2 to 5;

(ii) paragraph 5A ;

(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 11A ;

(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 22A and 23;

(ix) paragraph 25;

(g) paragraphs 1 (including the heading), 2(2) and 3(2) of Schedule 6.

Section 7 Consequential amendments to the 2007 Order

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.

Section 8 Consequential amendments to the 2007 Order

In Article 6 omit “establish and”.

Section 9 Consequential amendments to the 2008 Northern Ireland Transitional Provisions Order

In the following provisions of the 2008 Northern Ireland Transitional Provisions Order for “IBB” substitute “DBS”—

(a) article 3(2), (4) and (5);

(b) article 4(2);

(c) article 5(2), (4) and (5);

(d) article 6(2).

Section 10 Consequential amendments to the 2008 Northern Ireland Transitional Provisions Order

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).

Section 11 Consequential amendments to the 2008 Transitional Provisions Order

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).

Section 12 Consequential amendments to the 2008 Transitional Provisions Order

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).

Section 13 Consequential amendments to other enactments

(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.

(2) The provisions of the Acts of Parliament are—

(a) sections 7(2) and 11(1) and (2A) of the Police Pensions Act 1976 ;

(b) section 97(1) of the Police Act 1996 ;

(c) section 119(1A) of the 1997 Act ;

(d) paragraph 1(4) of Schedule 2 to the Teaching and Higher Education Act 1998 ;

(e) in the Education Act 2002 , section 167C (both as inserted by the Education and Inspections Act 2006 and as substituted by the Education and Skills Act 2008 ) and paragraph 2(4) of Schedule 11A ;

(f) section 171(1)(b) of the Education and Inspections Act 2006;

(g) sections 130(4) and (5) and 141(1)(b) of the Education and Skills Act 2008.

(3) The subordinate legislation is—

(a) rule 2A(h)(i) of the Schedule to the General Optical Council (Committee Constitution Rules) Order of Council 2005 ;

(b) regulations 1, 2, 3 and 4 of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008 ;

(c) regulations 3(1) and 4 of the Safeguarding Vulnerable Groups (Prescribed Criteria) (Transitional Provisions) Regulations (Northern Ireland) 2008 ;

(d) regulations 3, 4 and 5 of the Safeguarding Vulnerable Groups (Barred List Prescribed Information) Regulations (Northern Ireland) 2008 ;

(e) regulations 3 to 12 of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations (Northern Ireland) 2008 ;

(f) regulations 2 to 11 of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008 ;

(g) regulations 2(1) and 3 of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria) (Transitional Provisions) Regulations 2008 ;

(h) article 5(h)(i) of the Nursing and Midwifery Council (Constitution) Order 2008 ;

(i) article 5(h)(i) of the General Medical Council (Constitution) Order 2008 ;

(j) regulation 2(h)(i) of the Council for Healthcare Regulatory Excellence (Appointment, Procedure etc. ) Regulations 2008 ;

(k) article 5(h)(i) of the General Chiropractic Council (Constitution) Order 2008 ;

(l) rule 8(h)(i) of the Schedule to the Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 2008 ;

(m) regulations 2, 3 and 13 of, and the headings before regulations 6 and 13 of, and paragraphs 5, 6 and 10 of the Schedule to, the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 ;

(n) paragraph 12(f) of the Schedule to the General Chiropractic Council (Constitution of the Statutory Committees) Rules Order of Council 2009 ;

(o) regulations 2 and 13 of, and the heading before regulation 13 of, and paragraphs 5, 6 and 10 of the Schedule to, the Safeguarding Vulnerable Groups (Prescribed Information) Regulations (Northern Ireland) 2009 ;

(p) article 5(h)(i) of the General Osteopathic Council (Constitution) Order 2009 ;

(q) articles 4, 5, 6 and 7 of the Safeguarding Vulnerable Groups (Commencement No. 5, Transitional Provisions and Savings) Order (Northern Ireland) 2009 ;

(r) article 5(h)(i) of the General Optical Council (Constitution) Order 2009 ;

(s) paragraph 12(h)(i) of the Schedule to the General Osteopathic Council (Constitution of the Statutory Committee) Rules Order of Council 2009 ;

(t) article 5(h)(i) of the Health Professions Council (Constitution) Order 2009 ;

(u) paragraph 6(h)(i) of the Schedule to the Health Professions Council (Practice Committees and Miscellaneous Amendments) Rules Order of Council 2009 ;

(v) article 5(h)(i) of the General Dental Council (Constitution) Order 2009 ;

(w) rule 6(i)(i) of the Schedule to the General Dental Council (Constitution of Committees) Rules Order of Council 2009 ;

(x) articles 3, 5, 6 and 7 of the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 2009 ;

(y) article 3 of the Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010 ;

(z) article 51(m) of the Pharmacy Order 2010 ;

(aa) article 5(i)(i) of the General Pharmaceutical Council (Constitution) Order 2010 ;

(bb) articles 2 and 5 of the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings (Amendment)) and (Commencement No. 7) Order 2010 ;

(cc) rule 8(6) of the Schedule to the General Pharmaceutical Council (Appeals Committee Rules) Order of Council 2010 ;

(dd) rule 24(6) of the Schedule to the General Pharmaceutical Council (Fitness to Practise and Disqualification etc Rules) Order of Council 2010 ;

(ee) articles 6, 8, 9, 10, 12, 14 and 16 of the Protection of Freedoms Act 2012 (Commencement No. 3) Order 2012 .

Section 14 Consequential amendment to the Parliamentary Commissioner Act 1967

In Schedule 2 to the Parliamentary Commissioner Act 1967 omit “Independent Safeguarding Authority”.

Section 15 Consequential amendment to the Superannuation Act 1972

In Schedule 1 to the Superannuation Act 1972 omit “Employment by the Independent Safeguarding Authority”.

Section 16 Consequential amendment to the Data Protection Act 1998

In entry 4 in the table in section 56(6) of the Data Protection Act 1998 for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service”.

Section 17 Consequential amendment to the Freedom of Information Act 2000

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 omit “The Independent Safeguarding Authority”.

Section 18 Consequential amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is amended as follows.

Section 19 Consequential amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

In article 3(a)(ii) for “40, 43 or 44” substitute “38, 40 or 43”.

Section 20 Consequential amendments to the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

(1) Part II of Schedule 1 is amended as follows.

(2) In paragraph 38—

(a) for “Independent Barring Board” substitute “Disclosure and Barring Service”;

(b) after “Service” insert “, and any other work in the Disclosure and Barring Service”.

(3) Omit paragraph 44.

Section 21 Consequential amendments to the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001

The General Teaching Council for Wales (Disciplinary Functions) Regulations 2001 are amended as follows.

Section 22 Consequential amendments to the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001

In regulation 9(1)(c) —

(a) for “Independent Barring Board, established under section 1 of the Safeguarding Vulnerable Groups Act 2006” substitute “Disclosure and Barring Service, established by section 87(1) of the Protection of Freedoms Act 2012”;

(b) for “that Act” substitute “the Safeguarding Vulnerable Groups Act 2006”.

Section 23 Consequential amendments to the General Teaching Council for Wales (Disciplinary Functions) Regulations 2001

In regulation 9(1)(c), in the Welsh language text of those Regulations (Rheoliadau Cyngor Addysgu Cyffredinol Cymru (Swyddogaethau Disgyblu) 2001),—

(a) for “Bwrdd Gwahardd Annibynnol, a sefydlwyd o dan adran 1 o Ddeddf Diogelu Grwpiau Hyglwyf 2006” substitute “Gwasanaeth Datgelu a Gwahardd, a sefydlwyd o dan adran 87(1) o Ddeddf Diogelu Rhyddid 2012”;

(b) for “o’r Ddeddf honno” substitute “o Ddeddf Diogelu Grwpiau Hyglwyf 2006”.

Section 24 Consequential amendments to the Education (Supply of Information) (Wales) Regulations 2009

The Education (Supply of Information) (Wales) Regulations 2009 are amended as follows.

Section 25 Consequential amendments to the Education (Supply of Information) (Wales) Regulations 2009

In regulation 1(3) for “Independent Barring Board” substitute “Disclosure and Barring Service”.

Section 26 Consequential amendments to the Education (Supply of Information) (Wales) Regulations 2009

In regulation 1(3), in the Welsh language text of those Regulations (Rheoliadau Addysg (Cyflenwi Gwybodaeth) (Cymru) 2009), for “Bwrdd Gwahardd Annibynnol” substitute “Gwasanaeth Datgelu a Gwahardd”.

Section 27 Consequential amendments to the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 is amended as follows.

Section 28 Consequential amendments to the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

In article 2 for the definition of “Independent Safeguarding Authority” substitute—

“Disclosure and Barring Service” and “DBS” mean the body established by section 87(1) of the Protection of Freedoms Act 2012;

Section 29 Consequential amendments to the Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

In articles 18, 19 and 20, and the subject heading before articles 11 and 18, for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service” and for “ISA” substitute “DBS”.

Section 30 Consequential amendments to the Family Procedure Rules 2010

(1) The Family Procedure Rules 2010 are amended as follows.

(2) In rule 2.3(1) in the definition of “professional acting in furtherance of the protection of children” in sub-paragraph (e) —

(a) for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service”; and

(b) for “section 1 of the Safeguarding Vulnerable Groups Act 2006” substitute “section 87(1) of the Protection of Freedoms Act 2012”.

Section 31 Consequential amendments to the Fostering Services (England) Regulations 2011

The Fostering Services (England) Regulations 2011 are amended as follows.

Section 32 Consequential amendments to the Fostering Services (England) Regulations 2011

In regulation 2(1) for ““Independent Safeguarding Authority” has the meaning given in section 1 of the Safeguarding Vulnerable Groups Act 2006” substitute ““Disclosure and Barring Service” means the body established by section 87(1) of the Protection of Freedoms Act 2012”.

Section 33 Consequential amendments to the Fostering Services (England) Regulations 2011

In Schedule 7 for “Independent Safeguarding Authority” substitute “Disclosure and Barring Service”.

Section 34 Further references to ISA and DBS

Any reference (other than those dealt with by Chapters 2 and 3 of this Part) to the Independent Safeguarding Authority (including references to the Independent Barring Board, which are to be treated as references to the Independent Safeguarding Authority by virtue of section 81(5) of the Policing and Crime Act 2009) in any enactment passed or made before the commencement of this Order is to be read as a reference to the Disclosure and Barring Service.

Section 35 Further references to ISA and DBS

Any reference to the Disclosure and Barring Service which arises by virtue of this Order is to be read—

(a) in relation to times before the commencement of section 81 of the Policing and Crime Act 2009, as a reference to the Independent Barring Board, and

(b) in relation to times after the commencement of that section but before the commencement of this Order, as a reference to the Independent Safeguarding Authority.

Section 36 Amendment of Part 5 of the 1997 Act

The 1997 Act is amended as follows.

Section 37 Amendment of Part 5 of the 1997 Act

In the following provisions for “the Secretary of State” and “The Secretary of State”, in each place where it occurs, substitute “DBS”—

(a) section 112(1) (but not paragraph (b) of subsection (1)) and (4);

(b) section 113A(1), (2A), (4), (5) and (9) ;

(c) section 113B(1), (2A), (4), (6), (7), (8), (9) and (12) ;

(d) section 113E(2) and (4) ;

(e) section 114(1) (but not paragraph (b) of subsection (1));

(f) section 116(1) (but not paragraph (b) of subsection (1));

(g) section 116A(1), (2), (4), (5) and (7) ;

(h) section 117(1), (1A), (1B) and (2) ;

(i) section 117A(5) and (6) ;

(j) section 118(1), (2), (2ZA), (2A) (but not paragraph (d) of subsection (2A)), (3A) and (3B) ;

(k) section 119(1), (1B), (3), (4), (5) and (8) ;

(l) section 119B(5)(ca) ;

(m) section 120(1), (2), (5) and (6);

(n) section 120ZA(2), (3) and (4) ;

(o) section 120A(1), (2), (3) and (4) ;

(p) section 120AA(1), (2), (3) and (6) ;

(q) section 120AB(1), (2), (3), (4), (5), (6) and (8) ;

(r) section 120AC(1), (3), (4), (5), (6) and (7) ;

(s) section 120AD(1) and (2) ;

(t) section 122(3), (3A) and (3B) ;

(u) section 124A(1) ;

(v) section 125B(1) .

Section 38 Amendment of Part 5 of the 1997 Act

In section 113A(5)—

(a) in paragraph (a) for “his” substitute “its”; and

(b) in paragraph (b) for “him” substitute “it”.

Section 39 Amendment of Part 5 of the 1997 Act

In section 113B—

(a) in subsection (7) for “his” substitute “its”; and

(b) in subsection (8) for “he” substitute “it”.

Section 40 Amendment of Part 5 of the 1997 Act

In section 117(2) for “he” in both places where it occurs substitute “it”.

Section 41 Amendment of Part 5 of the 1997 Act

In section 118—

(a) in subsection (1) for “he” substitute “it”; and

(b) in subsection (2A) for “he” substitute “it”.

Section 42 Amendment of Part 5 of the 1997 Act

In section 119—

(a) in subsection (1) for “him” substitute “it”;

(b) in subsection (1B) for “he” substitute “it”;

(c) in subsection (3) for “he” substitute “the Secretary of State”;

(d) in subsection (4)—

(i) for “him” substitute “it”; and

(ii) for “his” substitute “its”; and

(e) in subsection (5) for “him” substitute “it”.

Section 43 Amendment of Part 5 of the 1997 Act

In section 120(2)(a) for “him” substitute “it”.

Section 44 Amendment of Part 5 of the 1997 Act

In section 120A(1) for “him” substitute “it”.

Section 45 Amendment of Part 5 of the 1997 Act

In section 120AB—

(a) in subsection (1) for “his” substitute “its”; and

(b) in subsection (4)(b) for “he” substitute “it”.

Section 46 Amendment of Part 5 of the 1997 Act

In section 122(3B) for “he” substitute “it”.

Section 47 Amendment of Part 5 of the 1997 Act

In section 126(1) after the definition of “chief officer” insert—

“DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;

Section 48

In the following provisions of the 2006 Act for “the Secretary of State” and “The Secretary of State”, in each place where it occurs, substitute “DBS”—

(a) section 30A(1), (6) and (7) ;

(b) section 30B(1), (2), (5), (9) and (10) ;

(c) section 33(3), (3A), (3D), (4) and (5) ;

(d) section 43(1), (2), (5A), (5B), (5C), and (5F) ;

(e) section 47(7);

(f) section 48(1), (2), (2A), (3), (4), (5) and (8) ;

(g) section 49(1), (2), (2A), (3), (4), (5) and (8) ;

(h) section 50(5) ;

(i) paragraphs 19(7) and 22 of Schedule 3.

Section 49

In the following provisions of the 2007 Order for “the Secretary of State” and “The Secretary of State”, in each place where it occurs, substitute “DBS”—

(a) Article 32A(1), (6) and (7) ;

(b) Article 32B(1), (2), (5), (9) and (10) ;

(c) Article 35(3), (3A), (3D), (4) and (5) ;

(d) Article 45(1), (2), (5A), (5B), (5C), and (5F) ;

(e) Article 49(7);

(f) Article 50(1), (2), (2A), (3), (4), (5) and (8) ;

(g) Article 51(1), (2), (2A), (3), (4), (5) and (8) ;

(h) Article 52(5) ;

(i) paragraph 22 of Schedule 1.

Section 50 Consequential amendments to the 1997 Act in England and Wales

(1) Section 119 of the 1997 Act is amended as follows—

(2) Omit subsection (1A).

(3) After subsection (4) insert—

(4A) DBS may require the Secretary of State to provide it with the information and advice specified in section 113CD(2) to (6) for the purpose of enabling DBS to carry out its functions under section 113CD.