SCIE Guide 12: Making referrals to the POVA list
Please note: The information contained in this guide is now out of date and it should be used for reference purposes only. For current information about the Vetting and Barring scheme please visit the Independent Safeguarding Authority website.
Appendix 2: Legislation and inquiries
Legislation
- Care Standards Act 2000
- Carers (Recognition and Services) Act 1995
- Chronically Sick and Disabled Persons Act 1970
- Data Protection Act 1998
- Disability Discrimination Act 1995
- Disabled Persons (Services, Consultation and Representation) Act 1986
- Employment Rights Act 1996
- Enduring Power of Attorney Act 1995
- Health Act 1999
- Health Services and Public Health Act 1968
- Housing Acts 1985 and 1996
- Human Rights Act 1998
- Local Authority Social Services Act 1970
- Mental Health Acts 1959 and 1983
- National Assistance Act 1948
- National Health Service and Community Care Act 1990
- National Health Service Act 1977
- Police and Criminal Evidence Act 1970
- Power of Attorney Act 1971
- Public Health Acts 1936 and 1961
- Public Interest Disclosure Act 1998
- Registered Homes Act 1984
- Registered Homes (Amendment) Act 1991
- Sexual Offences Acts 1956, 1967 and 2003
Enquiries
The ISA will consider including on the POVA list any individual named in a relevant inquiry and who is, or has been, employed in a care position. Relevant inquiries are defined in section 85(7) of the Care Standards Act 2000 as:
(a) an inquiry held under
(i) section 10 of the Act
(ii) section 35 of the Government of Wales Act 1998
(iii) section 81 of the Children Act 1989
(iv) section 84 of the National Health Service Act 1977
(v) section 7C of the Local Authority Social Services Act 1970
(b) an inquiry to which the Tribunals of Inquiry (Evidence) Act 1921 applies
(c) any other inquiry or hearing designated for the purposes of [section 85(7)] by an order made by the Secretary of State.
