This snapshot, taken on
02/04/2010
, shows web content acquired for preservation by The National Archives. External links, forms and search may not work in archived websites and contact details are likely to be out of date.
 
 
The UK Government Web Archive does not use cookies but some may be left in your browser from archived websites.

Office of Public Sector Information

Office of Public Sector Information

Main menu and contents

Supplementary menus and contents

Page 1 of 13

Next

First page 1 2 3 4 5 6 7 8 9 10 11 Last page

Royal arms

Safeguarding Vulnerable Groups Act 2006

2006 CHAPTER 47

CONTENTS

Go to Preamble

  1. Barring

    1. 1. Independent Barring Board

    2. 2. Barred lists

    3. 3. Barred persons

    4. 4. Appeals

  2. Regulated activity

    1. 5. Regulated activity

  3. Regulated activity providers

    1. 6. Regulated activity providers

  4. Restrictions on participating in regulated activity

    1. 7. Barred person not to engage in regulated activity

    2. 8. Person not to engage in regulated activity unless subject to monitoring

    3. 9. Use of barred person for regulated activity

    4. 10. Use of person not subject to monitoring for regulated activity

    5. 11. Regulated activity provider: failure to check

    6. 12. Personnel suppliers: failure to check

    7. 13. Educational establishments: check on members of governing body

    8. 14. Office holders: offences

    9. 15. Sections 13 and 14: checks

  5. Exceptions

    1. 16. Exception to requirement to make monitoring check

    2. 17. NHS employment

  6. Offences: supplementary

    1. 18. Offences: companies &c.

    2. 19. Offences: other persons

    3. 20. Section 19: exclusions and defences

  7. Controlled activity

    1. 21. Controlled activity relating to children

    2. 22. Controlled activity relating to vulnerable adults

    3. 23. Controlled activity: regulations

  8. Monitoring

    1. 24. Monitoring

    2. 25. Monitoring: fees

    3. 26. Ceasing monitoring

    4. 27. Prohibition of requirement to produce certain records

    5. 28. Independent monitor

    6. 29. Part 5 of the Police Act 1997: code of practice

  9. Notices and information

    1. 30. Provision of vetting information

    2. 31. Meaning of relevant information in section 30

    3. 32. Notification of cessation of monitoring

    4. 33. Cessation of registration

    5. 34. Declarations under sections 30 and 32

    6. 35. Regulated activity providers: duty to refer

    7. 36. Personnel suppliers: duty to refer

    8. 37. Regulated activity providers: duty to provide information on request &c.

    9. 38. Duty to provide information: offences

  10. Local authority information and referrals

    1. 39. Local authorities: duty to refer

    2. 40. Local authorities: duty to provide information on request

  11. Professional bodies and supervisory authorities

    1. 41. Registers: duty to refer

    2. 42. Registers: duty to provide information on request

    3. 43. Registers: notice of barring and cessation of monitoring

    4. 44. Registers: power to apply for vetting information

    5. 45. Supervisory authorities: duty to refer

    6. 46. Supervisory authorities: duty to provide information on request

    7. 47. Supervisory authorities: power to apply for vetting information

    8. 48. Supervisory authorities: notification of barring &c. in respect of children

    9. 49. Supervisory authorities: notification of barring &c. in respect of vulnerable adults

    10. 50. Provision of information to supervisory authorities

  12. Crown

    1. 51. Crown application

  13. Miscellaneous

    1. 52. Referrals: findings of fact immaterial

    2. 53. Fostering

    3. 54. Devolution: alignment

    4. 55. Northern Ireland

    5. 56. Devolution: Wales

  14. General

    1. 57. Damages

    2. 58. Family and personal relationships

    3. 59. Vulnerable adults

    4. 60. Interpretation

    5. 61. Orders and regulations

    6. 62. Transitional provision

    7. 63. Amendments and repeals

    8. 64. Supplementary, incidental, consequential &c. provision

    9. 65. Commencement

    10. 66. Extent

    11. 67. Short title

    1. Schedule 1

      Independent Barring Board

    2. Schedule 2

      Transfers to IBB

    3. Schedule 3

      Barred lists

      1. Part 1

        Children’s barred list

      2. Part 2

        Adults' barred list

      3. Part 3

        Supplementary

    4. Schedule 4

      Regulated Activity

      1. Part 1

        Regulated activity relating to children

      2. Part 2

        Regulated activity relating to vulnerable adults

      3. Part 3

        The period condition

    5. Schedule 5

      Appropriate verification

      1. Part 1

        Default position

      2. Part 2

        Prescribed verification

      3. Part 3

        Prescribed verification

      4. Part 4

        Definitions and power to amend

    6. Schedule 6

      Employment businesses: failure to check

    7. Schedule 7

      Vetting Information

    8. Schedule 8

      Transitional provisions

    9. Schedule 9

      Amendments

      1. Part 1

        Existing lists

      2. Part 2

        Other amendments

    10. Schedule 10

      Repeals

An Act to make provision in connection with the protection of children and vulnerable adults.

[8th November 2006]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Barring

1 Independent Barring Board

(1) There shall be a body corporate to be known as the Independent Barring Board (“IBB”).

(2) Schedule 1 makes provision relating to IBB.

(3) Schedule 2 (transfers to IBB) has effect.

2 Barred lists

(1) IBB must establish and maintain—

(a) the children’s barred list;

(b) the adults' barred list.

(2) Part 1 of Schedule 3 applies for the purpose of determining whether an individual is included in the children’s barred list.

(3) Part 2 of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.

(4) Part 3 of that Schedule contains supplementary provision.

(5) In respect of an individual who is included in a barred list, IBB must keep other information of such description as is prescribed.

3 Barred persons

(1) A reference to a person being barred from regulated activity must be construed in accordance with this section.

(2) A person is barred from regulated activity relating to children if he is—

(a) included in the children’s barred list;

(b) included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children’s barred list.

(3) A person is barred from regulated activity relating to vulnerable adults if he is—

(a) included in the adults' barred list;

(b) included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list.

4 Appeals

(1) An individual who is included in a barred list may appeal to the Tribunal against—

(a) a decision under paragraph 2 or 8 of Schedule 3 not to remove him from the list;

(b) a decision under paragraph 3, 5, 9 or 11 of that Schedule to include him in the list;

(c) a decision under paragraph 17 or 18 of that Schedule not to remove him from the list.

(2) An appeal under subsection (1) may be made only on the grounds that IBB has made a mistake—

(a) on any point of law;

(b) in any finding of fact which it has made and on which the decision mentioned in that subsection was based.

(3) For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

(4) An appeal under subsection (1) may be made only with the permission of the Tribunal.

(5) Unless the Tribunal finds that IBB has made a mistake of law or fact, it must confirm the decision of IBB.

(6) If the Tribunal finds that IBB has made such a mistake it must—

(a) direct IBB to remove the person from the list, or

(b) remit the matter to IBB for a new decision.

(7) If the Tribunal remits a matter to IBB under subsection (6)(b)—

(a) the Tribunal may set out any findings of fact which it has made (on which IBB must base its new decision); and

(b) the person must be removed from the list until IBB makes its new decision, unless the Tribunal directs otherwise.

(8) The Secretary of State may by regulations make provision as to the procedure of the Tribunal (including provision as to the award of costs by the Tribunal).

(9) A person may appeal on a point of law to the Court of Appeal against a decision of the Tribunal.

(10) An appeal under subsection (9) may be made only with the permission of the Court of Appeal.

(11) In this section “the Tribunal” means the Tribunal established under section 9 of the Protection of Children Act 1999 (c. 14).

Regulated activity

5 Regulated activity

(1) A reference to regulated activity relating to children must be construed in accordance with Part 1 of Schedule 4.

(2) A reference to regulated activity relating to vulnerable adults must be construed in accordance with Part 2 of that Schedule.

(3) The Secretary of State may by order amend that Schedule, or any of the modifications of that Schedule in the provisions mentioned in subsection (4), so as to vary the meaning of—

(a) regulated activity relating to children;

(b) regulated activity relating to vulnerable adults.

(4) The provisions are—

  • section 7(5);

  • section 9(5);

  • section 10(3);

  • section 19(8);

  • paragraph 4 of Schedule 6.

Regulated activity providers

6 Regulated activity providers

(1) A reference to a regulated activity provider must be construed in accordance with this section.

(2) A person (P) is a regulated activity provider if—

(a) he is responsible for the management or control of regulated activity,

(b) if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes, and

(c) he makes, or authorises the making of, arrangements (whether in connection with a contract of service or for services or otherwise) for another person to engage in that activity.

(3) A person (P) is also a regulated activity provider if section 53(4) (fostering) so provides.

(4) A person (P) is also a regulated activity provider if he carries on a scheme—

(a) under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and

(b) in respect of which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14).

(5) P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.

(6) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.

(7) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—

(a) a member of P’s family;

(b) a friend of P.

(8) A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person—

(a) to a position mentioned in paragraph 4(1)(a), (b), (g), (h), (i), (j) or (m) or 8(1)(a), (d) or (e) of Schedule 4,

(b) as a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

(c) as member or chief executive of IBB;

(d) to any position mentioned in paragraph (a), (b) or (f) of section 59(10) or to exercise any function mentioned in that paragraph.

(9) For the purposes of subsection (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend.

(10) If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Act must be taken to be a requirement on or liability of—

(a) the person responsible for the management and control of the association, or

(b) if there is more than one such person, all of them jointly and severally.

(11) “Family” and “friend” must be construed in accordance with section 58.

(12) The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.

Restrictions on participating in regulated activity

7 Barred person not to engage in regulated activity

(1) An individual commits an offence if he—

(a) seeks to engage in regulated activity from which he is barred;

(b) offers to engage in regulated activity from which he is barred;

(c) engages in regulated activity from which he is barred.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(3) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.

(4) It is a defence for a person charged with an offence under subsection (1) to prove—

(a) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c) that he engaged in the activity for no longer than was necessary for that purpose.

(5) For the purposes of this section, Schedule 4 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

(c) in paragraph 7(4), paragraph (a) must be disregarded.

(6) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 months must be taken to be a reference to six months.

8 Person not to engage in regulated activity unless subject to monitoring

(1) An individual commits an offence if—

(a) he engages in regulated activity with the permission of a regulated activity provider, and

(b) he is not subject to monitoring in relation to that activity.

(2) An individual commits an offence if—

(a) he engages in an activity which is a regulated activity by virtue of paragraph 1(3) or (6) of Schedule 4, and

(b) he is not subject to monitoring in relation to regulated activity relating to children.

(3) An individual commits an offence if—

(a) he acts as a member of the governing body of an educational establishment mentioned in subsection (5), and

(b) he is not subject to monitoring in relation to regulated activity relating to children.

(4) A person guilty of an offence under subsection (1), (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) The establishments are—

(a) an educational institution which is exclusively or mainly for the provision of full-time education to children;

(b) a maintained nursery school (within the meaning of section 39 of the Education Act 2002 (c. 32)).

(6) A person does not commit an offence under subsection (1) or (2) if he has not attained the age of 16.

(7) A person does not commit an offence under subsection (1) if, in relation to any continuous period for which he is permitted to engage in the activity—

(a) the permission is first given before the commencement of this section, and

(b) it continues to have effect after such commencement.

(8) Where subsection (7) applies to a person who is engaged in regulated activity which is relevant NHS employment for the purposes of section 17(1)(d), he does not commit an offence under subsection (1) if he also engages in any other such regulated activity as mentioned in section 17.

(9) Subsection (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.

(10) A person does not commit an offence under subsection (1) if the regulated activity—

(a) is regulated activity relating to vulnerable adults, and

(b) falls within section 16.

(11) A person does not commit an offence under subsection (3) if, in relation to any continuous period for which he acts as a governor—

(a) his appointment as a governor first took effect before the commencement of this section, and

(b) it continues to have effect after such commencement.

(12) Subsection (11) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.

(13) It is a defence for a person charged with an offence under subsection (1), (2) or (3) to prove that he did not know, and could not reasonably be expected to know, that he was not subject to monitoring in relation to the activity.

(14) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.

9 Use of barred person for regulated activity

(1) A person commits an offence if—

(a) he permits an individual (B) to engage in regulated activity from which B is barred,

(b) he knows or has reason to believe that B is barred from that activity, and

(c) B engages in the activity.

(2) A personnel supplier commits an offence if—

(a) he supplies an individual (B) to another (P),

(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and

(c) he knows or has reason to believe that B is barred from that activity.

Page 1 of 13

Next

First page 1 2 3 4 5 6 7 8 9 10 11 Last page