Legalize / United Kingdom / Public General Act

Safeguarding Vulnerable Groups Act 2006

Type Public General Act

Publication 2006-11-08

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Barring

Controlled activity: regulations

1

(1) There shall be a body corporate to be known as the Independent Safeguarding Authority (“ISA”).

(2) Schedule 1 makes provision relating to ISA.

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

Transitional provision

2

(1) DBS must ... 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, DBS must keep other information of such description as is prescribed.

Orders and regulations

3

(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.

Appeals

4

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

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a decision under paragraph 2, 3, 5, 8, 9 or 11 of Schedule 3 to include him in the list;

(2) An appeal under subsection (1) may be made only on the grounds that DBS 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 Upper Tribunal.

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

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

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

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

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

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

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

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulated activity

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(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 19(8);

....

Regulated activity providers

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(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—

(i) in relation to England, under section 10 of the Health and Social Care Act 2008, or

(ii) in relation to Wales, under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2).

(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 1(9) or 7(9) of Schedule 4,

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

(d) to any position mentioned in paragraph 7(3E)(a) or (b) of Schedule 4 or to exercise any function exercisable by virtue of that position.

(8CA) A person (S) who is authorised as mentioned in subsection (5)(a) of section 50 of the Social Services and Well-being (Wales) Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (5)(b) or (6)(b) of that section.

(8C) The Secretary of State does not make arrangements for another to engage in a regulated activity by virtue of anything the Secretary of State does under section 12A or 12D, or regulations under section 12B, of the National Health Service Act 2006 (direct payments for health services).

(8D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8E) NHS England or an integrated care board does not make arrangements for another to engage in a regulated activity by virtue of anything NHS England or the integrated care board does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services).

(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

Barred person not to engage in regulated activity

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(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;

(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 the general limit in a magistrates’ court, 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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.

Person not to engage in regulated activity unless subject to monitoring

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Use of barred person for regulated activity

9

(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

(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

(3) A person guilty of an offence under this section 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 the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.

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

(a) that he reasonably thought that it was necessary for the barred person 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

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In relation to an offence committed before 2 May 2022, the reference in subsection (3)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.

Use of person not subject to monitoring for regulated activity

10

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Regulated activity provider: failure to check

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Personnel suppliers: failure to check

12

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Educational establishments: check on members of governing body

13

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Office holders: offences

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Sections 13 and 14: checks

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Exceptions

Exception to requirement to make monitoring check

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NHS employment

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Offences: supplementary

Offences: companies &c.

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(1) If an offence under section 9 ... or 38 ... is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body, or

(b) a person purporting to act in such a capacity,

he (as well as the body) commits the offence.

(2) If an offence under section 9 ... or 38 ... is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a partner, or

(b) a person purporting to act as a partner,

he (as well as the partnership) commits the offence.

(3) In subsection (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

Offences: other persons

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—

(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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person guilty of an offence under subsection (2) 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 the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For the purpose of subsection (2)(b), Schedule 4 is modified as follows—

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

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In relation to an offence committed 2 May 2022, the reference in subsection (5)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months.

Section 19: exclusions and defences

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(1) A person does not commit an offence under section 19 if B has not attained the age of 16.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Controlled activity

Controlled activity relating to children

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Controlled activity relating to vulnerable adults

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Controlled activity: regulations

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Monitoring

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Monitoring: fees

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Ceasing monitoring

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Prohibition of requirement to produce certain records

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Independent monitor

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