Legalize / United Kingdom / Public General Act

Safeguarding Vulnerable Groups Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

2

(1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer to ISA of any property, rights or liabilities of the Secretary of State.

(2) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

(3) A property transfer scheme may—

(a) create interests in, or rights in relation to, anything that is or could be transferred by the scheme;

(b) impose liabilities in relation to anything that is or could be transferred or created by the scheme;

(d) provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to ISA;

(e) make provision about the continuation of legal proceedings.

Schemes: supplementary

3

A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision.

SCHEDULE 3

Part 1 — Children's barred list

Automatic inclusion

1

(1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

(2) If DBS is satisfied that this paragraph applies to a person, it must include the person in the children’s barred list.

Inclusion subject to consideration of representations

2

(1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

(2) Sub-paragraph (4) applies if it appears to DBS that—

(a) this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in regulated activity relating to children.

(4) DBS must give the person the opportunity to make representations as to why the person should not be included in the children's barred list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).

(6) If DBS —

(a) is satisfied that this paragraph applies to the person, and

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.

(8) If DBS —

(a) is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and

it must include the person in the list.

Behaviour

3

(1) This paragraph applies to a person if—

(a) it appears to DBS that the person —

(i) has (at any time) engaged in relevant conduct, and

(ii) is or has been, or might in future be, engaged in regulated activity relating to children, and

(b) DBS proposes to include him in the children's barred list.

(2) DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3) DBS must include the person in the children's barred list if—

(a) it is satisfied that the person has engaged in relevant conduct,

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and

(b) it is satisfied that it is appropriate to include the person in the list.

(4) This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to.

(5) In sub-paragraph (4)—

(a) the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) a disqualification order is an order under section 28, 29 or 29A of that Act.

4

(1) For the purposes of paragraph 3 relevant conduct is—

(a) conduct which endangers a child or is likely to endanger a child;

(b) conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;

(d) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate;

(e) conduct of a sexual nature involving a child, if it appears to DBS that the conduct is inappropriate.

(2) A person's conduct endangers a child if he—

(a) harms a child,

(b) causes a child to be harmed,

(d) attempts to harm a child, or

(e) incites another to harm a child.

(3) “Sexual material relating to children” means—

(a) indecent images of children, or

(b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.

(4) “Image” means an image produced by any means, whether of a real or imaginary subject.

(5) A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.

(6) For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

5

(1) This paragraph applies to a person if—

(a) it appears to DBS that the person—

(i) falls within sub-paragraph (4), and

(ii) is or has been, or might in future be, engaged in regulated activity relating to children and

(b) DBS proposes to include him in the children's barred list.

(2) DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3) DBS must include the person in the children's barred list if—

(a) it is satisfied that the person falls within sub-paragraph (4),

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and

(b) it is satisfied that it is appropriate to include the person in the list.

(4) A person falls within this sub-paragraph if he may—

(a) harm a child,

(b) cause a child to be harmed,

(d) attempt to harm a child, or

(e) incite another to harm a child.

Restriction on inclusion

6

(1) DBS must not include a person in the children's barred list—

(a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

(b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.

(2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of DBS .

(3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.

Part 2 — Adults' barred list

Automatic inclusion

7

(1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

(2) If DBS is satisfied that this paragraph applies to a person, it must include the person in the adults’ barred list.

Inclusion subject to consideration of representations

8

(1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.

(2) Sub-paragraph (4) applies if it appears to DBS that—

(a) this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults.

(4) DBS must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2).

(6) If DBS —

(a) is satisfied that this paragraph applies to the person, and

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose.

(8) If DBS —

(a) is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

it must include the person in the list.

Behaviour

9

(1) This paragraph applies to a person if—

(a) it appears to DBS that the person—

(i) has (at any time) engaged in relevant conduct, and

(ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(b) DBS proposes to include him in the adults' barred list.

(2) DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

(3) DBS must include the person in the adults' barred list if—

(a) it is satisfied that the person has engaged in relevant conduct,

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(b) it is satisfied that it is appropriate to include the person in the list.

10

(1) For the purposes of paragraph 9 relevant conduct is—

(a) conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;

(b) conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;

(d) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate;

(e) conduct of a sexual nature involving a vulnerable adult, if it appears to DBS that the conduct is inappropriate.

(2) A person's conduct endangers a vulnerable adult if he—

(a) harms a vulnerable adult,

(b) causes a vulnerable adult to be harmed,

(d) attempts to harm a vulnerable adult, or

(e) incites another to harm a vulnerable adult.

(3) “Sexual material relating to children” means—

(a) indecent images of children, or

(b) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.

(4) “Image” means an image produced by any means, whether of a real or imaginary subject.

(5) A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.

(6) For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.

Risk of harm

11

(1) This paragraph applies to a person if—

(a) it appears to DBS that the person—

(i) falls within sub-paragraph (4), and

(ii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(b) DBS proposes to include him in the adults' barred list.

(2) DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.

(3) DBS must include the person in the adults' barred list if—

(a) it is satisfied that the person falls within sub-paragraph (4),

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and

(b) it is satisfied that it is appropriate to include the person in the list.

(4) A person falls within this sub-paragraph if he may—

(a) harm a vulnerable adult,

(b) cause a vulnerable adult to be harmed,

(d) attempt to harm a vulnerable adult, or

(e) incite another to harm a vulnerable adult.

Restriction on inclusion

12

(1) DBS must not include a person in the adults' barred list—

(a) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or

(b) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.

(2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of DBS .

(3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

Part 3 — Supplementary

Procedure

13

(1) DBS must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list.

(2) Sub-paragraph (1) does not, without more, require DBS to give an individual the opportunity to make representations as to why he should not be included in a barred list.

14

When an individual is included in a barred list DBS must take all reasonable steps to notify the individual of that fact.

15

(1) The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision DBS is required or authorised to take under this Schedule.

(2) Such provision may include provision as to the time within which anything is to be done.

Representations

16

(1) A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which DBS intends to rely in taking a decision under this Schedule.

(2) Any requirement of this Schedule to give a person an opportunity to make representations does not apply if DBS does not know and cannot reasonably ascertain the whereabouts of the person.

(3) The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made.

(4) Findings of fact made by a competent body are findings of fact made in proceedings before the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before one of the following bodies or any of its committees—

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

(b) the General Teaching Council for Wales;

(d) the General Medical Council;

(e) the General Dental Council;

(f) the General Optical Council;

(g) the General Osteopathic Council;

(h) the General Chiropractic Council;

(i) the Nursing and Midwifery Council;

(j) the Health and Care Professions Council;

(k) the General Social Care Council;

(l) Social Care Wales

(m) Social Work England.

(4A) The reference in sub-paragraph (4) to “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”.

(5) The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.

17

(1) This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, DBS was unable to ascertain his whereabouts.

(2) This paragraph also applies to such a person if—

(a) he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and

(b) DBS grants him permission to make such representations out of time.

(3) If a person to whom this paragraph applies makes such representations after the prescribed time—

(a) DBS must consider the representations, and

(b) if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.

(4) For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.

Review

18

(1) A person who is included in a barred list may apply to DBS for a review of his inclusion.

(2) An application for a review may be made only with the permission of DBS.

(3) A person may apply for permission only if—

(a) the application is made after the end of the minimum barred period, and

(b) in the prescribed period ending with the time when he applies for permission, he has made no other such application.

(4) DBS must not grant permission unless it thinks—

(a) that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and

(b) that the change is such that permission should be granted.

(5) On a review of a person's inclusion, if DBS is satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application.

(6) The minimum barred period is the prescribed period beginning with such of the following as may be prescribed—

(a) the date on which the person was first included in the list;

(b) the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 is first satisfied;

(c) where the person is included in the list on the grounds that he has been convicted of an offence in respect of which a custodial sentence (within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or section 222 of the Sentencing Code ) was imposed, the date of his release;

(d) the date on which the person made any representations as to why he should not be included in the list.

Information

19

(1) DBS may require—

(a) any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies or appears to apply;

(b) any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs applies or appears to apply;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records reasonably believes to be relevant in relation to the regulated activity concerned.

(3) For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the relevant chief officer reasonably believes to be relevant in relation to the regulated activity concerned.

(4) DBS must pay to the appropriate local policing body such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c).

(5) For the purpose of deciding under this Schedule whether or not a person is included in a barred list DBS must not take account of relevant police information if the relevant chief officer thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.

(6) In sub-paragraph (5) relevant police information is information ... obtained by DBS in pursuance of sub-paragraph (1)(c) ....

(7) In this paragraph—

“caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);

“ the relevant chief officer ” means any chief officer of a police force who is identified by DBS for the purposes of this paragraph;

(7A) Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.

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

20

(1) The Secretary of State may provide to DBS any information relating to a person which is held by him in connection with his functions under—

(a) the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal);

(b) Part 7 of the Care Standards Act 2000 (c. 14);

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

21

DBS must provide the Secretary of State with the prescribed information relating to a person if—

(a) it includes that person in a barred list;

(b) it is considering whether to include him in a barred list;

(c) it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.

22

DBS must inform the Scottish Ministers if a person is included in a barred list.

23

DBS may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions.

Prescribed criteria

24

(1) The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are—

(a) that a person has been convicted of, or cautioned in relation to, an offence of a specified description;

(b) that an order of a specified description requiring the person to do or not to do anything has been made against him;

(c) that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom;

(d) that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom.

(2) The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under—

(a) the law of a country or territory outside England and Wales;

(b) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);

(d) section 42 of the Naval Discipline Act 1957 (c. 53);

(e) section 42 of the Armed Forces Act 2006 (c. 52).

(3) The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.

(4) For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—

(a) any offence committed before he attained the age of 18;

(b) any order or direction made before that time.

(5) The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of section 2 if the court, having considered whether to make a disqualification order, decided not to.

(6) In sub-paragraph (5)—

(a) the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43);

(b) a disqualification order is an order under section 28, 29 or 29A of that Act.

(7) For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period.

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

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

(10) For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—

(a) the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and

(b) the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).

25

(1) A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 24(1)(a), or which makes an order of a description specified for the purposes of paragraph 24(1)(b), must inform the person at the time he is convicted or the order is made that DBS will or (as the case may be) may include him in the barred list concerned.

(2) This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales.

SCHEDULE 4

Part 1 — Regulated activity relating to children

Regulated activity: general

1

(1) An activity is a regulated activity relating to children if—

(a) it is mentioned in paragraph 2(1), and

(b) except in the case of activities falling within sub-paragraph (1A), it is carried out frequently by the same person or the period condition is satisfied.

(1A) The following activities fall within this sub-paragraph—

(a) relevant personal care, and

(b) health care provided by, or under the direction or supervision of, a health care professional.

(1B) In this Part of this Schedule “ relevant personal care ” means—

(a) physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition),

(b) physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with—

(i) toileting (including in relation to the process of menstruation),

(ii) washing or bathing, or

(iii) dressing,

(c) the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,

(d) the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,

(e) any form of training, instruction, advice or guidance which—

(i) relates to the performance of the activity of eating or drinking,

(ii) is given to a child who is in need of it by reason of illness or disability, and

(iii) does not fall within paragraph (c), or

(f) any form of training, instruction, advice or guidance which—

(i) relates to the performance of any of the activities listed in paragraph (b)(i) to (iii),

(ii) is given to a child who is in need of it by reason of age, illness or disability, and

(iii) does not fall within paragraph (d).

(1C) In this Part of this Schedule —

“ health care ” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,

“ health care professional ” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.

(1D) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid.

(2) An activity is a regulated activity relating to children if—

(a) it is carried out frequently by the same person or the period condition is satisfied,

(b) it is carried out in an establishment mentioned in paragraph 3(1),

(d) it is carried out for or in connection with the purposes of the establishment, and

(e) it gives that person the opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with children.

(2A) Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which—

(a) is undertaken in pursuance of a contract for the provision of occasional or temporary services, and

(b) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)).

(2B) Work falls within this sub-paragraph if it is any form of work which is not for gain, other than—

(a) any such work which—

(i) is carried out on a temporary or occasional basis, and

(ii) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or

(b) any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.

(2C) The reference in subsection (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.

(3) Each of the following, if carried out in England, is a regulated activity relating to children—

(a) providing early years childminding in respect of which a requirement to register arises by section 33(1) of the Childcare Act 2006 (c. 21) (requirement to register);

(b) providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register);

(c) providing early years childminding or later years childminding, if it is provided by a person who is registered by virtue of section 62(1) of that Act (voluntary registration of childminders);

(d) providing later years childminding for a child who has attained the age of eight, if a requirement to register would arise in respect of that provision by section 52(1) of that Act if the child had not attained that age.

(4) Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act.

(5) It is a regulated activity relating to children to foster a child (as mentioned in section 53).

(6) Each of the following, if carried out in Wales, is a regulated activity relating to children—

(a) acting as a child minder so as to give rise to a requirement to register under section 21 of the Children and Families (Wales) Measure 2010;

(b) an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight (or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010).

(7) For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with section 19 of the Children and Families (Wales) Measure 2010.

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

(9) The exercise of a function of the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales is a regulated activity relating to children.

(9A) The exercise of a function so far as the function—

(a) relates to any of the matters mentioned in sub-paragraph (9B),

(b) gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, and

is a regulated activity relating to children.

(9B) The matters in this sub-paragraph are—

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

(b) the exercise of a power under section 41 or 42 of the Children and Families (Wales) Measure 2010 (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place);

(c) any step taken in relation to Wales for the purposes of section 87(3) of the Children Act 1989 (welfare of children in boarding schools and colleges);

(d) an inspection in Wales under section 87(6) of that Act (inspection of boarding school or college);

(e) any step taken in relation to Wales by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges)—

(i) for the purposes of an agreement made in accordance with section 87A(2) of that Act, or

(ii) in order to comply with any requirement imposed on the person under section 87B of that Act;

(f) an inspection under section ... 18C of the Education Act 1994 (inspection of teacher training);

(g) an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales);

(h) an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act);

(i) an inspection under Part 4 of the Learning and Skills Act 2000 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales);

(ia) an inspection under section 57, 58, 59, 60 or 63 of the Tertiary Education and Research (Wales) Act 2022 (inspection of further education and training, etc. by Her Majesty’s Chief Inspector of Education and Training in Wales);

(j) a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales);

(k) a review under section 149B of that Act as applied by section 30 of the Children Act 2004 (review or investigation of the functions of children’s services authorities in Wales);

(l) an inspection under section 28 of the Education Act 2005 (duty of Her Majesty’s Chief Inspector of Education and Training in Wales to arrange regular inspections of certain schools);

(m) an inspection under section ... 50 of that Act (inspection of religiousdenominational education);

(n) an inspection in Wales under section 51 of that Act (power of local education authorities to inspect maintained school for specific purpose);

(o) an inspection under section 55 of that Act (inspection of careers services in Wales);

(p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(q) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(r) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(t) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9C) The exercise of a function to which sub-paragraph (10) applies so far as the function—

(a) relates to the inspection of an establishment mentioned in paragraph 3(1), and

(b) gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,

is a regulated activity relating to children.

(10) This sub-paragraph applies to a function of—

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

(b) HM Chief Inspector of Education and Training in Wales;

(ba) a body approved under section 106 of the Education and Skills Act 2008 (bodies approved to inspect registered independent educational institutions in England);

(c) a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school in Wales ;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Welsh Ministers.

(11) The exercise of a function of the Welsh Ministers so far as the function—

(a) relates to the inspection of an establishment, agency , service provider or body falling within sub-paragraph (12), and

(b) gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children,

is a regulated activity relating to children.

(12) An establishment, agency , service provider or body falls within this sub-paragraph if it is—

(a) an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14),

(b) an agency in relation to which such a requirement arises, ...

(ba) a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,

(c) an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),

and it provides any form of treatment or therapy for children.

(12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In sub-paragraph (12)(c) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).

(13A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(14) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1), (2), (9A), (9C) or (11) is a regulated activity relating to children.

(15) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.

Activities

2

(1) The activities referred to in paragraph 1(1) are—

(a) any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children;

(b) any form of care for or supervision of children, unless the care or supervision is merely incidental to care for or supervision of persons who are not children;

(c) any form of advice or guidance provided wholly or mainly for children, if the advice or guidance relates to their physical, emotional or educational well-being;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children;

(f) driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.

(2) Sub-paragraph (1)(a), (b) and (c) do not include—

(a) teaching, training or instruction provided to a child in the course of his employment;

(b) care for or supervision of a child in the course of his employment;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Sub-paragraph (2) does not apply if—

(a) the child has not attained the age of 16, and

(b) the activity is carried out by a person in respect of whom arrangements exist principally for that purpose.

(3A) Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.

(3B) Sub-paragraph (1)(b)—

(a) does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and

(b) does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.

(3C) The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.

(3D) Sub-paragraph (1)(c) does not include any legal advice.

(4) For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting children, he has any function relating to—

(a) monitoring the content of matter which forms any part of the service,

(b) removing matter from, or preventing the addition of matter to, the service, or

(5) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—

(a) access to the content of the matter;

(b) contact with users of the service.

(6) In sub-paragraph (2) employment includes any form of work which is carried out under the supervision or control of another, whether or not the person carrying it out is paid for doing so.

Establishments

3

(1) The establishments referred to in paragraph 1(2) and (9C) are—

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

(aa) a school falling within section 19(2) or (2B) 19(2B) or 19A(2) of the Education Act 1996 (pupil referral units etc ) which does not fall within sub-paragraph (1)(a);

(ab) an alternative provision Academy which does not fall within paragraph (a);

(b) an establishment which is exclusively or mainly for the provision of nursery education (within the meaning of section 117 of the School Standards and Framework Act 1998 (c. 31));

(d) an institution which is exclusively or mainly for the detention of children;

(da) premises in Wales at which a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided;

(e) a children's home in England (within the meaning of section 1 of the Care Standards Act 2000 (c. 14));

(ea) premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to children;

(f) a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41);

(fa) a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);

(g) relevant childcare premises.

(2) Relevant childcare premises are any part of premises on which a person carries on—

(a) any form of childcare (within the meaning of section 18 of the Childcare Act 2006 (c. 21)) in respect of which he must be registered under that Act;

(b) any form of such childcare in respect of which he may be registered under that Act, whether or not he is so registered;

(c) any form of child minding or day care (within the meaning of section 19 of the Children and Families (Wales) Measure 2010) in respect of which he must be registered under that Act.

(3) But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided.

(4) For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.

(5) “Parental responsibility” has the same meaning as in the Children Act 1989.

Positions

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

A person who is part of a group in relation to which another (P) engages in regulated activity relating to children does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this paragraph, would amount to engaging in regulated activity relating to children.

Exceptions

6

The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity.

Part 2 — Regulated activity relating to vulnerable adults

7

(1) Each of the following is a regulated activity relating to vulnerable adults—

(a) the provision to an adult of health care by, or under the direction or supervision of, a health care professional,

(b) the provision to an adult of relevant personal care,

(d) the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability,

(e) any relevant assistance in the conduct of an adult's own affairs,

(f) the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability,

(g) such activities—

(i) involving, or connected with, the provision of health care or relevant personal care to adults, and

(ii) not falling within any of the above paragraphs,

as are of a prescribed description.

(2) Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

(3) A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.

(3A) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid.

(3B) Relevant personal care means—

(a) physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with—

(i) eating or drinking (including the administration of parenteral nutrition),

(ii) toileting (including in relation to the process of menstruation),

(iii) washing or bathing,

(iv) dressing,

(v) oral care, or

(vi) the care of skin, hair or nails,

(b) the prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the activities listed in paragraph (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or

(i) relates to the performance of any of the activities listed in paragraph (a),

(ii) is given to a person who is in need of it by reason of age, illness or disability, and

(iii) does not fall within paragraph (b).

(3C) Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and social care worker means a person who is a social care worker by virtue of section 55(2)(a) of that Act.

(3CA) In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act.

(3D) Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person—

(a) managing the person's cash,

(b) paying the person's bills,

(3E) Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of—

(a) a lasting power of attorney created in respect of the person in accordance with section 9 of the Mental Capacity Act 2005,

(b) an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the person which is—

(i) registered in accordance with that Schedule, or

(ii) the subject of an application to be so registered,

(c) an order made under section 16 of that Act by the Court of Protection in relation to the making of decisions on the person's behalf,

(d) the appointment of an independent mental health advocate or (as the case may be) an independent mental capacity advocate in respect of the person in pursuance of arrangements under section 130A of the Mental Health Act 1983 or section 35 of the Mental Capacity Act 2005,

(e) the provision of independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006) in respect of the person, or

(f) the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration Act 1992.

(3EA) Relevant assistance in the conduct of a person’s own affairs is also representing or supporting the person in pursuance of arrangements made under section 67 or 68 of the Care Act 2014 (independent advocacy support).

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

(5) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1) ... is a regulated activity relating to vulnerable adults.

(6) The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults.

(7) An inspection function is a function relating to the inspection of—

(a) a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act),

(b) an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000,

(d) a person to whom Part 2 of that Act applies in pursuance of regulations under section 42 of that Act,

(da) a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,

(e) an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003, or

(f) any person, other than a local authority, providing ... Welsh local authority social services within the meaning of that section,

in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.

(8) In sub-paragraph (7)(e) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).

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

(9) The exercise of a function of the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales is a regulated activity relating to vulnerable adults.

(10) A person who is part of a group in relation to which another (P) engages in regulated activity relating to vulnerable adults does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this sub-paragraph, would amount to engaging in regulated activity relating to vulnerable adults.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.

Part 3 — The period condition

10

(1) The period condition is satisfied if the person carrying out the activity does so at any time on more than three days in any period of 30 days.

(2) In relation to an activity that falls within paragraph 2(1)(a), (b) or (c) ..., the period condition is also satisfied if—

(a) the person carrying out the activity does so at any time between 2 a.m. and 6 a.m, and

(b) the activity gives the person the opportunity to have face-to-face contact with children ... .

SCHEDULE 5

Part 1 — Default position

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Prescribed verification

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 3 — Prescribed verification

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 — Definitions and power to amend

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

Offences

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defences

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modified meaning of regulated activity

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend paragraph 2(1)(c)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offence: acting for P etc

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

1

This is the table referred to in sections 30A and 30B—

2

The Secretary of State may by order amend this Schedule.

3

(1) In entries 1 and 5 in the table the reference to regulated activity must be construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 4 if the activity—

(a) relates to a child who has not attained the age of 16, or

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

(2) In entries 1, 5 and 9 in the table the reference to regulated activity includes a reference to an activity which would be a regulated activity if—

(a) it were carried out frequently, or

(b) it were not merely incidental to another activity.

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

4

Parental responsibility has the same meaning as in the Children Act 1989 (c. 41).

5

A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.

6

An adult placement scheme is a scheme—

(a) under which an individual agrees with the person carrying on the scheme to provide accommodation, in the home in which the individual ordinarily resides, 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, ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Advice by IBB

1

DBS must provide the Secretary of State with such advice as he requests in connection with—

(a) any decision in relation to the inclusion of a person in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);

(b) any decision in relation to the inclusion of a person in the list kept under section 81 of the Care Standards Act 2000 (c. 14);

Existing restrictions relating to children

2

(1) This paragraph applies to a person who is—

(a) included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (individuals considered unsuitable to work with children);

(b) disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (c. 43);

(2) The Secretary of State may, by order, make such provision as he thinks appropriate—

(a) requiring DBS to include the person in the children's barred list;

(b) requiring DBS to consider including the person in the children's barred list;

(c) as to circumstances in which the person may make representations to DBS and the time at which such representations may be made;

(d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;

(e) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with DBS's consideration of any matter relating to the person.

(3) An order under this paragraph may contain provision—

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

(b) enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998;

(d) for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b).

(4) In sub-paragraph (3)(d) “prescribe” means prescribe by regulations made by statutory instrument.

(5) Regulations made by virtue of sub-paragraph (3)(c) are subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Regulations made by virtue of sub-paragraph (3)(d) are subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(7) Sections 61(5) and 64(1) apply to power to make regulations by virtue of sub-paragraph (3)(d) as they apply to power to make regulations under this Act.

Existing restrictions relating to vulnerable adults

3

(1) This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (c. 14) (individuals considered unsuitable to work with certain adults).

(2) The Secretary of State may, by order, make such provision as he thinks appropriate—

(a) requiring DBS to include the person in the adults' barred list;

(b) requiring DBS to consider including the person in the adults' barred list;

(c) as to circumstances in which the person may make representations to DBS and the time at which such representations may be made;

(d) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;

(e) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with DBS's consideration of any matter relating to the person.

Existing restrictions: supplementary

4

An order under paragraph 2 or 3 may—

(a) modify any criminal offence created by this Act;

(b) create any new criminal offence,

but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.

Modifications relating to monitoring

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Part 1 — Existing lists

Children Act 1989 (c. 41)

1

In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert—

(ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);

Teaching and Higher Education Act 1998 (c. 30)

2

The Teaching and Higher Education Act 1998 is amended as follows.

3

Section 2(4) (advisory functions of General Teaching Council) is omitted.

4

In section 3(3) (eligibility for registration), after paragraph (a) insert—

(aa) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006),

5

(1) Section 15 (supply of information following dismissal etc) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “a person's services on a ground mentioned in section 142 of the Education Act 2002” substitute “ the services of a registered teacher on a ground mentioned in subsection (1A) ”;

(b) in paragraph (b)—

(i) for “a person's” substitute “ a registered teacher's ”;

(ii) for “section” substitute “ subsection ”;

(iii) for “the person” substitute “ the teacher ”.

(3) After subsection (1) insert—

(1A) The grounds are— (a) misconduct; (b) professional incompetence; (c) conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2.

(4) In subsection (2)—

(a) for “a person” substitute “ a teacher ”;

(b) for the words from “such of the following” to the end substitute “ the Council ”.

(5) In subsection (3)—

(a) for “a person” substitute “ a teacher ”.

(b) for the words from “such of the following” to the end substitute “ the General Teaching Council for Wales ”.

(6) Omit subsection (4).

(7) In subsection (5) for the definition of “relevant employer” substitute—

“relevant employer” means— (a) a local education authority; (b) a person exercising a function relating to the provision of education on behalf of a local education authority; (c) the proprietor of a school; (d) the governing body of a further education institution; “education” includes vocational, social, physical and recreational training; “proprietor” and “school” have the meanings given in the Education Act 1996; “further education institution” has the meaning given in section 140 of the Education Act 2002;

6

(1) Section 15A (supply of information by contractor, agency, etc) is amended as follows.

(2) In subsection (1) for “another person (the “worker”)” substitute “ a registered teacher (the “teacher”) ”.

(3) In subsection (2)—

(a) in paragraph (a) for “section 142 of the Education Act 2002” substitute “ section 15(1A) ”;

(b) in paragraph (b) for “section” substitute “ subsection ”;

(i) for “worker” substitute “ teacher ”;

(ii) for “section” substitute “ subsection ”.

(4) In subsection (3)—

(a) for “worker” substitute “ teacher ”;

(b) for the words from “such of the following” to the end substitute “ the Council ”.

(5) In subsection (4)—

(a) for “worker” substitute “ teacher ”;

(b) for the words from “such of the following” to the end substitute “ the General Teaching Council for Wales ”.

(6) In subsection (9)—

(a) for “Subsections (4) and” substitute “ Subsection ”;

(b) for “they apply” substitute “ it applies ”.

7

In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from “of the powers exercisable” to the end substitute “ of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006 ”.

Protection of Children Act 1999 (c. 14)

8

(1) The Protection of Children Act 1999 is amended as follows.

(2) Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted.

(3) In section 9 (the Tribunal)—

(a) in subsection (1), omit the words from “ which shall exercise ” to the end;

(b) in subsection (2)—

(i) omit paragraphs (a) and (b);

(ii) in paragraph (d), for “68, 86, 87 or 88” substitute “ or 68 ”;

(iii) omit paragraph (e);

(4) In section 12 (interpretation)—

(a) in subsection “ (1) ”, omit all the definitions except the definition of “prescribed”;

(b) omit subsections “ (2) to (3A) ”.

Care Standards Act 2000 (c. 14)

9

Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted.

Childcare Act 2006

10

(1) In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert—

(ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);

Part 2 — Other amendments

Police Pensions Act 1976 (c. 35)

11

(1) The Police Pensions Act 1976 is amended as follows.

(2) In section 7(2) (persons eligible for police pensions), after paragraph (cf) insert—

(cg) a member of staff of the Independent Barring Board who holds the office of constable;

(3) In section 11—

(a) in subsection (1) (references to membership of a police force etc.), after paragraph (bf) insert—

(bg) service, by a person holding the office of constable, as a member of staff of the Independent Barring Board;

(b) in subsection (2) (meaning of “police authority”), after paragraph (f) insert—

(bg) in relation to any service such as is mentioned in subsection (1)(bg), it means the Independent Barring Board;

Children Act 1989 (c. 41)

12

In section 68 of the Children Act 1989 (persons disqualified from being private foster parents) after subsection (3) insert—

(3A) A person shall not foster a child privately if— (a) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or (b) he lives in the same household as a person who is barred from such activity.

Police Act 1996 (c. 16)

13

(1) Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows.

(2) In subsection (1) (meaning of “relevant service”), after paragraph (cg) insert—

(ch) temporary service with the Independent Barring Board on which a person is engaged with the consent of the appropriate authority;

(3) In subsections (6)(a) and (8), after “(cg)” insert “ , (ch) ”>.

Police Act 1997 (c. 50)

14

(1) The Police Act 1997 is amended as follows.

(2) In section 113A (criminal record certificates) after subsection (6) insert—

(7) The Secretary of State may by order amend the definitions of “central records” and “relevant matter” in subsection (6). (8) The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament.

(3) In section 113B (enhanced criminal record certificates), in subsection (2)(b) after “required” insert “ for the purposes of an exempted question asked ”.

(4) After section 113B insert—

(113BA) (1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children. (2) Suitability information relating to children is— (a) whether the applicant is barred from regulated activity relating to children; (b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred; (c) whether the applicant is subject to monitoring in relation to regulated activity relating to children; (d) whether the Independent Barring Board is considering whether to include the applicant in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the 2006 Act. (3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act. (4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006. (113BB) (1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults. (2) Suitability information relating to vulnerable adults is — (a) whether the applicant is barred from regulated activity relating to vulnerable adults; (b) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred; (c) whether the applicant is subject to monitoring in relation to regulated activity relating to vulnerable adults; (d) whether the Independent Barring Board is considering whether to include the applicant in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the 2006 Act. (3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that “prescribed” must be construed in accordance with section 125 of this Act. (4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006. (113BC) (1) The Secretary of State may by order made by statutory instrument— (a) amend section 113BA for the purpose of altering the meaning of suitability information relating to children; (b) amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults. (2) Such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

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

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

(7) In section 119 (sources of information)—

(a) in subsection (1), for the words from “his functions” to the end substitute “ a relevant function ”;

(b) before subsection (2) insert—

(1B) The Secretary of State may require the chief officer of a police force to make available such information as he may specify for the purpose of determining, in relation to applications under section 113B, whether the police force is a relevant police force.

;

(d) after subsection (7) insert—

(8) In this section a relevant function is a function of the Secretary of State — (a) under this Part in relation to any application for a certificate or for registration; (b) under this Part in relation to the determination of whether a person should continue to be a registered person; (c) under section 24 of the Safeguarding Vulnerable Groups Act 2006 in relation to monitoring a person in relation to a regulated activity (within the meaning of that Act); (d) under paragraph 1, 2, 7 or 8 of Schedule 3 to that Act (considering whether criteria prescribed for the purpose of that paragraph apply to an individual).

Data Protection Act 1998 (c. 29)

15

(1) The Data Protection Act 1998 is amended as follows.

(2) In section 56 (prohibition of requirement as to production of certain records) in the table in subsection (6)—

(a) in the second column of the entry relating to the Secretary of State, after paragraph (f) insert—

	(g) His functions under the Safeguarding Vulnerable Groups Act 2006.

(b) after the entry relating to the Department of Health and Social Services in Northern Ireland insert—

4. The Independent Barring Board	Its functions under the Safeguarding Vulnerable Groups Act 2006.

(3) In section 75 (commencement etc.), after subsection (4) insert—

(4A) Subsection (4) does not apply to section 56 so far as that section relates to a record containing information relating to— (a) the Secretary of State's functions under the Safeguarding Vulnerable Groups Act 2006, or (b) the Independent Barring Board's functions under that Act.

Care Standards Act 2000 (c. 14)

16

In section 58 of the Care Standards Act 2000, after subsection (3) insert—

(4) For the purposes of subsection (1)(a), in considering whether a person is of good character, the Council may have regard to whether he is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006).

SCHEDULE 10

Barred lists

Barred person not to engage in regulated activity

Controlled activity relating to vulnerable adults

Controlled activity: regulations

Controlled activity relating to vulnerable adults

Provision of vetting information

Independent monitor

Registers: power to apply for vetting information

Devolution: Wales

Membership

Tenure of office

Remuneration, pension etc. of members

Staff

Remuneration, pensions etc. of staff

Delegation of functions

Reports

Funding

Accounts

Status

Payments in connection with maladministration

Incidental powers

Documents

Staff transfer schemes

Property transfer schemes

Schemes: supplementary

Automatic inclusion

Inclusion subject to consideration of representations

Behaviour

Risk of harm

Restriction on inclusion

Automatic inclusion

Inclusion subject to consideration of representations

Behaviour

Risk of harm

Restriction on inclusion

Procedure

Representations

Review

Information

Prescribed criteria

Regulated activity: general

Activities

Establishments

...

Exceptions

Offences

...

Power to amend paragraph 2(1)(c)

......

Advice by DBS

Existing restrictions relating to children

Existing restrictions relating to vulnerable adults

Existing restrictions: supplementary

...

Children Act 1989 (c. 41)

Teaching and Higher Education Act 1998 (c. 30)

Protection of Children Act 1999 (c. 14)

Care Standards Act 2000 (c. 14)

Childcare Act 2006

Police Pensions Act 1976 (c. 35)

Children Act 1989 (c. 41)

Police Act 1996 (c. 16)

Police Act 1997 (c. 50)

Data Protection Act 1998 (c. 29)

Care Standards Act 2000 (c. 14)

Editorial notes

[^key-004c2b48edc654305dd61229b10c2e77]: Sch. 4 para. 8 repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(8), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)

[^key-011a32aa6e8576887499335d87d9e5d6]: Words in s. 7(6) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-0143b7137f50fb0cd8ef69b06ea2b880]: Words in Sch. 4 para. 7(5) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), ss. 66(4), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)

[^key-0159ec8e572d3fc3d75227751c73f27d]: Word in Sch. 8 para. 3(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 3(h) (with Pt. 4)

[^key-01ea236e29c20210511baa1b1b3e5583]: S. 54(3)-(5) in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.

[^key-02bf62e9b2fa906ea1837a0e5eceb565]: Words in Sch. 8 para. 2(7) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 2 para. 27(5)(c); S.I. 2012/924, art. 2

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