The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 2) Order 2008

Made: 14th May 2008

In accordance with section 56(3)(p) of that Act he has consulted the Welsh Ministers:

Citation and interpretation

1

• (1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 2) Order 2008.

• (2) In this Order, “the Act” means the Safeguarding Vulnerable Groups Act 2006.

Provisions coming into force on 19th May 2008

2

19th May 2008 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 3(1) and (2)(a) (barred persons) and Schedule 4 (regulated activity) for the purposes of regulations made under section 75 of the Childcare Act 2006 (disqualification from registration)²;

• (b) section 4 (appeals), in so far as it is not already in force;

• (c) section 25 (monitoring: fees);

• (d) paragraph 10 of Schedule 9 (amendments) and section 63(1) (amendments and repeals) in so far as it relates to that paragraph.

Provisions coming into force on 19th May 2008 extending to the whole of the United Kingdom

3

19th May 2008 is the day appointed for the coming into force of paragraph 15³ of Schedule 9 to the Act (amendments) and section 63(1) (amendments and repeals) in so far as it relates to that paragraph.

Provisions coming into force on 19th May 2008 for the purposes of making regulations under the Safeguarding Vulnerable Groups Act 2006

4

19th May 2008 is the day appointed for the coming into force of the following provisions of the Act for the purposes of making regulations—

• (a) section 11(2) (regulated activity provider: failure to check);

• (b) section 13(1) and (5) (educational establishments: check on members of governing body);

• (c) section 14(1), (2) and (3) (office holders: offences);

• (d) section 24(1)(c) and (d), (8)(a) and (c), (10), (11) and (12)(d) (monitoring);

• (e) section 26(1) (ceasing monitoring);

• (f) section 30(7) and (8) (provision of vetting information);

• (g) section 32(10) (notification of cessation of monitoring);

• (h) section 33(3) and (4)(b) (cessation of registration);

• (i) section 35(1) (regulated activity providers: duty to refer);

• (j) section 36(1), (2) and (3) (personnel suppliers: duty to refer);

• (k) section 37(2) (regulated activity providers: duty to provide information on request &c.);

• (l) section 39(1) and (5) (local authorities: duty to refer);

• (m) section 40(2) (local authorities: duty to provide information on request);

• (n) section 41(1) and (5) (registers: duty to refer);

• (o) section 42(2) (registers: duty to provide information on request);

• (p) section 44(7) (registers: power to apply for vetting information);

• (q) section 45(1) and (5) (supervisory authorities: duty to refer);

• (r) section 46(1)(a) and (2) (supervisory authorities: duty to provide information on request);

• (s) section 47(7) (supervisory authorities: power to apply for vetting information);

• (t) section 48(7) and (8) (supervisory authorities: notification of barring &c. in respect of children);

• (u) section 49(7) and (8) (supervisory authorities: notification of barring &c. in respect of vulnerable adults);

• (v) paragraphs 19(1)(b) and 21 of Schedule 3 (barred lists) and section 2(4) (barred lists) in so far as it relates to those paragraphs;

• (w) paragraphs 2(1)(f) and 7(1)(f) of Schedule 4 (regulated activity) and section 5(1) and (2) (regulated activity) in so far as it relates to those paragraphs;

• (x) paragraphs 1(1), 2(1)(a), 3(1)(c) and (2), 4(1)(c) and (2), 5, 6(1)(c) and (2), 7(1)(c) and (2), 8, 9(1)(c) and (2) and 10(1)(c) and (2) of Schedule 5 (appropriate verification);

• (y) paragraph 2(1) of Schedule 6 (employment businesses: failure to check) and section 12(1) (personnel suppliers: failure to check) in so far as it relates to that paragraph;

• (z) paragraph 1 of Schedule 7 (vetting information).

Provisions coming into force on 19th May 2008 for the purposes of making orders under the Safeguarding Vulnerable Groups Act 2006

5

19th May 2008 is the day appointed for the coming into force of the following provisions of the Act for the purposes of making orders—

• (a) section 3(2)(b) and (3)(b) (barred persons);

• (b) section 5(3) and (4) (regulated activity);

• (c) section 6(12) (regulated activity providers);

• (d) section 12(2) (personnel suppliers: failure to check);

• (e) section 31(6) (meaning of relevant information in section 30);

• (f) section 41(8) (registers: duty to refer);

• (g) section 43(7) (registers: notice of barring and cessation of monitoring);

• (h) section 44(6) (registers: power to apply for vetting information);

• (i) section 45(9) (supervisory authorities: duty to refer);

• (j) section 47(6) (supervisory authorities: power to apply for vetting information);

• (k) section 48(6) (supervisory authorities: notification of barring &c. in respect of children);

• (l) section 49(6) (supervisory authorities: notification of barring &c. in respect of vulnerable adults);

• (m) section 54(1) and (2) (devolution: alignment);

• (n) section 58(6) (family and personal relationships);

• (o) paragraphs 6(1)(b), (2) and (3), 12(1)(b), (2) and (3) and 16(5) of Schedule 3 (barred lists) and section 2(2), (3) and (4) (barred lists) in so far as it relates to those paragraphs;

• (p) paragraphs 6 and 9 of Schedule 4 (regulated activity);

• (q) paragraph 14 of Schedule 5 (appropriate verification);

• (r) paragraph 5 of Schedule 6 (employment businesses: failure to check) and section 12(1) (personnel suppliers: failure to check) in so far as it relates to that paragraph;

• (s) paragraph 2 of Schedule 7 (vetting information).

Signed

Kevin Brennan — Parliamentary Under Secretary of State — Department for Children, Schools and Families — 14th May 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the third Commencement Order made under the Safeguarding Vulnerable Groups Act 2006 (“the Act”). Article 2 of this Order brings fully into force section 4 of the Act, which makes provision for appeals against decisions of the Independent Barring Board to include an individual in, or not to remove them from, one of the barred lists. The Independent Barring Board is established under section 1 of the Act. The barred lists are the children’s barred list and the adults’ barred list established and maintained under section 2 of the Act.

Article 2 also brings into force section 25, which makes provision relating to the prescribing of fees in relation to monitoring applications under section 24, and paragraph 10 of Schedule 9 to the Act. Paragraph 10 makes amendments to the Childcare Act [2006 (c.21)](https://www.legislation.gov.uk/ukpga/2006/21) which allow regulations made under section 75 of that Act to provide that a person who is barred from engaging in regulated activity with children is also disqualified from registration under the Childcare Act. Article 2 brings section 3(2)(a) of, and Schedule 4 to, the Act into force for the purposes of such regulations.

Article 3 brings into force paragraph 15 of Schedule 9 to the Act which makes amendments to the Data Protection Act [1998 (c.29)](https://www.legislation.gov.uk/ukpga/1998/29). As section 66(3) of the Act provides that the amendment of an enactment in Schedule 9 to the Act has the same extent as the enactment amended, the amendment made by paragraph 15 extends to the whole of the United Kingdom.

Article 4 brings into force provisions under which the Secretary of State may make regulations. Article 5 brings into force provisions under which he may make orders.

Footnotes