The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 3) Order 2009

Made: 14th January 2009

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. 3) Order 2009.

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

Provisions coming into force on 20th January 2009

2

• (1) 20th January 2009 is the day appointed for the coming into force of the following provisions of the Act—

• (a) section 2 (barred lists), for the purposes of the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009[^f00002];

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

• (c) section 28 (independent monitor);

• (d) section 29 (Part 5 of the Police Act 1997: code of practice);

• (e) section 37 (regulated activity providers: duty to provide information on request) and the provisions specified in paragraph (2), in so far as they relate to that section;

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

• (g) section 42 (registers: duty to provide information on request) and section 41(7) (registers: duty to refer), in so far as it relates to that section;

• (h) section 46 (supervisory authorities: duty to provide information on request) and section 45(7) (supervisory authorities: duty to refer), in so far as it relates to that section;

• (i) section 53 (fostering);

• (j) section 57 (damages);

• (k) paragraphs 1 to 3, 4(1) to (4) and (6), 5, 7 to 9, 10(1) to (4) and (6), 11, 14 to 20, 22, 23, 24(3) to (7)[^f00003] and 25 of Schedule 3 (barred lists), in so far as they are not already in force;

• (l) the provisions in Schedule 9 (amendments) specified in paragraph (3) in so far as they are not already in force and section 63(1) (amendments and repeals) in so far as it relates to those provisions.

• (2) The provisions are—

• (a) section 6 (regulated activity providers);

• (b) section 21 (controlled activity relating to children);

• (c) section 22(1) to (4), (5)(a) and (b) and (6) (controlled activity relating to adults);

• (d) section 23(3) (controlled activity: regulations);

• (e) section 38 (duty to provide information: offences).

• (3) The provisions are—

• (a) paragraph 5(2), (3), (6) and (7), in relation to England;

• (b) paragraph 5(4);

• (c) paragraph 5(1), in so far as it relates to the provisions specified in paragraphs (a) and (b);

• (d) paragraph 6(2), (3) and (6), in relation to England;

• (e) paragraph 6(4);

• (f) paragraph 6(1), in so far as it relates to the provisions specified in paragraphs (d) and (e);

• (g) paragraph 7, in relation to England;

• (h) paragraph 2, in so far as it relates to the provisions specified in paragraphs (a) to (g).

Signed

Delyth Morgan — Parliamentary Under Secretary of State — Department for Children, Schools and Families — 14th January 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the fifth Commencement Order made under the Safeguarding Vulnerable Groups Act 2006 (“the Act”). Article 2 brings into force section 2 of the Act for the purposes of the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2008 (“the Transitory Order”), as well as related provisions in Schedule 3 to the Act, which makes provision relating to barring. These provisions relate to the maintenance of a children’s barred list and an adults’ barred list and the process by which a person may be included in, or removed from, either list.

Article 2 also brings section 5 and Schedule 4 into force in full, providing the definition of regulated activity for the purposes of the Act, as well as bringing into force section 53, which defines, and makes provision relating to, fostering (once section 3 of the Act is in force, a person who is included in one of the barred lists will be barred from engaging in the regulated activity to which the list relates; by virtue of paragraph 1(5) of Schedule 4, fostering is regulated activity relating to children).

In addition, article 2 brings into force sections 37, 40, 42 and 46 of the Act, which impose duties on various persons to provide information to the Independent Barring Board (“IBB”) at the IBB’s request (the IBB is established under section 1 of the Act), together with section 57, which makes provision relating to damages where a person has suffered loss or damage in consequence of an individual being included in a barred list, or of the provision of information in pursuance of duties including those mentioned above.

Article 2 also brings into force in relation to England amendments to the Teaching and Higher Education Act [1998 (c. 30)](https://www.legislation.gov.uk/ukpga/1998/30). These amendments will have the effect that some people whose cases would formerly have been referred to the Secretary of State will now be referred to the General Teaching Council for England.

Finally, article 2 brings into force sections 28 and 29, which amend the Police Act 1997 (c. 50) in relation to England, Wales and Northern Ireland. Section 28 places the post of Independent Monitor of relevant police information, disclosed as part of the Criminal Records Bureau’s Enhanced Disclosure process, on a statutory footing and applies similar provisions to relevant police information to be provided to the IBB. The Monitor plays a vital role in ensuring that an individual’s right to privacy and family life, in accordance with Article 8 of the European Convention of Human Rights, is not infringed arbitrarily or unnecessarily. Section 29 extends the remit of the code of practice required to be published under section 122 of the Police Act and also broadens the range of options at the disposal of the Secretary of State in the event that a person or body fails to comply with the code.

Footnotes

[^f00001]: 2006 c.47.

[^f00002]: S.I. 2009/12.

[^f00003]: Paragraph 24 was amended by S.I. 2008/3050.