The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010

Made: 30th March 2010

Coming into force in accordance with regulation 1

A draft of these Regulations was laid before Parliament in accordance with section 61(3) of that Act and approved by resolution of each House of Parliament:

Citation and commencement

1

These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 and come into force on the day after the day on which they are made.

Circumstances in which a responsible person must not permit another to engage in a controlled activity in England relating to children

2

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Circumstances in which a responsible person must not permit another to engage in controlled activity in England relating to vulnerable adults

3

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Modification of section 113A of the Police Act 1997

4

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Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to children

5

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Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to vulnerable adults

6

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Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to children and for work which is a controlled activity relating to vulnerable adults

7

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Further modification of section 113B of the Police Act 1997

8

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Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009

9

• (1) The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009⁵ are amended as follows.

• (2) In regulation 1—

• (a) for paragraphs (6) and (7), substitute—

(6) In regulations 3 to 6— (a) a reference to an offence, A, specified in the Schedule includes a reference to an offence, B, which in relation to offence A is a connected offence, and (b) a reference to being convicted of an offence specified in the Schedule includes a reference to being convicted of— (i) an Islands offence, or (ii) a relevant foreign offence. (7) In paragraph (6)(b), an Islands offence is an offence satisfying the criteria in paragraph (7A) and a relevant foreign offence is an offence satisfying the criteria in paragraph (8). (7A) The criteria are that— (a) the offence is one under the law in force in the Isle of Man or any of the Channel Islands; (b) the conduct which constitutes the offence would, if carried out in England and Wales, amount to an equivalent offence which is specified in the Schedule; and (c) where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.

; and

• (b) after paragraph (8), insert—

(8A) For the purposes of paragraph (7A), an act punishable under the law in force in the Isle of Man or any of the Channel Islands constitutes an offence under that law however it is described in that law.

• (3) In paragraph 2 of the Schedule⁶, in Part 2 of the table omit—

• (a) “Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, section 9”, and

• (b) “Sexual Offences (Scotland) Act 1976, section 3”.

• (4) In paragraph 4 of the Schedule⁷, in Part 1 of the table—

• (a) at the appropriate places in the first column, insert—

• (i) “Sexual Offences Act 2003⁸, section 66”,

• (ii) “Sexual Offences Act 2003, section 67”,

• (iii) “Sexual Offences (Northern Ireland) Order 2008⁹, Article 70”, and

• (iv) “Sexual Offences (Northern Ireland) Order 2008, Article 71”;

• (b) in the second column, at places that correspond with each of the entries mentioned in subparagraph (a), insert “The offence was committed against a child under the age of 16”;

• (c) in the first column, omit—

• (i) “Sexual Offences Act 1956, section 1”, and

• (ii) “Sexual Offences Act 2003, section 1”; and

• (d) in the second column, omit the entries that correspond with the entries mentioned in subparagraph (c).

• (5) In paragraph 4 of the Schedule, in Part 2 of the table—

• (a) omit—

• (i) “Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, section 9”,

• (ii) “Sexual Offences Act 2003, section 66”,

• (iii) “Sexual Offences Act 2003, section 67”,

• (iv) “Sexual Offences (Northern Ireland) Order 2008, Article 70”, and

• (v) “Sexual Offences (Northern Ireland) Order 2008, Article 71”; and

• (b) at the appropriate places in the first column insert—

• (i) “Sexual Offences Act 1956, section 1¹⁰”, and

• (ii) “Sexual Offences Act 2003, section 1”.

• (6) Article 24(3)(b) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous Provisions and Commencement No. 5) Order 2009¹¹ is revoked.

Signed

Delyth Morgan — Parliamentary Under Secretary of State — Department for Children, Schools and Families — 30th March 2010

Editorial notes

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations, made under the Safeguarding Vulnerable Groups Act 2006 (“the Act”), make provision relating to controlled activity and to the criteria prescribed for the purposes of various paragraphs in Schedule 3 (barred lists) to the Act. The Regulations come into force on the day after the day on which they are made.

Regulation 2 provides that a responsible person, as defined in section 23(3) of the Act, may only permit another to engage in controlled activity relating to children, as defined in section 21 of the Act, in the circumstances specified in that regulation; this restriction does not apply if permission was given before the Regulations came into force and remains in place after that date. Regulation 3 makes provision in relation to controlled activity relating to vulnerable adults, as defined in section 22 of the Act, in terms similar to the provision made in regulation 2. Regulations 2 and 3 apply in relation only to controlled activity in England.

Regulation 4 modifies section 113A of the Police Act 1997. The modification provides that the duty of the Secretary of State to issue a criminal record certificate does not apply if the exempted question for which the certificate is required relates to the assessment of the suitability of a person for any work which is a controlled activity relating to children or a controlled activity relating to vulnerable adults.

Regulations 5, 6 and 7 modify section 113B of the Police Act 1997. The modifications provide for the Secretary of State to issue a notification stating that the person is not barred from regulated activity in relation to children and/or vulnerable adults, instead of an enhanced criminal record certificate. The notification is relevant to the circumstances specified in regulations 2 and 3. The modifications do not apply if the controlled activity is work in a further education institution where the normal duties of that work involve regular contact with persons aged under 18. Regulation 8 makes a textual modification of section 113B of the Police Act 1997, referring to regulations 5, 6 and 7.

Regulation 9 amends the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 which prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained under section 2 of the Act.

An assessment of the impact of these Regulations is set out at section 10 of the Explanatory Memorandum which is available alongside these Regulations on the OPSI website.

Footnotes