The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 8 and Saving) Order 2012

Made: 28th August 2012

The Secretary of State makes the following Order in exercise of the powers conferred by sections 64(1)(b), (2)(b) and 65 of the Safeguarding Vulnerable Groups Act 2006[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 8 and Saving) Order 2012.

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

Provisions coming into force on 10th September 2012

2

The appointed day for the coming into force of the following provisions of the Act is 10th September 2012—

• (a) section 43(6)[^f00002];

• (b) section 43(7) insofar as it is not already in force;

• (c) section 47(1) to (4)[^f00003];

• (d) section 47(7)[^f00004] insofar as it is not already in force;

• (e) section 50[^f00005] (provision of information to supervisory authorities) insofar as it is not already in force.

Provisions coming into force on the day on which section 72 of the Protection of Freedoms Act 2012 comes into force

3

Schedule 7 to the Act (insofar as it is not already in force) comes into force on the day on which section 72 of the Protection of Freedoms Act 2012[^f00006] is brought into force for the purposes of inserting section 30A into the Act.

Provisions coming into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force

4

The following provisions of the Act come into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force—

• (a) section 63(2) insofar as it relates to the provisions in Schedule 10 specified in paragraph (b) below;

• (b) Schedule 10 insofar as it repeals provisions in the Criminal Justice and Court Services Act 2000[^f00007], with the exception of the repeal of section 38 of that Act, insofar as those repeals have not already been brought into force.

Saving provision

5

Despite the commencement of the repeal of the provisions in the Criminal Justice and Court Services Act 2000 by virtue of article 4, the following provisions of that Act shall continue to have effect for any person who, at the time those provisions are repealed, is subject to a disqualification order—

• (a) section 31 (appeals);

• (b) section 32 (review of disqualification);

• (c) section 33 (conditions for application under section 32).

Signed

Lynne Featherstone — Parliamentary Under-Secretary of State — 28th August 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force further provisions of the Safeguarding Vulnerable Groups Act 2006 (“the 2006 Act”) and makes a saving provision in relation to the repeal of certain provisions in the Criminal Justice and Court Services Act 2000 (“the 2000 Act”).

Article 2 brings into force on 10th September 2012 provision in the 2006 Act relating to provision of information from the Independent Safeguarding Authority (“ISA”) to keepers of relevant registers and the ability for supervisory authorities to request information and be provided with information by the ISA.

Article 3 brings into force provisions in the 2006 Act relating to the list of persons who will be entitled to request barred list information from the ISA at the same time as the provisions in the 2006 Act which enable that barred list check to be done (which were inserted by the Protection of Freedoms Act 2012 (“the 2012 Act”)) are brought into force. This will be done by a commencement order made under the 2012 Act at a later date.

Article 4 fully commences the repeal of the disqualification order regime in the 2000 Act when the up-dating system in relation to Criminal Record Bureau certificates in the 2012 Act is brought into force.

Article 5 makes a saving provision to ensure that anyone subject to a disqualification order at the time the repeal is fully commenced may still appeal against their disqualification order or request a review of their disqualification order.

Footnotes

[^f00001]: 2006 c. 47.

[^f00002]: Section 43(6) is amended by sections 75(4) and 115(2) of, and Part 5 of Schedule 10 to, the Protection of Freedoms Act 2012 (c. 9).

[^f00003]: Section 47(1) to (4) is amended by sections 76 and 115(2) of, and Part 5 of Schedule 10 to, the Protection of Freedoms Act 2012. There are other amendments not relevant to this Order.

[^f00004]: Section 47(7) is amended by section 76 of the Protection of Freedoms Act 2012.

[^f00005]: Section 50 is amended by section 76 of the Protection of Freedoms Act 2012. There are other amendments not relevant to this Order.

[^f00006]: 2012 c. 9.

[^f00007]: 2000 c. 43.