The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025
Made: 9th July 2025
Coming into force in accordance with Article 1(1)
At the Court at Buckingham Palace, the 9th day of July 2025Present,The King’s Most Excellent Majesty in Council
His Majesty, in exercise of the powers conferred on Him by sections 64(1)(a), 64(3) and 66(4) of the Safeguarding Vulnerable Groups Act 2006[^f00001] and section 118 of the Protection of Freedoms Act 2012[^f00002], by and with the advice of His Privy Council, makes the following Order:
Citation, commencement, interpretation and extent
1
- (1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 and comes into force on the day after the day on which it is registered by the Royal Court of Guernsey.
- (2) In this Order—
- “the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
- “the 2012 Act” means the Protection of Freedoms Act 2012;
- “Guernsey” means the Bailiwick of Guernsey.
- (3) This Order extends to Guernsey.
Extension of provisions of the 2006 Act and the 2012 Act to Guernsey
2
The following provisions extend to Guernsey, subject to the modifications set out in the Schedule to this Order —
- (a) paragraph 19 of Schedule 3 (barred lists: information)[^f00003] to the 2006 Act;
- (b) section 70(1) (information for purposes of making barring decisions) of the 2012 Act;
- (c) paragraph 129 of Schedule 9 (consequential amendments) to the 2012 Act;
- (d) Part 5 of Schedule 10 (safeguarding of vulnerable groups) to the 2012 Act, to the extent that it amends paragraph 19 of Schedule 3 to the 2006 Act.
Consequential amendment of the Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012
3
- (1) The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012[^f00004] is amended as follows.
- (2) In article 4(5) (extension of Part 5 of Schedule 10 to the 2012 Act to Guernsey), for “subject to the modifications specified in Schedule 4” substitute “to the extent that it repeals the following provisions of the Police Act 1997[^f00005]—
- (a) section 113BA(2)(b) to (d);
- (b) section 113BB(2)(b) to (d).” [^f00006].
- (3) Omit Schedule 4 (modifications of Part 5 of Schedule 10 to the 2012 Act).
SCHEDULE — Modifications of provisions of the 2006 Act and the 2012 Act in their extension to Guernsey
1
- (1) Paragraph 19 of Schedule 3 (barred lists: information) to the 2006 Act is modified as follows.
- (2) In sub-paragraphs (1), (4), (5) (6) and (7), for “IBB”, wherever it appears, substitute “DBS”.
- (3) In sub-paragraph (1)(a), after “paragraphs 1 to 5 or 7 to 11” insert “(as those paragraphs have effect in England and Wales)”.
- (4) In sub-paragraph (1)(b), after “any of those paragraphs” insert “(as those provisions have effect in England and Wales)”.
- (5) In sub-paragraph (4), for “appropriate police authority” substitute “States of Guernsey Committee for Home Affairs”.
- (6) In sub-paragraph (7), in the definition of “caution”, after “(c. 50)” insert “and includes any equivalent caution lawfully given in any jurisdiction in Guernsey”.
- (7) After sub-paragraph (7A), insert—
(7B) In this paragraph, references to DBS are references to the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.
- (8) Omit sub-paragraph (8).
2
In paragraph 129(5) of Schedule 9 (consequential amendments) to the 2012 Act, in the substituted definition of “the relevant chief officer”, for “the Secretary of State” substitute “DBS”.
Signed
Richard Tilbrook — Clerk of the Privy Council
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order extends paragraph 19 of Schedule 3 to the Safeguarding and Vulnerable Groups Act 2006 (c. 47) (“the 2006 Act”), and section 70(1) of and paragraph 129 of Schedule 3 and Part 5 of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9) (“the 2012 Act”) to the extent that it amends paragraph 19 of Schedule 3 to the 2006 Act, to the Bailiwick of Guernsey, with appropriate modifications.
Article 2 has the effect of extending paragraph 19 of Schedule 3 to the 2006 Act so that there is a requirement on the salaried police force of the Island of Guernsey to share relevant information, upon request, with the Disclosure and Barring Service, to support its barring decisions, which may result in an individual being barred from working with vulnerable adults or children.
Article 3 (2) amends article 4(5) of the Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 ([S.I. 2012/1762](https://www.legislation.gov.uk/uksi/2012/1762)) (“*the 2012 Order*”). It clarifies that the 2012 Order extends Part 5 of Schedule 10 to the 2012 Act to Guernsey only to the extent that it repeals sections 113BA(2)(b) to (d) and 113BB(2)(b) to (d) of the Police Act [1997 (c. 50)](https://www.legislation.gov.uk/ukpga/1997/50). In consequence of that amendment, article 3(3) omits Schedule 4 from the 2012 Order.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.
Footnotes
[^f00001]: 2006 c. 47.
[^f00002]: 2012 c. 9.
[^f00003]: Paragraph 19 of Schedule 3 was amended by paragraph 361 of Schedule l6 to the Police Reform and Social Responsibility Act 2011 (c. 13), section 70(1) of and paragraphs 19 and 129 of Schedule 9 and Part 5 of Schedule 10 to the Protection of Freedoms Act 2012 and S.I. 2012/3006.
[^f00004]: S.I. 2012/1762.
[^f00005]: 1997 c. 50.
[^f00006]: Sections 133BA and 133BB were inserted by paragraph 14(4) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006.
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