Citation, commencement and interpretation

1. —(1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009 and comes into force on 12th October 2009.

(2) In this Order—

“the Act” means the Safeguarding Vulnerable Groups Act 2006;

“relative” has the same meaning as in section 105(1) of the Children Act 1989( 2 ).

Vulnerable adults

2. —(1) A person (P) who falls within section 59(9)(b) of the Act is not to be treated as a vulnerable adult for the purposes of section 59(1)(h) of the Act where—

(a) P has one or more of the disabilities mentioned in paragraph (2),

(b) P has no other form of disability, and

(c) P receives a service or participates in an activity provided specifically for persons with a disability mentioned in paragraph (2).

(2) The disabilities referred to in paragraph (1) are—

(a) dyslexia;

(b) dyscalculia;

(c) dyspraxia;

(d) Irlen syndrome;

(e) alexia;

(f) auditory processing disorder;

(g) dysgraphia.

Exceptions - regulated activity relating to children

3. —(1) The provision of any form of treatment for a child is not to be treated as a regulated activity relating to children where—

(a) a person (P) who is engaged in any activity,

(b) provides treatment to a child, and

(c) the provision of treatment is not one of the main purposes of the activity in which P is engaged.

(2) The fostering of a child (C) is not to be treated as a regulated activity where—

(a) a person (F) is included in the children’s barred list,

(b) C is being looked after by a local authority within the meaning of section 22 of the Children Act 1989,

(c) the local authority that looks after C is satisfied that C’s welfare requires that C is fostered by F, and

(d) either—

(i) F or a member of F’s household is a relative of C, or

(ii) C was being fostered by F immediately before F was included in the children’s barred list.

Exception – regulated activity relating to vulnerable adults

4. The provision of any form of treatment for a vulnerable adult is not to be treated as a regulated activity relating to vulnerable adults where—

(a) a person (P) who is engaged in any activity,

(b) provides treatment to a vulnerable adult, and

(c) the provision of treatment is not one of the main purposes of the activity in which P is engaged.

Barred Lists

5. For the purposes of—

(a) section 3(2)(b) of the Act, the list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007( 3 ) is specified as a list corresponding with the children’s barred list;

(b) section 3(3)(b) of the Act, the list maintained under Article 6(1)(b) of that Order is specified as a list corresponding with the adults’ barred list.

Welsh Ministers - functions under the Children Act 1989

6. In section 45(7)( 4 ) of the Act, after paragraph (e) insert—

“ (ea) the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989; ” .