Statutory Instruments

2009 No. 1797

Children And Young Persons, England And Wales

Protection Of Vulnerable Adults, England And Wales

The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

Made

3rd July 2009

Laid before Parliament

10th July 2009

Coming into force

12th October 2009

The Secretary of State for Children, Schools and Families, in exercise of the powers conferred by sections 3(2)(b) and (3)(b), 45(9) and 59(11) of, and paragraphs 6 and 9 of Schedule 4 to, the Safeguarding Vulnerable Groups Act 2006(1), makes the following Order:

In accordance with section 56(3)(n) of that Act, the Secretary of State has consulted the Welsh Ministers:

In accordance with section 56(2)(a) of that Act, the Secretary of State has obtained the consent of the Welsh Ministers:

Citation, commencement and interpretation_I1

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

^F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions - regulated activity relating to children_I2

^F23.—(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)a person (F) is [^F3barred from engaging in regulated activity relating to children^F3] ,

(b)C is being looked after by a local authority within the meaning of section 22 of the Children Act 1989[^F4 or section 74 of the Social Services and Well-being (Wales) Act 2014,^F4] ,

(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 [^F5barred from engaging in regulated activity relating to children^F5] .

Exception – regulated activity relating to vulnerable adults

^F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Barred Lists_I3

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_I4

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;”.

Delyth Morgan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

3rd July 2009

(1)

2006 c. 47.

(2)

1989 c. 41. The definition of “relative” was amended by the Civil Partnership Act 2004 (c. 33).

(3)

S.I. 2007/1351 (N.I. 11)

(4)

Section 45(7) of the Act has been amended by the Health and Social Care Act 2008 (c. 14) but the amendments were not in force on the making of this Order.

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

in force

Provision is in force

in force*

In force only for specified purposes (for detail about the purposes see/hover footnote)

not in force

Not in force in England (may be in force in other geographies, see footnotes)

italics

Defined term

_dfn

Defined term (alternative style)

gry bckgrd

the in-force status of the provision is complex, check the footnotes

footnote	commentary	related provisions	insert/omit
F1	Art. 2 revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 3 (with arts. 6-9)	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
F2	Art. 3(1) omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 4(a) (with arts. 6-9)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F3	Words in art. 3(2)(a) substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 4(b) (with arts. 6-9)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F4	Words in art. 3(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 112		inserted
F5	Words in art. 3(2)(d)(ii) substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 4(c) (with arts. 6-9)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F6	Art. 4 revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157), arts. 1(1), 3 (with arts. 6-9)	this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
I1	Art. 1 in force at 12.10.2009, see art. 1(1)
I2	Art. 3 in force at 12.10.2009, see art. 1(1)
I3	Art. 5 in force at 12.10.2009, see art. 1(1)
I4	Art. 6 in force at 12.10.2009, see art. 1(1)

Defined Term	Section/Article	ID	Scope of Application
relative	art. 1.	def_a0ca33483b
the Act	art. 1.	def_cf8d957681

2009 No. 1797

The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

Citation, commencement and interpretationI1

Vulnerable adults

Exceptions - regulated activity relating to childrenI2

Exception – regulated activity relating to vulnerable adults

Barred ListsI3

Welsh Ministers - functions under the Children Act 1989I4

Status of changes to instrument text

Citation, commencement and interpretation_I1

Exceptions - regulated activity relating to children_I2

Barred Lists_I3

Welsh Ministers - functions under the Children Act 1989_I4