Statutory Instruments
2010 No. 1061
Children And Young Persons, England And Wales
Protection Of Vulnerable Adults, England And Wales
The Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) Regulations 2010
Made
28th March 2010
Laid before Parliament
1st April 2010
Coming into force
26th July 2010
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 13(5) and 61(5) of, and entry 19 in the table in paragraph 1 of Schedule 7 to, the Safeguarding Vulnerable Groups Act 2006( 1 ):
Citation and commencement
1. These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) Regulations 2010 and come into force on 26th July 2010.
Interpretation
2. In these Regulations—
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
“children’s charity” has the same meaning as in paragraph 4(4) of Schedule 4 to the 2006 Act;
“maintained school” means—
a community, foundation or voluntary school (referred to in section 20 of the School Standards and Framework Act 1998( 2 )),
a community or foundation special school (referred to in that section), or
a maintained nursery school (as defined in section 22(9) of that Act);
“non-maintained special school” means a school approved by the Secretary of State under section 342 of the Education Act 1996( 3 );
“the Schedule 7 table” means the table in paragraph 1 of Schedule 7 to the 2006 Act
“vulnerable adults’ charity” has the same meaning as in paragraph 8(4) of Schedule 4 to the 2006 Act.
Appropriate officer
3. For the purposes of section 13(1) of the 2006 Act the head teacher is the appropriate officer for—
(a) a maintained school or a non-maintained special school in England;
(b) a school falling within section 19(2B) of the Education Act 1996( 4 ).
Prescribed persons for purposes of entry 19 of the Schedule 7 table
4. —(1) A person (A) falls within column 1 of entry 19 in the Schedule 7 table if A falls within column 1 of the following table.
(2) Column 2 of the following table prescribes, for the purposes of column 2 of entry 19 in the Schedule 7 table, either children or vulnerable adults (as the case may be) in relation to the corresponding entry in column 1 of the table.
| Column 1 | Column 2 |
|---|---|
1. Head teacher of a maintained school or a non-maintained special school who is performing the function of checking whether B is suitable to serve on a committee established by the school’s governing body | Children |
2. Head teacher of a maintained school or a non-maintained special school who is performing the function of checking whether B is suitable to be the clerk to the school’s governing body | Children |
3. Teacher in charge of a school which falls within section 19(2) or (2B) of the Education Act 1996 but which does not provide full-time education to children when considering whether B is suitable to be a member of or clerk to a committee (established in accordance with regulations made under paragraph 15 of Schedule 1 to the Education Act 1996) which acts as the management committee of that school | Children |
4. Local authority when considering whether B is suitable to be a member of a relevant local government body (as defined in paragraph 4(2) of Schedule 4 to the 2006 Act) | Children |
5. Local authority when considering whether B is suitable to be a member of a relevant local government body (as defined in paragraph 8(2) of Schedule 4 to the 2006 Act) | Vulnerable adults |
6. Trustee of a children’s charity when considering whether B is suitable to be appointed as a trustee of that charity | Children |
7. Trustee of a vulnerable adults’ charity when considering whether B is suitable to be appointed as a trustee of that charity | Vulnerable adults |
8. The Secretary of State performing functions under section 41 of, or Schedule 2 to, the Crime and Disorder Act 1998( 5 ) when considering whether B is suitable to be a member of the Youth Justice Board for England and Wales( 6 ) | Children |
9. The Secretary of State performing functions under Schedule 1 to the Children Act 2004( 7 ) when considering whether B is suitable to be the Children’s Commissioner( 8 ) | Children |
10. The Children’s Commissioner performing functions under Schedule 1 to the Children Act 2004 when considering whether B is suitable to be the deputy Children’s Commissioner( 9 ) | Children |
11. The First Minister for Wales performing functions under regulations made under paragraph 2 of Schedule 2 to the Care Standards Act 2000( 10 ) when considering whether B is suitable to be the Children’s Commissioner for Wales( 11 ) | Children |
12. The Children’s Commissioner for Wales performing functions under Schedule 2 to the Care Standards Act 2000 when considering whether B is suitable to be the deputy Children’s Commissioner for Wales( 12 ) | Children |
13. The First Minister for Wales performing functions under regulations made under paragraph 2 of Schedule 1 to the Commissioner for Older People (Wales) Act 2006( 13 ) when considering whether B is suitable to be the Commissioner for Older People in Wales( 14 ) | Vulnerable adults |
14. The Commissioner for Older People in Wales performing functions under Schedule 1 to the Commissioner for Older People (Wales) Act 2006 when considering whether B is suitable to be the deputy Commissioner for Older People in Wales( 15 ) | Vulnerable adults |
15. The Secretary of State performing functions under paragraph 1 of Schedule 2 to the Criminal Justice and Court Services Act 2000( 16 ) when considering whether B is suitable to be chairman or other member of the Children and Family Court Advisory and Support Service( 17 ) | Children |
16. The Secretary of State performing functions under paragraph 5(4)(a) of Schedule 2 to the Criminal Justice and Court Services Act 2000 when considering whether B is suitable to be the chief executive of the Children and Family Court Advisory and Support Service | Children |
17. The Secretary of State performing functions under paragraph 1(2) or 2(4) of Schedule 1 to the 2006 Act when considering whether B is suitable to be the chairman or other member, or chief executive, of the Independent Safeguarding Authority( 18 ) | Children |
18. The Secretary of State performing functions under paragraph 1(2) or 2(4) of Schedule 1 to the 2006 Act when considering whether B is suitable to be the chairman or other member, or chief executive, of the Independent Safeguarding Authority | Vulnerable adults |
19. Adoption Agency (within the meaning of section 2 of the Adoption and Children Act 2002( 19 )) performing functions in accordance with regulations made under section 9 of that Act when considering whether B is suitable— (a) to adopt a child; (b) to live in premises in which a child is placed for adoption | Children |
20. Bishop of a diocese in the Church of England performing functions under the Canons of the Church of England when considering whether B is suitable for ordination or admission to the office of priest, deacon, deaconess, reader or licensed lay worker, or considering whether to license or authorise B to serve in the Bishop’s diocese (where B has been ordained or admitted to the office of priest, deacon, deaconess, reader or licensed lay worker) | Children |
21. Bishop of a diocese in the Church of England performing functions under the Canons of the Church of England when considering whether B is suitable for ordination or admission to the office of priest, deacon, deaconess, reader or licensed lay worker, or considering whether to license or authorise B to serve in the Bishop’s diocese (where B has been ordained or admitted to the office of priest, deacon, deaconess, reader or licensed lay worker) | Vulnerable adults |
22. Person performing functions in relation to the approval or accreditation of B for any form of teaching, training, instruction, care or supervision when considering whether B is suitable to teach, train, instruct, care for or supervise children | Children |
23. Person performing functions in relation to the approval or accreditation of B for any form of teaching, training or instruction when considering whether B is suitable to teach, train or instruct vulnerable adults | Vulnerable adults |
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
28th March 2010
2006 c. 47 . For the meaning of “prescribed” see section 60(1) of the Safeguarding Vulnerable Groups Act 2006 (“the 2006 Act”). Section 13 was amended by section 82 of the Policing and Crime Act 2009 (c. 26) but these amendments are not yet in force.
1996 c.56 . Section 342 was substituted by paragraph 82 of Schedule 30 to the School Standards and Framework Act 1998 and was amended by sections 142 and 143 of the Education and Skills Act 2008 (c. 25) (but those amendments are not yet in force). Functions of the Secretary of State under section 342, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ) and were subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32) .
A school falling within section 19(2B) of the Education Act 1996 is a pupil referral unit in England. However, section 249(1) of the Apprenticeships, Skills, Children and Learning Act 2009, which comes into force on 1st September 2010, changes the name of such a school to a “short stay school”. By virtue of paragraph 2 of Schedule 1 to the Education Act 1996, the reference in regulation 3 to “head teacher” is to be read, in relation to such a school, as a reference to the teacher in charge.
The Youth Justice Board for England and Wales was established by section 41 of the Crime and Disorder Act 1998, to which there are amendments not relevant to these Regulations.
The Children’s Commissioner is appointed under Part 1 of the Children Act 2004.
The deputy Children’s Commissioner is appointed under Part 1 of the Children Act 2004.
The Children’s Commissioner for Wales is appointed under Part 5 of the Care Standards Act 2000.
The deputy Children’s Commissioner for Wales is appointed under Part 5 of the Care Standards Act 2000.
The Commissioner for Older People in Wales is appointed under Schedule 1 to the Commissioner for Older People (Wales) Act 2006.
The deputy Commissioner for Older People in Wales is appointed under Schedule 1 to the Commissioner for Older People (Wales) Act 2006.
The Children and Family Court Advisory and Support Service was established by section 11(1) of the Criminal Justice and Court Services Act 2000.
The Independent Barring Board (established by section 1 of the 2006 Act) was renamed the Independent Safeguarding Authority by section 88 of the Policing and Crime Act 2009 (c. 26) .