Statutory Instruments
2010 No. 1146
Children And Young Persons, England And Wales
Protection Of Vulnerable Adults, England And Wales
The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010
Made
30th March 2010
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 23(1), 61(5) and 64(1)(a) and (3) of, and paragraphs 1(1), 2(1), 7(1), 8(1) and 24(1) and (2) of Schedule 3 to, the Safeguarding Vulnerable Groups Act 2006(1):
In accordance with section 56(3)(q) of that Act, the Secretary of State has consulted the Welsh Ministers:
A draft of these Regulations was laid before Parliament in accordance with section 61(3) of that Act and approved by resolution of each House of Parliament:
Citation and commencementI1
1. These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 and come into force on the day after the day on which they are made.
Circumstances in which a responsible person must not permit another to engage in a controlled activity in England relating to children
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Circumstances in which a responsible person must not permit another to engage in controlled activity in England relating to vulnerable adults
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of section 113A of the Police Act 1997
F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to children
F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to vulnerable adults
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Modification of section 113B of the Police Act 1997: assessment of suitability for work which is a controlled activity relating to children and for work which is a controlled activity relating to vulnerable adults
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Further modification of section 113B of the Police Act 1997
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009I2
9.—(1) The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009(2) are amended as follows.
(2) In regulation 1—
(a)for paragraphs (6) and (7), substitute—
“(6) In regulations 3 to 6—
(a)a reference to an offence, A, specified in the Schedule includes a reference to an offence, B, which in relation to offence A is a connected offence, and
(b)a reference to being convicted of an offence specified in the Schedule includes a reference to being convicted of—
(i)an Islands offence, or
(ii)a relevant foreign offence.
(7) In paragraph (6)(b), an Islands offence is an offence satisfying the criteria in paragraph (7A) and a relevant foreign offence is an offence satisfying the criteria in paragraph (8).
(7A) The criteria are that—
(a)the offence is one under the law in force in the Isle of Man or any of the Channel Islands;
(b)the conduct which constitutes the offence would, if carried out in England and Wales, amount to an equivalent offence which is specified in the Schedule; and
(c)where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.”; and
(b)after paragraph (8), insert—
“(8A) For the purposes of paragraph (7A), an act punishable under the law in force in the Isle of Man or any of the Channel Islands constitutes an offence under that law however it is described in that law.”.
(3) In paragraph 2 of the Schedule(3), in Part 2 of the table omit—
(a)“Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, section 9”, and
(b)“Sexual Offences (Scotland) Act 1976, section 3”.
(4) In paragraph 4 of the Schedule(4), in Part 1 of the table—
(a)at the appropriate places in the first column, insert—
(i)“Sexual Offences Act 2003(5), section 66”,
(ii)“Sexual Offences Act 2003, section 67”,
(iii)“Sexual Offences (Northern Ireland) Order 2008(6), Article 70”, and
(iv)“Sexual Offences (Northern Ireland) Order 2008, Article 71”;
(b)in the second column, at places that correspond with each of the entries mentioned in subparagraph (a), insert “The offence was committed against a child under the age of 16”;
(c)in the first column, omit—
(i)“Sexual Offences Act 1956, section 1”, and
(ii)“Sexual Offences Act 2003, section 1”; and
(d)in the second column, omit the entries that correspond with the entries mentioned in subparagraph (c).
(5) In paragraph 4 of the Schedule, in Part 2 of the table—
(a)omit—
(i)“Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968, section 9”,
(ii)“Sexual Offences Act 2003, section 66”,
(iii)“Sexual Offences Act 2003, section 67”,
(iv)“Sexual Offences (Northern Ireland) Order 2008, Article 70”, and
(v)“Sexual Offences (Northern Ireland) Order 2008, Article 71”; and
(b)at the appropriate places in the first column insert—
(i)“Sexual Offences Act 1956, section 1(7)”, and
(ii)“Sexual Offences Act 2003, section 1”.
(6) Article 24(3)(b) of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous Provisions and Commencement No. 5) Order 2009(8) is revoked.
Delyth Morgan
Parliamentary Under Secretary of State
Department for Children, Schools and Families
30th March 2010
2006 c. 47. Each of paragraphs 1(1), 2(1), 7(1) and 8(1) of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006 (“the Act”) refers to criteria prescribed for the purposes of the relevant paragraph. Paragraph 24 of Schedule 3 to the Act makes provision as to the criteria that may be prescribed for the purposes of paragraphs 1(1), 2(1), 7(1) and 8(1) of that Schedule. Paragraph 24(2) was amended by S.I. 2008/3050. Section 60(1) of the Act defines “prescribed” as meaning prescribed by regulations made by the Secretary of State.
S.I. 2009/37 as amended by S.I. 2009/2610.
The offences specified in paragraph 2 of the Schedule are prescribed by regulation 4(5) of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 as a criterion for automatic inclusion in the children’s barred list with the right to make representations.
The offences specified in paragraph 4 of the Schedule are prescribed by regulation 6(b) of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 as a criterion for automatic inclusion in the adults’ barred list with the right to make representations.
S.I. 2008/1769 (N.I. 2).
1956 c. 69. Section 1 was substituted by section 142 of the Criminal Justice and Public Order Act 1994 (c.33) and repealed by paragraph 11 of Schedule 6 to the Sexual Offences Act 2003.