Statutory Instruments
2012 No. 2112
Children And Young Persons, England And Wales
Protection Of Vulnerable Adults, England And Wales
The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2012
Made
14th August 2012
Laid before Parliament
16th August 2012
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2(5), 35(1), 36(1), 37(2), 39(1) and (5), 41(1), 42(2), 45(1) and (5), 46(1) and (2), 50A(1)(d) and 60(1) and (5) of, and paragraph 15 of Schedule 3 and paragraph 7(1)(f) and (g) of Schedule 4 to, the Safeguarding Vulnerable Groups Act 2006( 1 ).
In accordance with section 56(3)(g), (h), (i), (j), (l), (m) and (r) of that Act, the Secretary of State has consulted the Welsh Ministers.
Citation, commencement, interpretation and extent
1. —(1) These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2012.
(2) Subject to paragraph (3), these Regulations shall come into force on 10th September 2012.
(3) Regulations 7 to 9 and 24 to 28 shall come into force on 10th September 2012 immediately after the commencement of section 66 of the Protection of Freedoms Act 2012( 2 ).
(4) In these Regulations “the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.
(5) These Regulations extend to England and Wales.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008
2.The Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008( 3 ) are amended as follows.
3. In regulation 1(2) omit the definition of the “unique identification number accorded to the monitoring application or referral”.
4. In regulation 1(2) for the definition of the “Criminal Records Bureau disclosure number” substitute ““the criminal record certificate number” means the number relating to any criminal record certificate within the meaning of section 113A of the Police Act 1997( 4 ) or any enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997.”
5. Omit regulation 3(d) and (e).
6. For regulation 3(g) substitute—
“ (g) the criminal record certificate number relating to the individual; ”
7. In regulation 4(c) for “duty”, in each place where it occurs, substitute “power”.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008
8.The Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008( 5 ) are amended as follows.
9. In regulation 2—
(a) in paragraph (1) omit “removal from, or”;
(b) in paragraph (5) omit “removal from, or”.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008
10.The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008( 6 ) are amended as follows.
11. In regulation 2(1) in the definition of “employment” omit “or controlled”.
12. In regulation 3—
(a) omit “and responsible persons” in the heading;
(b) omit “and (b)”.
13. In regulation 4(2)(e) omit “or controlled activity”.
14. In regulation 4(2)(f)(i), (h) and (i) omit “or controlled”.
15. In regulation 5(1) omit “and (b)”.
16. Omit regulations 6, 8 and 10.
17. In paragraph 1 of the Schedule—
(a) at the end of sub-paragraph (e) insert “and”;
(b) in sub-paragraph (f) omit “; and”;
(c) omit sub-paragraph (g).
18. In paragraph 2 of the Schedule omit “or controlled”.
19. In paragraph 4(h) of the Schedule omit “or controlled”.
20. In paragraph 6 of the Schedule for “35, 36, 39, 41 or 45” substitute “35 or 36”.
21. In paragraph 9 of the Schedule after “such proceedings” insert “, and including proceedings commenced under the Children Act 1989”.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2009
22.The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2009( 7 ) are amended as follows.
23. Omit regulations 2 and 4.
Regulated activity relating to vulnerable adults
24. Subject to regulation 26, the conveying of adults who need to be conveyed by reason of age, illness or disability by the following persons in the course of their employment is regulated activity relating to vulnerable adults under paragraph 7(1)(f) of Schedule 4 to the 2006 Act( 8 )—
(a) any person who is employed as a hospital porter;
(b) any person who is employed as an emergency care assistant;
(c) any person who is employed as an ambulance technician;
(d) any driver who is employed in the Patient Transport Service( 9 ) or a person who is employed to assist that driver in carrying out the conveying.
25. Subject to regulation 26, the conveying, or assistance provided in the conveying, of any adult who needs to be conveyed by reason of age, illness or disability is regulated activity relating to vulnerable adults under paragraph 7(1)(f) of Schedule 4 to the 2006 Act in the following circumstances—
(a) the conveying is on behalf of an organisation, whether or not the person who does, or assists in, such conveying is employed by that organisation;
(b) the conveying is to or from a place in which the adult will receive, or has received, health care (as defined in paragraph 7(2) of Schedule 4 to the 2006 Act( 10 )), relevant personal care (as defined in paragraph 7(3B) of Schedule 4 to the 2006 Act( 11 )) or relevant social work (as defined in paragraph 7(3C) of Schedule 4 to the 2006 Act( 12 )); and
(c) the person does, or assists in, such conveying for the purpose of enabling the adult to receive that health care, relevant personal care or relevant social work (as the case may be).
26. Regulations 24 and 25 do not apply to any person who does, or assists in, such conveying in a vehicle which is licensed under —
(a) section 37 of the Town Police Clauses Act 1847( 13 );
(b) section 6 of the Metropolitan Public Carriage Act 1869( 14 );
(c) section 48 of the Local Government (Miscellaneous Provisions) Act 1976( 15 );
(d) section 7 of the Private Hire Vehicles (London) Act 1998( 16 ); or
(e) an equivalent provision of a local enactment.
Provision of information to the police: prescribed purposes
28. The disclosure of information by the relevant chief officer under section 113B(4) of the Police Act 1997( 18 ) is prescribed under section 50A(1)(d) of the 2006 Act.
James Brokenshire
Parliamentary Under-Secretary of State
Home Office
14th August 2012
2006 c. 47 . Sections 35(1), 36(1) and 37(2) were amended by section 115(1) and (2) of, and paragraphs 43, 61, 62 and 63 of Schedule 9 and Part 5 of Schedule 10 to, the Protection of Freedoms Act 2012; section 39(1) and (5) was amended by sections 77 and 115(2) of, and Part 5 of Schedule 10 to, the Protection of Freedoms Act 2012; section 41(1) and (5) was amended by section 75 and 115(2) of, and Part 5 of Schedule 10 to, the Protection of Freedoms Act 2012; section 45(1) and (5) was amended by section 76 and 115(2) of, and Part 5 of Schedule 10 to, the Protection of Freedoms Act 2012; section 50A was inserted by section 88 of the Policing and Crime Act 2009 (c. 26) and amended by section 77 of the Protection of Freedoms Act 2012. There are other amendments but none relevant to these Regulations.
1997 c. 50 . Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by section 63(1) of, and paragraph 14 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006, section 50 of the Criminal Justice and Immigration Act 2008 (c. 4) , S.I. 2009/203 , and sections 79(2), 80(1) and 115(1) and (2) of, and paragraphs 35 and 36 of Schedule 9 and Parts 5 and 6 of Schedule 10 to, the Protection of Freedoms Act 2012; section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 and amended by section 63(1) of, and paragraph 14 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006, section 50 of the Criminal Justice and Immigration Act 2008, S.I. 2009/203 , and sections 79(2), 80(1), 82 and 115(1) and (2) of, and paragraphs 35 and 37 of Schedule 9 and Parts 5 and 6 of Schedule 10 to, the Protection of Freedoms Act 2012.
Paragraph 7(1)(f) of Schedule 4 to the 2006 Act was substituted by section 66(3) of the Protection of Freedoms Act 2012.
Non-emergency patient transport services, known as the Patient Transport Service, are typified by the non-urgent, planned, transportation of patients with a medical need for transport to and from premises providing NHS healthcare and between NHS healthcare providers.
Paragraph 7(2) of Schedule 4 to the 2006 Act was substituted by section 66(3) of the Protection of Freedoms Act 2012
Paragraph 7(3B) of Schedule 4 to the 2006 Act was inserted by section 66(3) of the Protection of Freedoms Act 2012.
Paragraph 7(3C) of Schedule 4 to the 2006 Act was inserted by section 66(3) of the Protection of Freedoms Act 2012.
Paragraph 7(3) of Schedule 4 to the 2006 Act was substituted by section 66(3) of the Protection of Freedoms Act 2012.