Citation, commencement, interpretation and extent

1. —(1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2012 and, subject to paragraph (2), comes into force on 10th September 2012.

(2) Articles 4 to 9 of this Order come into force on 10th September 2012 immediately after the commencement of section 66 of the Protection of Freedoms Act 2012( 2 ).

(3) In this Order “the Act” means the Safeguarding Vulnerable Groups Act 2006.

(4) This Order extends to England and Wales.

Relevant disqualifications

2. For the purposes of sections 43(7) and 48(6) of the Act, each of the following is a list corresponding to the children’s barred list—

(a) the list maintained under section 1(1)(a) of the Protection of Vulnerable Groups (Scotland) Act 2007( 3 );

(b) the list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007( 4 ).

3. For the purposes of sections 43(7) and 49(6) of the Act, each of the following is a list corresponding to the adults’ barred list—

(a) the list maintained under section 1(1)(b) of the Protection of Vulnerable Groups (Scotland) Act 2007;

(b) the list maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Exceptions from regulated activity relating to vulnerable adults

4. The provision to an adult of health care (as defined in paragraph 7(2) of Schedule 4 to the Act( 5 )) by a person who is not, but who acts under the direction or supervision of, a health care professional (as defined in paragraph 7(3) of Schedule 4 to the Act( 6 )) is not to be treated as a regulated activity relating to vulnerable adults where that health care—

(a) is provided under regulations under Part 6 of the National Health Service Act 2006( 7 ) or Part 6 of the National Health Service (Wales) Act 2006( 8 ) in practice premises or as mobile services; or

(b) is provided in a registered pharmacy (within the meaning of Part IV of the Medicines Act 1968( 9 )).

5. For the purposes of article 4—

(a) “practice premises” means practice premises within the meaning of the General Ophthalmic Services Contracts Regulations 2008( 10 ) or, in relation to services provided in Wales, means registered premises in relation to a contractor as defined in the National Health Service (Ophthalmic Services) (Wales) Regulations 2023 ;

(b) “mobile services” means mobile services within the meaning of the General Ophthalmic Services Contracts Regulations 2008 or the National Health Service (Ophthalmic Services) (Wales) Regulations 2023 .

6. The provision to an adult of physical assistance in connection with the care of hair (within the meaning of paragraph 7(3B)(a)(vi) of Schedule 4 to the Act( 11 )) is not to be treated as a regulated activity relating to vulnerable adults where that assistance relates solely to the cutting of the adult’s hair.

Schedule 7 amendments

7. Schedule 7 to the 2006 Act is amended as follows.

8. At the end of the table in paragraph 1 insert the following entry—

9. In paragraph 3 in sub-paragraph (2) for “1, 2, 5, 6, 9 and 13” substitute “1, 5 and 9”.