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Exceptions

16Exception to requirement to make monitoring check

(1)Regulated activity falls within this section if it is carried out for the purposes of or in connection with any of the following—

(a)an establishment for the detention of persons in lawful custody (within the meaning of section 59(7)(a) to (c));

(b)a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults;

(c)a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description;

(d)the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing;

(e)welfare services of a prescribed description;

(f)dealing with payments by a person appointed to receive them as mentioned in section 59(10)(f).

(2)Activity does not fall within this section if the individual engaging in the activity is a prison officer acting in the course of his duty.

(3)In subsection (2) “prison officer” includes—

(a)a prisoner custody officer within the meaning of section 89(1) of the Criminal Justice Act 1991 (c. 53);

(b)a custody officer within the meaning of section 12(3) of the Criminal Justice and Public Order Act 1994 (c. 33).

(4)Activity does not fall within this section by virtue of paragraph (b) of subsection (1) if—

(a)the activity is carried out by or for a local authority in connection with the provision of community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990 (c. 19);

(b)the activity is carried out by or in an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14);

(c)the activity is carried out by an agency in relation to which such a requirement arises;

(d)the activity is carried out by a person to whom Part 2 of that Act applies in pursuance of an order under section 42 of that Act of 2000;

(e)the activity is carried out by an NHS body within the meaning of section 17(3) or by a person who provides health care for such a body.

(5)In this section “welfare services”—

(a)includes services which provide support, assistance, advice or counselling to individuals with particular needs;

(b)does not include community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990.

(6)Paragraphs (b), (c), (d) and (e) of subsection (1) cease to have effect on the relevant day.

(7)The relevant day is—

(a)the last day of the period of three years starting on the day any provision of this section is brought into force, or

(b)such later day as the Secretary of State specifies by order.

(8)A date specified under subsection (7)(b) must be not more than three years after—

(a)the relevant day as mentioned in subsection (7)(a), or

(b)the last day specified in respect of the paragraph concerned under subsection (7)(b).

(9)The Secretary of State may by order amend or omit any paragraph of subsection (1).

17NHS employment

(1)A regulated activity provider falls within this section if—

(a)he permits a person (E) to engage in regulated activity,

(b)immediately before the permission takes effect E is engaged in relevant NHS employment,

(c)for the duration of the permission E continues to be engaged in that relevant NHS employment, and

(d)the regulated activity is also relevant NHS employment.

(2)Relevant NHS employment is employment—

(a)with an NHS body, or

(b)with a person who provides health care for an NHS body (wherever the health care is provided),

in which the employee engages in regulated activity.

(3)Each of the following is an NHS body—

(a)a National Health Service trust;

(b)a Strategic Health Authority;

(c)an NHS foundation trust;

(d)a Local Health Board;

(e)a Special Health Authority;

(f)a Primary Care Trust.