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Safeguarding Vulnerable Groups Act 2006
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- 2006 c. 47
- Local authority information and referrals
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Changes over time for: Cross Heading: Local authority information and referrals
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Changes and effects
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- Act modified by 1997 c. 50 s. 126(3) (as added) by S.I. 2007/1351 (N.I.) Sch. 7 para. 3
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 24A inserted by 2009 c. 26 s. 84(1)
- s. 30A 30B substituted for s. 30-32 by 2012 c. 9 s. 72(1)
- s. 34A-34C inserted by 2009 c. 26 s. 87(2)
- s. 34ZA inserted by 2012 c. 9 s. 73
- s. 50A and cross-heading inserted by 2009 c. 26 s. 88
- s. 50A cross-heading word inserted by 2012 c. 9 Sch. 9 para. 65(4)
- s. 50A heading word inserted by 2012 c. 9 Sch. 9 para. 65(4)
- s. 50A(1)(c)(d) inserted by 2012 c. 9 s. 77(3)
- s. 50A(1A)-(1C) inserted by 2012 c. 9 s. 77(4)
- s. 50A(2) words substituted by 2012 c. 9 Sch. 9 para. 65(2)
- s. 50A(3) inserted by S.I. 2010/1154 art. 12
- s. 50A(3) words substituted by 2012 c. 9 Sch. 9 para. 65(3)
- s. 50A(4) inserted by 2012 c. 9 s. 77(5)
- s. 89(6) repealed by 2012 c. 9 s. 77(1)(b) Sch. 10 Pt. 5
- Sch. 4 para. 5A and cross heading inserted by 2012 c. 9 s. 77(6)
Commencement Orders yet to be applied to the Safeguarding Vulnerable Groups Act 2006:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2007/3545 art. 2-4 commences (2006 c. 47)
- S.I. 2008/930 art. 2 commences (2006 c. 47)
- S.I. 2008/1320 art. 2-5 commences (2006 c. 47)
- S.I. 2008/3204 art. 2 commences (2006 c. 47)
- S.I. 2009/39 art. 2 commences (2006 c. 47)
- S.I. 2009/1503 art. 2 3 commences (2006 c. 47)
- S.I. 2009/2610 art. 2 commences (2006 c. 47)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/3077 art. 2-5 commences (2008 c. 25)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/1513 art. 2 commences (2008 c. 25)
- S.I. 2009/3096 art. 2-4 commences (2009 c. 26)
- S.I. 2010/30 art. 2-4 commences (2009 c. 21)
- S.I. 2010/125 art. 2-4 commences (2009 c. 26)
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2010/2981 art. 2-4 commences (2008 c. 23)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.I. 2012/924 art. 2 Coming into force
- S.I. 2012/1319 art. 2(4) commences (2012 c. 7)
- S.I. 2012/1553 art. 2(e) commences (2008 c. 23)
- S.R. 2009/304 art. 2 commences (S.I. 2007/304)
Prospective
Local authority information and referralsE+W
39Local authorities: duty to referE+W
(1)A local authority must provide IBB with any prescribed information they hold relating to a person if the first and second conditions are satisfied.
(2)The first condition is that the local authority thinks—
(a)that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person,
(b)that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or
(c)that the harm test is satisfied.
(3)The harm test is that the person may—
(a)harm a child or vulnerable adult,
(b)cause a child or vulnerable adult to be harmed,
(c)put a child or vulnerable adult at risk of harm,
(d)attempt to harm a child or vulnerable adult, or
(e)incite another to harm a child or vulnerable adult.
(4)The second condition is that the local authority thinks—
(a)that the person is engaged or may engage in regulated activity or controlled activity, and
(b)(except in a case where paragraph 1, 2, 7 or 8 of Schedule 3 applies) that IBB may consider it appropriate for the person to be included in a barred list.
(5)A local authority may provide IBB with any prescribed information it holds relating to a person if—
(a)the local authority think that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and
(b)the condition in subsection (4) is satisfied.
(6)For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3.
(7)“Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39).
40Local authorities: duty to provide information on requestE+W
(1)This section applies if IBB is considering—
(a)whether to include any person in a barred list;
(b)whether to remove any person from a barred list.
(2)If IBB thinks that a local authority hold any prescribed information relating to the person, it may require the authority to provide it with the information.
(3)The local authority must comply with a requirement under subsection (2).
(4)“Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970.
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