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Safeguarding Vulnerable Groups Act 2006

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Changes to legislation:

Safeguarding Vulnerable Groups Act 2006, Cross Heading: Monitoring is up to date with all changes known to be in force on or before 17 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 6(8A) (8B) inserted by 2008 c. 14 Sch. 14 para. 8
  • s. 6(8A) word omitted by S.I. 2016/413 reg. 253(a)(i) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
  • s. 6(8A) words inserted by S.I. 2016/413 reg. 253(a)(ii) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
  • s. 13(1A) inserted by 2009 c. 26 s. 82(2) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 13(3A) inserted by 2009 c. 26 s. 82(4) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 13(6) inserted by 2009 c. 26 s. 82(6) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 13(11) substituted by 2009 c. 26 s. 82(7) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 30(2)(aa) (ab) inserted by 2009 c. 26 s. 85(2)(b) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 30(6A) (6B) inserted by 2009 c. 26 s. 85(6) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 30A 30B substituted for s. 30-32 by 2012 c. 9 s. 72(1)
  • s. 32(3)(aa) inserted by 2009 c. 26 s. 86(2)(b) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 33(3A)-(3D) inserted by 2012 c. 9 s. 72(2)(c)
  • s. 34A-34C inserted by 2009 c. 26 s. 87(2) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
  • s. 34ZA inserted by 2012 c. 9 s. 73
  • s. 41(4A)-(4C) inserted by S.I. 2009/1182 Sch. 5 para. 9(2)(a) (This amendment not applied to legislation.gov.uk. It comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
  • s. 48(2A) inserted by 2012 c. 9 s. 76(3)(c)
  • s. 49(2A) inserted by 2012 c. 9 s. 76(4)(c)
  • s. 56(3)(fa) inserted by 2012 c. 9 Sch. 9 para. 68(4)(b)
  • Sch. 3 para. 5A inserted by 2012 c. 9 s. 74(1)
  • Sch. 3 para. 11A inserted by 2012 c. 9 s. 74(3)
  • Sch. 3 para. 16(4)(m) inserted by 2017 c. 16 Sch. 5 para. 35
  • Sch. 5 para. 12(a)(b) substituted by S.I. 2009/203 art. 14(3)

MonitoringE+W+N.I.

F124MonitoringE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 24-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 69, 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(f)(bb)

F1 24AMonitoring: power to prescribe additional feesE+W+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 24-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 69, 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(f)(bb)

F125Monitoring: feesE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 24-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 69, 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(f)(bb)

F126Ceasing monitoringE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 24-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 69, 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(f)(bb)

Prospective

F1 27 Prohibition of requirement to produce certain recordsE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Ss. 24-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 69, 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(f)(bb)

28Independent monitorE+W+N.I.

After section 119A of the Police Act 1997 (c. 50) (further sources of information: Scotland) insert—

119BIndependent monitor

(1)There is to be an independent monitor for the purposes of this Part.

(2)The independent monitor is a person appointed by the Secretary of State—

(a)for such period, not exceeding three years, as the Secretary of State decides;

(b)on such terms as the Secretary of State decides.

(3)A person may be appointed for a further period or periods.

(4)The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect.

(5)The independent monitor must review—

(a)all cases in which information is disclosed to a registered person in pursuance of section 113B(6)(b);

(b)a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section;

(c)a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) or disclosed in pursuance of section 113B(5)(c) and (6)(b);

(d)all cases in which information is withheld from an individual because it is information to which section 24(9) of the Safeguarding Vulnerable Groups Act 2006 applies;

(e)a sample of cases in which relevant information (within the meaning of section 24(8)(b) of that Act) is provided to an individual in pursuance of section 24(4)(a) of that Act.

(6)The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights.

(7)The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part.

(8)The independent monitor may make recommendations to the Secretary of State as to—

(a)any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue;

(b)any changes to any enactment which the monitor thinks may be appropriate.

(9)The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 28 extended (Guernsey) (with modifications) (10.12.2009) by Police Act 1997 (Criminal Records) (Guernsey) Order 2009 (S.I. 2009/3215), art. 4, Sch. 2, Sch. 3 (with arts. 6-8)

C2S. 28 extended (Jersey) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Jersey) Order 2010 (S.I. 2010/765), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 6-8)

C3S. 28 extended (Isle of Man) (with modifications) (18.3.2010) by The Police Act 1997 (Criminal Records) (Isle of Man) Order 2010 (S.I. 2010/764), arts. 1(2), 4, Sch. 2, Sch. 3 (with arts. 6-8)

Commencement Information

I1S. 28 in force at 20.1.2009 by S.I. 2009/39, art. 2(1)(c)

29Part 5 of the Police Act 1997: code of practiceE+W+N.I.

(1)Section 122 of the Police Act 1997 (c. 50) (code of practice) is amended as follows.

(2)In subsection (1) after “information provided to” insert “ , or the discharge of any function by, ”.

(3)In subsection (3) for the words from “The Secretary of State” to “application” substitute “ Subsection (3A) applies if the Secretary of State thinks that the registered person who countersigned an application for a certificate under section 113A or 113B ”.

(4)After subsection (3) insert—

(3A)The Secretary of State may—

(a)refuse to issue the certificate;

(b)suspend the registration of the person;

(c)cancel the registration of the person.

(3B)Section 120AB applies if the Secretary of State proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he proposes to suspend or cancel a person's registration by virtue of section 120AA.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 29 in force at 20.1.2009 by S.I. 2009/39, art. 2(1)(d)

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