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Safeguarding Vulnerable Groups Act 2006

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Restrictions on participating in regulated activityE+W

7Barred person not to engage in regulated activityE+W

(1)An individual commits an offence if he—

(a)seeks to engage in regulated activity from which he is barred;

(b)offers to engage in regulated activity from which he is barred;

(c)engages in regulated activity from which he is barred.

(2)A person guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(3)It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.

(4)It is a defence for a person charged with an offence under subsection (1) to prove—

(a)that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b)that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c)that he engaged in the activity for no longer than was necessary for that purpose.

(5)For the purposes of this section, Schedule 4 is modified as follows—

(a)in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b)in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

(c)in paragraph 7(4), paragraph (a) must be disregarded.

(6)In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 months must be taken to be a reference to six months.

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Commencement Information

I1S. 7 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.

Prospective

F18Person not to engage in regulated activity unless subject to 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)

F1S. 8 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), s. 120, Sch. 9 para. 48, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

9Use of barred person for regulated activityE+W

(1)A person commits an offence if—

(a)he permits an individual (B) to engage in regulated activity from which B is barred,

(b)he knows or has reason to believe that B is barred from that activity, and

(c)B engages in the activity.

(2)A personnel supplier commits an offence if—

(a)he supplies an individual (B) to another (P),

(b)he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and

(c)he knows or has reason to believe that B is barred from that activity.

(3)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(4)It is a defence for a person charged with an offence under this section to prove—

(a)that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b)that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c)that the barred person engaged in the activity for no longer than was necessary for that purpose.

(5)For the purposes of this section, Schedule 4 is modified as follows—

(a)in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b)in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

(c)in paragraph 7(4), paragraph (a) must be disregarded.

(6)In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12 months must be taken to be a reference to six months.

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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. 9 in force at 12.10.2009 by S.I. 2009/2611, art. 2, Sch.

Prospective

F210Use of person not subject to monitoring for regulated activityE+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)

F2S. 10 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), s. 120, Sch. 9 para. 50, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

11Regulated activity provider: failure to checkE+W

(1)A regulated activity provider commits an offence if—

(a)he permits an individual (B) to engage in regulated activity,

(b)B engages in the activity, and

(c)he fails to ascertain whether B is subject to monitoring in relation to the activity.

(2)A regulated activity provider ascertains whether B is subject to monitoring only if—

(a)he obtains an appropriate verification in accordance with Part 1 of Schedule 5 and neither of Parts 2 and 3 of that Schedule is prescribed in relation to him,

(b)he obtains an appropriate verification in accordance with Part 2 of that Schedule and that Part is prescribed in relation to him, or

(c)he obtains an appropriate verification in accordance with Part 3 of that Schedule and that Part is prescribed in relation to him.

(3)A person does not commit an offence under subsection (1) if the regulated activity—

(a)is regulated activity relating to vulnerable adults, and

(b)falls within section 16.

(4)A person does not commit an offence under subsection (1) if he falls within section 17.

(5)A person does not commit an offence under subsection (1) if B has not attained the age of 16.

(6)A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—

(a)the permission is first given before the commencement of this section, and

(b)it continues to have effect after such commencement.

(7)Subsection (6) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.

(8)A person commits an offence if—

(a)he provides written confirmation under Schedule 5 that is false in any material respect, and

(b)he either knows that it is false or is reckless as to whether it is false.

(9)A person guilty of an offence under subsection (1) or (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10)In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.

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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

I3S. 11(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(a)

12Personnel suppliers: failure to checkE+W

(1)Schedule 6 (employment businesses: failure to check) has effect.

(2)The Secretary of State may by order make provision (including provision amending this Act) corresponding to Schedule 6 in relation to the supply of persons by a personnel supplier otherwise than in the course of carrying on an employment business.

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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

I4S. 12(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(y)

I5S. 12(1) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(r)

I6S. 12(2) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(d)

13Educational establishments: check on members of governing bodyE+W

(1)The appropriate officer (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 relating to any person (B) who is appointed to the governing body of an educational establishment mentioned in section 8(5).

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is a member of the governing body of the establishment—

(a)the appointment first took effect before the commencement of this section, and

(b)it continues to have effect after such commencement.

(4)Subsection (3) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.

(5)An appropriate officer is such person as is prescribed.

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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

I7S. 13(1)(5) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(b)

14Office holders: offencesE+W

(1)The Secretary of State may by regulations provide that a person commits an offence if—

(a)he engages in activity that is regulated activity by virtue of paragraph 1(9) or 7(9) of Schedule 4, and

(b)he is not subject to monitoring in relation to the activity.

(2)The Secretary of State may by regulations provide that a prescribed person (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 in relation to another person (B) appointed to a position mentioned in paragraph 4(1) or 8(1) of Schedule 4.

(3)Regulations under subsection (1) or (2) may provide for defences to the offence.

(4)An offence created by regulations under this section is punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale.

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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

I8S. 14(1)(2)(3) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(c)

Prospective

F315Sections 13 and 14: checksE+W

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Annotations: Help about Annotation
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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)

F3S. 15 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), s. 120, Sch. 9 para. 55, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

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