Safeguarding Vulnerable Groups Act 2006 - Explanatory Notes

1. Introduction

2. Summary and Background

   1. Overview

   2. How will the new scheme work?

3. Territorial Extent

4. Territorial Application: Wales

5. Commentary on Sections and Schedules

   1. Barring

      1. Section 1: Independent Barring Board

      2. Schedule 1: Independent Barring Board

      3. Schedule 3: Barred lists

      4. Section 3: Barred persons

      5. Section 4: Appeals

6. Regulated Activity

   1. Section 5: Regulated activity

   2. Schedule 4: Regulated activity

      1. Part 1: Regulated activity relating to children

      2. Part 2: Regulated Activity Relating to Vulnerable Adults

      3. Part 3: The period condition

7. Regulated Activity Providers

   1. Section 6: Regulated activity providers

8. Restrictions on Participating in Regulated Activity

   1. Section 7: Barred person not to engage in regulated activity

   2. Section 8: Person not to engage in regulated activity unless subject to monitoring

   3. Section 9: Use of barred person for regulated activity

   4. Section 10: Use of person not subject to monitoring for regulated activity

   5. Section 11: Regulated activity provider: failure to check

   6. Schedule 5 – Appropriate verification

   7. Section 12: Personnel suppliers: failure to check

   8. Schedule 6 – Employment businesses: failure to check

   9. Section 13: Educational establishments: checks on members of governing body

   10. Section 14 Office holders: offences

   11. Section 15 – sections 13 and 14: checks

9. Exceptions

   1. Section 16: Exception to requirement to make monitoring check

   2. Section 17: NHS employment

10. Offences: Supplementary

    1. Section 18: Offences: companies

    2. Section 19: Offences: other persons

    3. Section 20: section 19: exclusions and defences

11. Controlled Activity

    1. Section 21: Controlled activity relating to children

    2. Section 22: Controlled activity relating to vulnerable adults

    3. Section 23 – Controlled activity: regulations

12. Monitoring

    1. Section 24: Monitoring

    2. Section 25: Monitoring: fees

    3. Section 27: Prohibition of requirement to produce certain records

    4. Section 28 Independent monitor

    5. Section 29: Part 5 of the Police Act 1997: code of practice

13. Notices and Information

    1. Section 30: Provision of vetting information

    2. Schedule 7 – Vetting information

    3. Section 31: Meaning of relevant information in section 30

    4. Section 32: Notification of cessation of monitoring

    5. Section 33: Cessation of registration

    6. Section 34: Declarations under 30 and 32

    7. Section 35: Regulated activity providers: duty to refer

    8. Section 36: Personnel suppliers: duty to refer

    9. Section 38: Duty to provide information offences

14. Local Authority Information and Referrals

    1. Section 39: Local authorities: duty to refer

15. Professional Bodies and Supervisory Authorities

    1. Section 41: Registers: duty to refer

    2. Section 43: Registers: notice of barring and cessation of monitoring

    3. Section 44: Registers: power to apply for vetting information

    4. Section 45: Supervisory authorities: duty to refer

    5. Section 47: supervisory authorities: power to apply for vetting information

    6. Section 48: Supervisory authorities: notification of barring in respect of children

    7. Section 49: Supervisory authorities: notification of barring in respect of vulnerable adults

    8. Section 50: Provision of information to supervisory authorities

16. Crown

    1. Section 51: Crown application

17. Miscellaneous

    1. Section 53 – Fostering

    2. Section 54 – Devolution: alignment

    3. Section 55 – Northern Ireland

    4. Section 56 – Devolution: Wales

18. General

    1. Section 57 – Damages

    2. Section 58: Family and personal relationships

    3. Section 59: Vulnerable adults

    4. Section 61: Orders and regulations

    5. Schedule 8: Transitional provisions

    6. Section 63: Amendments and repeals

    7. Schedule 9: Amendments

19. Commencement Dates

    1. Hansard References