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Safeguarding Vulnerable Groups Act 2006

Offences: Supplementary

Section 18: Offences: companies etc.

95.This section provides that mangers, directors, etc of bodies corporate and partners of partnerships can in certain circumstances be liable for specified offences that are committed by the body corporate or partnership. This is intended to ensure that senior people in these organisations take responsibility for the actions of the organisation.

Section 19: Offences: other persons

96.This section provides for the following offences which can be committed by people acting, or appearing to act, on behalf of regulated activity providers and personnel suppliers (such as their employees):

  • subsection (1) mirrors the offence in section 10(1) of a regulated activity provider knowingly permitting someone to engage in regulated activity who is not subject to monitoring;

  • subsection (2) mirrors the offence in section 9(2) of a personnel supplier knowingly supplying a barred person for regulated activity;

  • subsection (3) mirrors the offence in section 10(2) of a personnel supplier knowingly supplying a person who is not subject to monitoring for regulated activity; and

  • subsection (6) provides that a person acting or appearing to act on behalf of a regulated activity provider may be held liable for the commission of the offence in section 11 (failure to check) where it is due to the act or reckless default of the person.

Section 20: section 19: exclusions and defences

97.Section 20 provides for defences in relation to the offences in section 19. These mirror the defences for the regulated activity providers and personnel suppliers in sections 10 and 11.

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