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Safeguarding Vulnerable Groups Act 2006

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Safeguarding Vulnerable Groups Act 2006, Section 7 is up to date with all changes known to be in force on or before 19 October 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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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 Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))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 Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))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 Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))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 Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))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)
This section has no associated Explanatory Notes

7[F1(1)Each of the following is a regulated activity relating to vulnerable adults—E+W

(a)the provision to an adult of health care by, or under the direction or supervision of, a health care professional,

(b)the provision to an adult of relevant personal care,

(c)the provision by a social care worker of relevant social work to an adult who is a client or potential client,

(d)the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability,

(e)any relevant assistance in the conduct of an adult's own affairs,

(f)the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability,

(g)such activities—

(i)involving, or connected with, the provision of health care or relevant personal care to adults, and

(ii)not falling within any of the above paragraphs,

as are of a prescribed description.

(2)Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.

(3)A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.

(3A)Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid.

(3B)Relevant personal care means—

(a)physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with—

(i)eating or drinking (including the administration of parenteral nutrition),

(ii)toileting (including in relation to the process of menstruation),

(iii)washing or bathing,

(iv)dressing,

(v)oral care, or

(vi)the care of skin, hair or nails,

(b)the prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the activities listed in paragraph (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or

(c)any form of training, instruction, advice or guidance which—

(i)relates to the performance of any of the activities listed in paragraph (a),

(ii)is given to a person who is in need of it by reason of age, illness or disability, and

(iii)does not fall within paragraph (b).

(3C)Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and social care worker means a person who is a social care worker by virtue of section 55(2)(a) of that Act.

[F2(3CA)In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act.]

(3D)Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person—

(a)managing the person's cash,

(b)paying the person's bills,

(c)shopping.

(3E)Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of—

(a)a lasting power of attorney created in respect of the person in accordance with section 9 of the Mental Capacity Act 2005,

(b)an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the person which is—

(i)registered in accordance with that Schedule, or

(ii)the subject of an application to be so registered,

(c)an order made under section 16 of that Act by the Court of Protection in relation to the making of decisions on the person's behalf,

(d)the appointment of an independent mental health advocate or (as the case may be) an independent mental capacity advocate in respect of the person in pursuance of arrangements under section 130A of the Mental Health Act 1983 or section 35 of the Mental Capacity Act 2005,

(e)the provision of independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006) in respect of the person, or

(f)the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration Act 1992.]

[F3(3EA)Relevant assistance in the conduct of a person’s own affairs is also representing or supporting the person in pursuance of arrangements made under section 67 or 68 of the Care Act 2014 (independent advocacy support).]

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1) F5... is a regulated activity relating to vulnerable adults.

[F6(6)The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults.]

(7)[F7An inspection function is a function] relating to the inspection of—

(a)a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act),

(b)an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000,

(c)an agency in relation to which such a requirement arises,

(d)a person to whom Part 2 of that Act applies in pursuance of [F8regulations] under section 42 of that Act,

(e)an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003, or

(f)any person, other than a local authority, providing F9... Welsh local authority social services within the meaning of that section,

in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.

(8)In sub-paragraph (7)(e) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).

F10(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)The exercise of a function of [F11the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales] is a regulated activity relating to vulnerable adults.

(10)A person who is part of a group in relation to which another (P) engages in regulated activity relating to vulnerable adults does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this sub-paragraph, would amount to engaging in regulated activity relating to vulnerable adults.

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Amendments (Textual)

F1Sch. 4 para. 7(1)-(3E) substituted for Sch. 4 para. 7(1)-(3) (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. 66(2), 120 (with s. 97); S.I. 2012/2234, art. 2(c) (with art. 4)

F4Sch. 4 para. 7(4) 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. 66(3), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)

F5Words in Sch. 4 para. 7(5) 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. 66(4), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)

F9Words in Sch. 4 para. 7(7)(f) 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. 66(5), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)

F10Sch. 4 para. 7(8A) 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. 66(6), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(c)(bb) (with art. 4)

F11Words in Sch. 4 para. 7(9) substituted (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. 66(7), 120 (with s. 97); S.I. 2012/2234, art. 2(c) (with art. 4)

Commencement Information

I1Sch. 4 para. 7 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I2Sch. 4 para. 7 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I3Sch. 4 para. 7 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)

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