- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Safeguarding Vulnerable Groups Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
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.
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)A regulated activity provider commits an offence if—
(a)he permits an individual (B) to engage in regulated activity in relation to which B is not subject to monitoring,
(b)he knows or has reason to believe that B is not subject to monitoring in relation to 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 in relation to which B is not subject to monitoring, and
(c)he knows or has reason to believe that B is not subject to monitoring in relation to that activity.
(3)For the purposes of subsection (2)(b), 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.
(4)A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5)A person does not commit an offence under subsection (1) or (2) 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)A person does not commit an offence under subsection (1) if—
(a)he falls within section 17,
(b)the permission mentioned in subsection (1) commences at a time when B is engaged in relevant NHS employment mentioned in section 17(1)(b) in circumstances mentioned in subsection (6), and
(c)for the duration of the permission mentioned in subsection (1), B continues to be engaged in that relevant NHS employment.
(8)Subsection (6) or (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(9)A person does not commit an offence under subsection (1) or (2) if the regulated activity—
(a)is regulated activity relating to vulnerable adults, and
(b)falls within section 16.
(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.
(11)A person is not guilty of an offence by virtue of subsection (2) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of this section.
(12)Subsection (11) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: