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:
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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):
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,
(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.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
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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:
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