Search Legislation

Safeguarding Vulnerable Groups Act 2006

Status:

This is the original version (as it was originally enacted).

16Exception to requirement to make monitoring check

This section has no associated Explanatory Notes

(1)Regulated activity falls within this section if it is carried out for the purposes of or in connection with any of the following—

(a)an establishment for the detention of persons in lawful custody (within the meaning of section 59(7)(a) to (c));

(b)a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults;

(c)a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description;

(d)the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing;

(e)welfare services of a prescribed description;

(f)dealing with payments by a person appointed to receive them as mentioned in section 59(10)(f).

(2)Activity does not fall within this section if the individual engaging in the activity is a prison officer acting in the course of his duty.

(3)In subsection (2) “prison officer” includes—

(a)a prisoner custody officer within the meaning of section 89(1) of the Criminal Justice Act 1991 (c. 53);

(b)a custody officer within the meaning of section 12(3) of the Criminal Justice and Public Order Act 1994 (c. 33).

(4)Activity does not fall within this section by virtue of paragraph (b) of subsection (1) if—

(a)the activity is carried out by or for a local authority in connection with the provision of community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990 (c. 19);

(b)the activity is carried out by or in an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14);

(c)the activity is carried out by an agency in relation to which such a requirement arises;

(d)the activity is carried out by a person to whom Part 2 of that Act applies in pursuance of an order under section 42 of that Act of 2000;

(e)the activity is carried out by an NHS body within the meaning of section 17(3) or by a person who provides health care for such a body.

(5)In this section “welfare services”—

(a)includes services which provide support, assistance, advice or counselling to individuals with particular needs;

(b)does not include community care services within the meaning of section 46 of the National Health Service and Community Care Act 1990.

(6)Paragraphs (b), (c), (d) and (e) of subsection (1) cease to have effect on the relevant day.

(7)The relevant day is—

(a)the last day of the period of three years starting on the day any provision of this section is brought into force, or

(b)such later day as the Secretary of State specifies by order.

(8)A date specified under subsection (7)(b) must be not more than three years after—

(a)the relevant day as mentioned in subsection (7)(a), or

(b)the last day specified in respect of the paragraph concerned under subsection (7)(b).

(9)The Secretary of State may by order amend or omit any paragraph of subsection (1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

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:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources