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Safeguarding Vulnerable Groups Act 2006

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This is the original version (as it was originally enacted).

20Section 19: exclusions and defences

This section has no associated Explanatory Notes

(1)A person does not commit an offence under section 19 if B has not attained the age of 16.

(2)A person does not commit an offence under section 19 if the regulated activity—

(a)is regulated activity relating to adults, and

(b)falls within section 16.

(3)A person does not commit an offence under section 19(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 that section, and

(b)it continues to have effect after such commencement.

(4)Subsection (3) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.

(5)A person does not commit an offence under subsection (1) of section 19 if—

(a)the regulated activity provider for whom he acts or appears to act falls within section 17,

(b)the permission mentioned in subsection (1) of section 19 commences at a time when B is engaged in relevant NHS employment mentioned in section 17(1)(b) in circumstances mentioned in subsection (3) above, and

(c)for the duration of the permission mentioned in subsection (1) of section 19, B continues to be engaged in that relevant NHS employment.

(6)A person is not guilty of an offence under section 19(3) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of that section.

(7)Subsection (6) does not have effect in respect of a supply which continues to have effect after such date as the Secretary of State specifies by order.

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