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Safeguarding Vulnerable Groups Act 2006
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- Act modified by 1997 c. 50 s. 126(3) (as added) by S.I. 2007/1351 (N.I.) Sch. 7 para. 3
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 24A inserted by 2009 c. 26 s. 84(1)
- s. 34A-34C inserted by 2009 c. 26 s. 87(2)
- s. 50A inserted by 2009 c. 26 s. 88
- s. 50A(3) inserted by S.I. 2010/1154 art. 12
Commencement Orders yet to be applied to the Safeguarding Vulnerable Groups Act 2006:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2007/3545 art. 2-4 commences (2006 c. 47)
- S.I. 2008/930 art. 2 commences (2006 c. 47)
- S.I. 2008/1320 art. 2-5 commences (2006 c. 47)
- S.I. 2008/3204 art. 2 commences (2006 c. 47)
- S.I. 2009/39 art. 2 commences (2006 c. 47)
- S.I. 2009/1503 art. 2 3 commences (2006 c. 47)
- S.I. 2009/2610 art. 2 commences (2006 c. 47)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2008/3077 art. 2-5 commences (2008 c. 25)
- S.I. 2009/462 art. 2-5 commences (2008 c. 14)
- S.I. 2009/1513 art. 2 commences (2008 c. 25)
- S.I. 2009/3096 art. 2-4 commences (2009 c. 26)
- S.I. 2010/30 art. 2-4 commences (2009 c. 21)
- S.I. 2010/125 art. 2-4 commences (2009 c. 26)
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1621 art. 1 2 commences (S.I. 2010/231)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2010/2981 art. 2-4 commences (2008 c. 23)
- S.R. 2009/304 art. 2 commences (S.I. 2007/304)
Prospective
8Person not to engage in regulated activity unless subject to monitoringE+W
This section has no associated Explanatory Notes
(1)An individual commits an offence if—
(a)he engages in regulated activity with the permission of a regulated activity provider, and
(b)he is not subject to monitoring in relation to that activity.
(2)An individual commits an offence if—
(a)he engages in an activity which is a regulated activity by virtue of paragraph 1(3) or (6) of Schedule 4, and
(b)he is not subject to monitoring in relation to regulated activity relating to children.
(3)An individual commits an offence if—
(a)he acts as a member of the governing body of an educational establishment mentioned in subsection (5), and
(b)he is not subject to monitoring in relation to regulated activity relating to children.
(4)A person guilty of an offence under subsection (1), (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5)The establishments are—
(a)an educational institution which is exclusively or mainly for the provision of full-time education to children;
(b)a maintained nursery school (within the meaning of section 39 of the Education Act 2002 (c. 32)).
(6)A person does not commit an offence under subsection (1) or (2) if he has not attained the age of 16.
(7)A person does not commit an offence under subsection (1) if, in relation to any continuous period for which he is permitted to engage in the activity—
(a)the permission is first given before the commencement of this section, and
(b)it continues to have effect after such commencement.
(8)Where subsection (7) applies to a person who is engaged in regulated activity which is relevant NHS employment for the purposes of section 17(1)(d), he does not commit an offence under subsection (1) if he also engages in any other such regulated activity as mentioned in section 17.
(9)Subsection (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(10)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.
(11)A person does not commit an offence under subsection (3) if, in relation to any continuous period for which he acts as a governor—
(a)his appointment as a governor first took effect before the commencement of this section, and
(b)it continues to have effect after such commencement.
(12)Subsection (11) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.
(13)It is a defence for a person charged with an offence under subsection (1), (2) or (3) to prove that he did not know, and could not reasonably be expected to know, that he was not subject to monitoring in relation to the activity.
(14)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.
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