Search Legislation

Safeguarding Vulnerable Groups Act 2006

Status:

This is the original version (as it was originally enacted).

8Person not to engage in regulated activity unless subject to monitoring

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.

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